H. R. 4650—40
SEC. 8088. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or provide
for the transportation of chemical munitions to the Johnston Atoll
for the purpose of storing or demilitarizing such munitions.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection
(a) during a period of war in which the United States is a party.
SEC. 8089. Notwithstanding any other provision of law, funds
made available in this Act and in the fiscal year 1994 Department
of Defense Appropriations Act (Public Law 103–139) under the
heading ‘‘Procurement, Defense-Wide’’ shall be available to pay
equitable adjustments to which the contractor is legally entitled
for Coastal Patrol Craft that were procured in prior fiscal years.
SEC. 8090. Notwithstanding any other provision of law, funds
appropriated in this Act for the High Performance Computing Mod-
ernization Program shall be made available only for the upgrade,
purchase, or modernization of supercomputing capability and capac-
ity at Department of Defense (DoD) science and technology sites
under the cognizance of the Director of Defense Research and
Engineering and DoD test and evaluation facilities under the Direc-
tor of Test and Evaluation, OUSD (A&T): Provided, That the con-
tracts, contract modifications, contract options, or other agreements
are awarded as the result of full and open competition based upon
the requirements of the user.
SEC. 8091. Amounts collected for the use of the facilities of
the National Science Center for Communications and Electronics
during the current fiscal year pursuant to section 1459(g) of the
Department of Defense Authorization Act, 1986 and deposited to
the special account established under subsection 1459(g)(2) of that
Act are appropriated and shall be available until expended for
the operation and maintenance of the Center as provided for in
subsection 1459(g)(2).
SEC. 8092. The Secretary of Defense and the Director of Central
Intelligence shall deliver, no later than January 1, 1995, a report
providing the following information about all research and develop-
ment projects involving the implementation, monitoring, or verifica-
tion of current and projected international arms control agreements:
(a) annual and total budgets, goals, schedules, and priorities; (b)
relationships among related projects being funded by the Depart-
ment of Defense, the National Foreign Intelligence Program, and
other departments and agencies of the Federal Government; and
(c) comments by the Arms Control and Disarmament Agency about
the relevance of each project to the arms control priorities of the
United States.
SEC. 8093. Notwithstanding any other provision of law, none
of the funds appropriated in this or any other Act shall be used
for the purchase of a totally enclosed lifeboat survival system,
which consists of the lifeboat and associated davits and winches,
if less than 50 percent of the entire system’s components are manu-
factured in the United States, and if less than 50 percent of the
labor in the manufacture and assembly of the entire system is
performed in the United States.
SEC. 8093A. None of the funds appropriated in this Act may
be used to fill the commander’s position at any military medical
H. R. 4650—41
facility with a health care professional unless the prospective can-
didate can demonstrate professional administrative skills.
SEC. 8094. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contract-
ing with the Department of Defense.
SEC. 8094A. Of the funds appropriated to the Department of
Defense (DOD) for Operation and Maintenance, Defense-Wide, not
less than $8,000,000 shall be made available until expended to
the Administration for Native Americans within 90 days of enact-
ment of this Act: Provided, That such funds shall be made available
only for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation, on
Indian lands resulting from Department of Defense activities: Pro-
vided further, That the Department of Defense shall provide to
the Committees on Appropriations of the Senate and House of
Representatives by September 30, 1995, a summary report of all
environmental damage that has occurred on Indian land as a result
of DOD activities, to include, to the extent feasible, a list of all
documents and records known to the Department that describe
the activity or action causing or relating to such environmental
damage.
SEC. 8095. None of the funds available to the Department
of Defense in this Act shall be used by the Secretary of a military
department to purchase coal or coke from foreign nations for use
at United States defense facilities in Europe when coal from the
United States is available.
SEC. 8096. None of the funds appropriated or otherwise made
available by this Act may be used for a defense technology reinvest-
ment project that is not selected pursuant to the applicable competi-
tive selection and other procedures set forth in chapter 148 of
title 10, United States Code: Provided, That notwithstanding any
other provision of law, funds appropriated for the Advanced
Research Projects Agency defense reinvestment program element
under the heading ‘‘Research, Development, Test and Evaluation,
Defense-Wide’’ shall not be obligated until the Secretary of Defense
has ensured that the Assistant Secretaries for Research, Develop-
ment, and Acquisition of the separate Military Departments are
full members of the Defense Technology Conversion Council and
are fully integrated into the process of selecting dual-use technology
focus areas for such programs and evaluating proposals for such
projects: Provided further, That notwithstanding any other provision
of law, of the funds appropriated for defense reinvestment programs
under the heading ‘‘Research, Development, Test and Evaluation,
H. R. 4650—42
Defense-Wide’’, $75,000,000 may only be obligated for projects
selected as a result of a competition held by the Advanced Research
Projects Agency in focus areas selected exclusively by the Assistant
Secretaries for Research, Development, and Acquisition of the sepa-
rate Military Departments: Provided further, That in addition to
the restriction contained in the preceding provisos, the competition
in focus areas shall be conducted in accordance with other
unaffected statutory provisions of the Defense Conversion, Reinvest-
ment, and Transition Assistance Amendments of 1993.
