H. R. 3116—38
unless amounts for such purposes are specifically appropriated in
a subsequent appropriations Act.
SEC. 8067. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Committees on Armed Services,
the Committees on Appropriations, and the subcommittees on
Defense of the Committee on Appropriations, of the Senate and
the House of Representatives.
SEC. 8068. Notwithstanding any other provision of law, during
the current fiscal year, the Secretary of Defense may acquire the
modification, depot maintenance and repair of aircraft, vehicles
and vessels as well as the production of components and other
Defense-related articles, through competition between Department
of Defense depot maintenance activities and private firms: Provided,
That the Senior Acquisition Executive of the military department
or defense agency concerned, with power of delegation, shall certify
that successful bids include comparable estimates of all direct and
indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A–76 shall not
apply to competitions conducted under this section.
SEC. 8069. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to Congress a report
on the amount of Department of Defense purchases from foreign
entities in fiscal year 1994. Such report shall separately indicate
the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2),
the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or
any international agreement to which the United States is a party.
(c) For purposes of this section, 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.).
SEC. 8070. (a) Of the funds made available in this Act in
title II, Operation and Maintenance, Army, $5,000,000 shall be
available only to execute the cleanup of uncontrolled hazardous
waste contamination affecting the Sale Parcel at Hamilton Air
Force Base, in Novato, in the State of California.
(b) Notwithstanding any other provision of law, in the event
that the purchaser of the Sale Parcel exercises its option to with-
draw from all or a portion of the sale, as provided in the Agreement
and Modification, dated September 25, 1990, between the Depart-
ment of Defense, the General Services Administration, and the
purchaser, as amended, the purchaser’s deposit of $4,500,000 shall
be returned by the General Services Administration and funds
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H. R. 3116—39
eligible for reimbursement under the Agreement and Modification,
as amended, shall come from the funds made available to the
Department of Defense by this Act.
(c) In the event that the purchaser purchases only a portion
of the Sale Parcel and exercises its option to withdraw from the
sale as to the rest of the Sale Parcel, the portion of the Sale
Parcel that is not purchased (other than Landfill 26 and an appro-
priate buffer area around it and the groundwater treatment facility
site), together with any of the land referred to in section 9099(e)
of Public Law 102–396 that is not purchased by the purchaser,
shall be sold to the City of Novato, in the State of California,
for the sum of One Dollar as a public benefit transfer for school,
classroom or other educational use, for use as a public park or
recreation area or for further conveyance as provided herein, subject
to the following restrictions: (1) if the City sells any portion of
such land to any third party within ten years after the transfer
to the City, which sale may be made without the foregoing use
restrictions, any proceeds received by the City in connection with
such sale, minus the demonstrated reasonable costs of conducting
the sale and of any improvements made by the City to the land
following its acquisition of the land (but only to the extent such
improvements increase the value of the portion sold), shall be
immediately turned over to the Army in reimbursement of the
withdrawal payment made by the Army to the contract purchaser
and the costs of cleaning up the Landfill and (2) until one year
following completion of the cleanup of contaminated soil in the
Landfill and completion of the groundwater treatment facilities,
the sale must be at a per-acre price for the portion sold that
is at least equal to the per-acre contract price paid by the purchaser
for the portion of the Sale Parcel purchased under the Agreement
and Modification, as amended, and thereafter must be at a price
at least equal to the fair market value of the portion sold. The
foregoing restrictions shall not apply to a transfer to another public
or quasi-public agency for public uses of the kind described above.
The deed to the City shall contain a clause providing that, if
any of the proceeds referred to in clause (1) are not delivered
to the Army within 30 days after sale, or any portion of the
land not sold as provided herein is used for other than educational,
park or recreational uses, title to the applicable portion of such
land shall revert to the United States Government at the election
of the General Services Administration. The Army shall agree to
deliver into the applicable closing escrow an acknowledgement of
receipt of any proceeds described in clause (1) above and a release
of the reverter right as to the affected land, effective upon such
receipt.
(d) Notwithstanding any other provision of law, the Air Force
shall be reimbursed for expenditures in excess of $15,000,000 in
connection with the total clean-up of uncontrolled hazardous waste
contamination on the aforementioned Sale Parcel from the proceeds
collected upon the closing of any portion of the Sale Parcel pur-
chased by the contract purchaser under the Agreement and Modi-
fication, as amended.
(e) Notwithstanding any other provision of law, the purchaser’s
reimbursement claims shall be audited by the Defense Contract
Audit Agency for reasonableness and accuracy before the Depart-
ment of Defense provides any funds under the purchaser’s with-
drawal and reimbursement rights.
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H. R. 3116—40
SEC. 8070A. Notwithstanding any other provision of law, any
statutorily-required analysis of the impact on the defense technology
and industrial base of terminations and significant reductions of
major research and development programs and procurement pro-
grams of the Department of Defense shall address only those actions
recommended by the Defense Department in its annual budget
request and amendments thereto, supplemental requests, or pro-
posed rescissions.
