Department of Defense Appropriations Act, 1994
PL 103-139 (H.R.3116), enacted 11/11/1993

107 STAT. 1418 
PUBLIC LAW 103-139—NOV. 11, 1993 
Public Law 103-139 
103d Congress 
An Act 
Nov. 11, 1993 
[H.R. 3116] 
Department of 
Defense 
Appropriations 
Act, 1994. 
Armed Forces. 
Uniformed 
Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 1994, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, ITiat the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 1994, for military functions administered by the Department 
of Defense, and for other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permsinent duty stations, for mem-
bers of the Army on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; and 
for payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), to section 229(b) of the Social Secu-
rity Act (42 U.S.C. 429(b)), and to the Department of Defense 
Military Retirement Fund; $21,296,177,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of tne Navy on active duty (except members of the Reserve 
provided for elsewhere), midshipmen, and aviation cadets; and for 
payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), to section 229(b) of the Social Secu-
rity Act (42 U.S.C. 429(b)), and to the Department of Defense 
Military Retirement Fund; $18,330,950,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1419 
temporary duty travel between permanent duty stations, for mem-
bers of the Marine Corps on active duty (except members of the 
Reserve provided for elsewhere); and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), 
and to the Department of Defense Military Retirement Fimd; 
$5,772,317,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for mem-
bers of tne Air Force on active duty (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; 
and for payments pursuant to section 156 of Public Law 97-377, 
as amended (42 U.S.C. 402 note), to section 229(b) of the Social 
Security Act (42 U.S.C. 429(b)), and to the Department of Defense 
Military Retirement Fimd; $15,823,030,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve on active 
duty under sections 265, 3021, and 3038 of title 10, United States 
Code, or while serving on active duty under section 672(d) of title 
10, United States Code, in connection with performing duty specified 
in section 678(a) of title 10, United States (jode, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and for members of the Reserve (officers' Training 
Corps, and expenses authorized by section 2131 of title 10, United 
States Code, as authorized by law; and for pajrments to the Depart-
ment of Defense Military Retirement Fund; $2,149,147,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy Reserve on active 
duty under section 265 of title 10, United States Code, or while 
serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Reserve Officers' Training Corps, and expenses 
authorized by section 2131 of title 10, United States Code, as 
authorized by law; and for payments to the Department of Defense 
Military Retirement Fund; $1,555,800,000. 
RESERVI: PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Marine Corps Reserve 
on active duty under section 265 of title 10, United States Code, 
or while serving on active duty under section 672(d) of title 10, 
United States (Jode, in connection with performing duty specified 
in section 678(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty. 
107 STAT. 1420 
PUBLIC LAW 103-139—NOV. 11, 1993 
and for members of the Marine Corps platoon leaders class, and 
expenses authorized by section 2131 of title 10, United States 
Code, as authorized by law; and for payments to the Department 
of Defense Military Retirement Fund; $350,890,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air Force Reserve on 
active duty under sections 265, 8021, and 8038 of title 10, United 
States Code, or while serving on active duty under section 672(d) 
of title 10, United States Code, in connection with performing 
duty specified in section 678(a) of title 10, United States Code, 
or while imdergoing reserve training, or while performing drills 
or equivalent duty or other duty, and for members of the Air 
Reserve OfiKcers' Training Corps, and expenses authorized by sec-
tion 2131 of title 10, United States Code, as authorized by law; 
and for payments to the Department of Defense Military Retirement 
Fund; $781,958,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
while on duty under section 265, 3021, or 3496 of title 10 or 
section 708 of title 32, United States Code, or while serving on 
duty under section 672(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with performing duty specified 
in section 678(a) of title 10, United States Code, or while undergoing 
training, or while performing drills or equivalent duty or other 
duty, and expenses authorized by section 2131 of title 10, United 
States Code, as authorized by law; and for payments to the Depart-
ment of Defense Military Retirement Fund; $3,340,283,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Guard on 
duty under section 265, 8021, or 8496 of title 10 or section 708 
of title 32, United States Code, or while serving on duty imder 
section 672(d) of title 10 or section 502(f) of title 32, United States 
Code, in connection with performing duty specified in section 678(a) 
of title 10, United States Code, or while undergoing training, or 
while performing drills or equivalent duty or other duty, and 
expenses authorized by section 2131 of title 10, United States 
Code, as authorized by law; and for pajrments to the Department 
of Defense Military Retirement Fund; $1,223,492,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessarv for the 
operation and maintenance of the Army, as authorized by law; 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1421 
and not to exceed $14,437,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and payments may be made on 
his certificate of necessity for confidential military purposes; 
$15,802,057,000 and, in addition, $150,000,000 shall be derived 
by transfer from the National Defense Stockpile Transaction Fund: 
Provided, That $450,000 shall be made available only for the 1994 
Memorial Day Celebration and $450,000 shall be made available 
only for the 1994 Capitol Fourth Project: Provided further. That 
of the funds appropriated in this paragraph, not less than 
$6,500,000 shall be made available only for the Army Environ-
mental Policy Institute, of which $2,000,000 shall be made available 
only for a study on the effects of depleted uranium on the environ-
ment: Provided further. That of the fimds appropriated in this 
paragraph, $500,000 shall be available only for a study of the 
effects of uranium milling, including exposure to radon chemicals 
and uranium, on the health of those individuals employed in ura-
nium mills in the southwestern United States during the period 
beginning on January 1, 1947 and ending on December 31, 1971. 