SEC. 8097. None of the funds appropriated in this Act are
available for development of bi-static active capability in SURTASS
unless the acoustic signal processing for this capability is hosted
exclusively on the AN/UYS–2 in the operational system.
SEC. 8097A. (a) Not later than April 1, 1995, the Secretary
of Defense shall submit to the Congressional defense committees
a management plan for the major university-affiliated research
centers which support the Department of Defense.
(b) The master plan required by the preceding subsection
shall—
(1) establish annual funding and manpower ceilings for
each institution, and a total annual funding and manpower
ceiling;
(2) describe in detail what specific actions are being taken
to increase management of these institutions by the Office
of the Secretary of Defense, and to reduce future annual fund-
ing; and
(3) explain the contracting arrangement with each institu-
tion, including an evaluation of whether contracts for future
efforts should be competitively awarded.
(c) For the purposes of this section, the term ‘‘major’’ shall
apply to institutions which receive more than $2,000,000 annually
from the Department of Defense.
SEC. 8098. None of the funds appropriated by this Act shall
be available for a contract for studies, analyses, or consulting serv-
ices entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procure-
ment determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work,
or
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source, or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements
of equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense, who
has been confirmed by the Senate, determines that the award
of such contract is in the interest of the national defense.
H. R. 4650—43
(TRANSFER OF FUNDS)
SEC. 8099. Upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds: Provided, That the
amounts transferred shall be available for the same purposes as
the appropriations to which transferred, and for the same time
period as the appropriation from which transferred: Provided fur-
ther, That the amounts shall be transferred between the following
appropriations in the amounts specified:
From:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1986/1990’’:
CG–47 cruiser program, $6,000,000;
LSD–41 landing ship dock program, $1,700,000;
T–AGOS ocean surveillance ship program, $5,000,000;
For craft, outfitting, post delivery, and cost growth,
$2,438,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1986/1990’’:
SSN–688 attack submarine program, $11,719,000;
MSH coastal mine hunter program, $3,419,000;
From:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1987/1991’’:
TRIDENT 
ballistic 
missile 
submarine 
program,
$650,000;
DDG–51 destroyer program, $633,000;
CG–47 cruiser program, $283,000;
T–AO fleet oiler program, $2,800,000;
AO conversion program, $400,000;
For craft, outfitting, and post delivery, $5,900,000;
Weapons Procurement, Navy, 1993/1995, $18,069,000;
National Guard and Reserve Equipment, 1994/1996,
$5,145,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1987/1991’’:
SSN–688 attack submarine program, $18,496,000;
AOE fast combat support ship program, $15,384,000;
From:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1988/1992’’:
CG–47 cruiser program, $15,351,000;
LSD–41 cargo variant ship program, $4,773,000;
LHD–1 amphibious assault ship program, $7,028,000;
AO conversion program, $1,900,000;
Aircraft Procurement, Navy, 1993/1995, $100,642,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1988/1992’’:
TRIDENT 
ballistic 
missile 
submarine 
program,
$6,035,000;
SSN–688 attack submarine program, $19,659,000;
CVN nuclear aircraft carrier program, $104,000,000;
H. R. 4650—44
From:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1989/1993’’:
LHD–1 amphibious assault ship program, $3,400,000;
T–AO fleet oiler program, $3,488,000;
T–AGOS surveillance ship program, $3,197,000;
AO conversion program, $1,300,000;
Weapons Procurement, Navy, 1993/1995, $178,000;
Other Procurement, Navy, 1993/1995, $22,400,000;
Research, Development, Test and Evaluation, Navy, 1994/
1995, $41,700,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1989/1993’’:
SSN–688 attack submarine program, $18,939,000;
SSN–21 attack submarine program, $37,123,000;
MHC coastal mine hunter program, $1,700,000;
AOE combat support ship program, $17,901,000;
From:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1990/1994’’:
TRIDENT 
ballistic 
missile 
submarine 
program,
$2,400,000;
Aircraft 
carrier 
service 
life 
extension 
program,
$346,000;
MCM mine countermeasures program, $657,000;
Oceanographic ship program, $3,964,000;
LCAC landing craft air cushion program, $1,188,000;
Aircraft Procurement, Navy, 1993/1995, $6,000,000;
Weapons Procurement, Navy, 1993/1995, $6,753,000;
Other Procurement, Navy, 1994/1996, $1,297,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1990/1994’’:
SSN–688 attack submarine program, $9,046,000;
MHC coastal mine hunter program, $3,575,000;
AOE combat support ship program, $9,984,000;
From:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1991/1995’’:
TRIDENT 
ballistic 
missile 
submarine 
program,
$39,500,000;
DDG–51 destroyer program, $8,200,000;
LSD–41 dock landing ship cargo variant ship program,
$22,427,000;
Aircraft Procurement, Navy, 1994/1996, $17,000,000;
Other Procurement, Navy, 1994/1996, $666,000;
Procurement, Marine Corps, 1993/1995, $6,600,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1991/1995’’:
SSN–21 attack submarine program, $48,240,000;
LHD–1 amphibious assault ship program, $43,600,000;
MHC coastal mine hunter program, $2,553,000;
From:
Aircraft Procurement, Navy, 1993/1995, $42,000,000;
Other Procurement, Navy, 1994/1996, $29,261,000;