SEC. 8071. Notwithstanding any other provision of law, the
Secretary of Defense may, when he considers it in the best interest
of the United States, cancel any part of an indebtedness, up to
$2,500, that is or was owed to the United States by a member
or former member of a uniformed service if such indebtedness,
as determined by the Secretary, was incurred in connection with
Operation Desert Shield/Storm: Provided, That the amount of an
indebtedness previously paid by a member or former member and
cancelled under this section shall be refunded to the member.
SEC. 8072. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
SEC. 8073. During the current fiscal year, voluntary separation
incentives payable under 10 U.S.C. 1175 may be paid in such
amounts as are necessary from the assets of the Voluntary Separa-
tion Incentive Fund established by section 1175(h)(1).
(INCLUDING TRANSFER OF FUNDS)
SEC. 8074. Amounts deposited during fiscal years 1993 and
1994 to the special account established under 40 U.S.C. 485(h)(2)
and to the special account established under 10 U.S.C. 2667(d)(1)
are appropriated and shall be available until transferred by the
Secretary of Defense to current applicable appropriations or funds
of the Department of Defense under the terms and conditions
specified by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.
2667(d)(1)(B), to be merged with and to be available for the same
time period and the same purposes as the appropriation to which
transferred.
SEC. 8075. In order to maintain an electric furnace capacity
in the United States, preference for the purchase of chromite ore
and manganese ore authorized for disposal from the National
Defense Stockpile shall be given to domestic producers of high
carbon ferrochromium and high carbon ferromanganese—
(A) whose primary output during the three preceding years
has been ferrochromium or ferromanganese; and
(B) who guarantee to use the chromite and manganese
ore for domestic purposes.
SEC. 8075A. None of the funds in this or any other Act shall
be available for the preparation of studies on—
(a) the feasibility of removal and transportation of unitary
chemical weapons from the eight chemical storage sites within
the continental United States: Provided, That this prohibition
shall not apply to non-stockpile material in the United States
or to studies needed for environmental analysis required by
the National Environmental Policy Act, or for General Account-
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H. R. 3116—41
ing Office studies requested by a Member of Congress or a
Congressional Committee; and
(b) the potential future uses of the nine chemical disposal
facilities other than for the destruction of stockpile chemical
munitions and as limited by section 1412(c)(2), Public Law
99–145: Provided, That this prohibition does not apply to future
use studies for the CAMDS facility at Tooele, Utah.
SEC. 8076. During the current fiscal year, none of the funds
available to the Department of Defense may be used to procure
or acquire (1) defensive handguns or defensive handgun ammunition
unless such handguns or handgun ammunition are the M9 9mm
Department of Defense standard handgun or ammunition for such
handguns, or (2) offensive handguns and ammunition except for
the Special Operations Forces.
SEC. 8077. During the current fiscal year, appropriations avail-
able to the Department of Defense may be used to reimburse
a member of a reserve component of the Armed Forces who is
not otherwise entitled to travel and transportation allowances and
who occupies transient government housing while performing active
duty for training or inactive duty training: Provided, That such
members may be provided lodging in kind if transient government
quarters are unavailable as if the member was entitled to such
allowances under subsection (a) of section 404 of title 37, United
States Code: Provided further, That if lodging in kind is provided,
any authorized service charge or cost of such lodging may be paid
directly from funds appropriated for operation and maintenance
of the reserve component of the member concerned.
SEC. 8078. For fiscal year 1994, the total amount appropriated
to fund the Uniformed Services Treatment Facilities program, oper-
ated pursuant to section 911 of Public Law 97–99 (42 U.S.C. 248c),
is limited to $291,000,000, of which not more than $265,000,000
may be provided by the funds appropriated by this Act.
SEC. 8079. None of the funds available in this Act may be
used to support in any manner, including travel or other related
expenses, the ‘‘Tailhook Association’’: Provided, That investigations
by the Secretary of the Navy or consultation with the Tailhook
Association are not prohibited by this provision.
SEC. 8080. During the current fiscal year and thereafter, from
funds available to the Department of Defense, the Director of the
Air National Guard shall operate a Command, Control, Communica-
tions and Intelligence planning office manned by three full-time
Air Guard officers in the rank of O–6, O–5, and O–4: Provided,
That these officers shall be in addition to the strengths authorized
in section 524 of title 10, United States Code.
SEC. 8081. None of the funds appropriated in this Act or made
available to the Department of Defense and deposited into the
Pentagon Reservation Maintenance Revolving Fund may be used
for the purpose of constructing a Pentagon Maintenance Facility
or a Logistics Support Extension.
SEC. 8082. The President shall include with each budget for
a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, materials that shall identify clearly
and separately the amounts requested in the budget for appropria-
tion for that fiscal year for salaries and expenses related to adminis-
trative activities of the Department of Defense, the military
departments, and the Defense Agencies.
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