OPERATION AND MAINTENANCE, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, 
as authorized by law; and not to exceed $4,667,000 can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authoritv of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential 
military purposes; $19,860,309,000 and, in addition, $150,000,000 
shall be derived by transfer from the National Defense Stockpile 
Transaction Fund: Provided, That $350,000 shall be available only 
to connect residences located in the vicinity of the Naval Air Warfare 
Center, Warminster, to the Warminster municipal water supply 
system: Provided further. That of the funds appropriated under 
this heading, not less than $56,442,500 shall be made available 
only for the Pacific Missile Range Facility, Hawaii: Provided further, 
That for costs associated with tne termination of the planned MHC 
facility in Astoria, Oregon, $2,000,000 shall be made available only 
to the State of Oregon within 60 days after enactment of this 
Act for the Marine and Environment Station at South Tongue 
Point, Oregon, and of this amount, $500,000 shall be made available 
for program development. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
by law; $1,857,699,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
and not to exceed $8,787,000 can be used for emergencies and 
107 STAT. 1422 
PUBLIC LAW 103-139—NOV. 11, 1993 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Air Force, and pajnooients may be made 
on his certificate of necessity for confidential miUtary purposes; 
$19,093,805,000 and, in addition, $200,000,000 shall be derived 
by transfer from the National Defense Stockpile Transaction Fund: 
Provided, That $15,500,000 shall be used only to operate, maintain 
and enhance the Tactical Interim CAMS and REMIS Reporting 
System (TICARRS-92): Provided further. That TICARRS-92 be 
reestablished, with direct maintenance data input, as the supporting 
system for at least one wing each of F-15, F-16, and F-117A 
aircraft by no later than May 31, 1994: Provided further, 
That 
TICARRS-92 be reestablished, with direct maintenance data input, 
as the supporting system for all F-15, F-16, and F-117A aircraft 
by no later than August 31, 1994: Provided further. That none 
of the fimds appropriated or otherwise made available under this 
Act shall be used to operate, maintain or otherwise support an 
automated maintenance management system for F-15, F-16, and 
F-117A aircraft other than TICARRS-92 after August 31, 1994: 
Proyided/ur^^r, That of the ftinds appropriated under this heading, 
not more than $9,538,000 shall be available only for a grant to 
the Women in Militery Service For America Memorial Foiindation, 
Inc., to be used solely to perform the repair, restoration, and 
preservation of the main gate structures, center plaza, and 
Homicycle of the Arlington National Cemetery, and these funds 
shall be made available solely for project costs and none of the 
funds are for remuneration oi any entity or individual associated 
with fund raising for the project: Provided further. That of the 
funds appropriated under this heading, $5,000,000 shall be made 
available only for continued environmentel restoration of the former 
Olmsted Air Force Base, Pennsylvania. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law; $9,456,801,000, of which not to exceed $25,000,000 
may be available for the CINC initiative fund account; and of 
which not to exceed $19,422,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of Defense, and payments may be made on his 
certificate of necessity for confidential militery purposes: Provided, 
Tliat of the funds appropriated in this paragraph, $10,000,000 
shall be made available for activities to support the clearing of 
landmines for humsuiiterian purposes: Provided further. That of 
the funds appropriated under this heading, $48,000,000 shall be 
made available only for aiding school districts in accordance with 
authority granted under Public Law 81-874: Provided further. That 
of the funds appropriated in this paragraph, not less than 
$50,000,000 shall be made available only for the Legacy Resource 
Management Program, of which not less than $200,000 shall be 
made available for the Legacy Resource Management Program 
10 use 2701 
fellowships: Provided further, TTiat notwithstanding the provisions 
^°^^- 
of the Federal Cooperative Grant and Agreement Act of 1977 (31 
U.S.C. 6303-6308), the Department of Defense may hereafter nego-
tiate and enter into cooperative agreements and grants with public 
and private agencies, organizations, institutions, individuals or 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1423 
other entities to implement the purposes of the Legacy Resource 
Management Program: Provided further, That of the funds appro-
priated imder this heading, $10,000,000 shall be made available 
only for the repair and maintenance of federally owned education 
facilities located on military installations: Provided further, That 
of the funds appropriated under this heading, $1,000,000 shall 
be made available only for use by the Office of the Secretary 
of Defense for the exploitation of captured Iraqi Government docu-
ments relating to the Kurds and other minorities of northern Iraq: 
Provided further. That the funds in the preceding proviso may 
be made available for personal service contracts of ^abic-language 
linguists and may be exempt from competitive bidding require-
ments: Provided further. That of the funds appropriated under 
this heading, $1,000,000 shall be made available only for the 
Defense Mapping Agency to evaluate and procure available imagery 
photographs and materials from successor states of the former 
Soviet Union: Provided further. That the Director of the Defense Reports. 
Mapping Agency shall report to the Congressional Defense Commit-
tees the availability of such imagery materials, priorities for acquisi-
tion and the process for the dissemination of such materials to 
Federal agencies. State and local authorities, academic institutions 
and the private sector not later than March 15,1994. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,075,140,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, incluaing training, organization, and 
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $763,137,000: Provided, That oper-
ational control of the Naval Reserve Personnel Center, including 
its functions and responsibilities, shall be under the command and 
control of the Commander, Naval Reserve Command. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, incluaing training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities 
and equipment; hire of passenger motor vehicles; travel and 
transportation; care of the dead; recruiting; procurement of services, 
supplies, and equipment; and communications; $83,130,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, incluaing training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
107 STAT. 1424 
PUBLIC LAW 103-139—NOV. 11, 1993 
equipment; hire of passenger motor vehicles; travel and 
tation; care of the dead; recruiting; procurement of serv 
plies, and equipment; and commimications; $1,335,354,000 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Army National Guard, including medical and hospital treatment 
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger 
motor vehicles; personnel services in the National Guard Bureau; 
travel expenses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard division, 
regimental, and battalion commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying 
and equipping the Army National Guard as authorized by law; 
and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft); $2,230,419,000: Pro-
vided, 
That 
of the ftmds 
appropriated 
in this 
paragraph, 
$10,000,000 shall be made available only for a National Guard 
Outreach Program in the Los Angeles School District: Provided 
further, 
That of the funds appropriated under this heading, 
$3,000,000 shall be made available only for the MEDRETES 
program. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For operation and maintenance of the Air National Guard, 
including medical and hospital treatment and related expenses 
in non-Federal hospitals; maintenance, operation, repair, and other 
necessary expenses of facilities for the training and administration 
of the Air National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of 
things; hire of passenger motor vehicles; supplies, materials, and 
equipment, as authorized by law for the Air National Guard; and 
expenses incident to the maintenance and use of supplies, materials, 
and equipment, including such as may be furnished from stocks 
under the control of agencies of the Department of Defense; travel 
expenses (other than mileage) on the same basis as authorized 
by law for Air National Guard personnel on active Federal duty, 
for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifi-
cally 
authorized 
by 
the 
Chief, 
National 
Guard 
Bureau; 
$2,632,298,000: Provided, That of the funds appropriated under 
this heading, $10,000,000 shall be made available only for the 
operation of Air National Guard C-130 operational support aircraft 
of the 159th Air National Guard Fighter Group, the 169th Air 
National Guard Fighter Group, and the 118th Airlift Wing. 
NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY 
For the necessary expenses and personnel services (other than 
pay and non-travel-related allowances of members of the Armed 
Forces of the United States, except for members of the reserve 
components thereof called or ordered to active duty to provide 
support for the national matches) in accordance with law, for oper-
ation and maintenance of rifle ranges; the instruction of citizens 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1425 
in marksmanship; the promotion of rifle practice; the conduct of 
the national matches; the sale of ammunition under the authority 
of title 10, United States Code, sections 4308 and 4311; the travel 
of rifle teams, military personnel, and individuals attending 
regional, national, and international competitions; and the payment 
to competitors at national matches under section 4312 of title 
10, United States Code, of subsistence and travel allowances under 
section 4313 of title 10, United States Code; not to exceed 
$2,483,000. 
COURT OF MILITARY APPEALS, DEFENSE 
For salaries and expenses necessary for the United States 
Court of Military Appeals; $5,855,000, of which not to exceed $2,500 
can be used for official representation purposes. 
ENVIRONMENTAL RESTORATION, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense; $1,962,300,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are requirea for environ-
mental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of 
Defense, or for similar purposes (including programs and operations 
at sites formerly used by the Department of Defense), transfer 
the funds made available by this appropriation to other appropria-
tions made available to the Department of Defense as the Secretary 
may designate, to be merged with and to be available for the 
same purposes and for the same time period as the appropriations 
of funds to which transferred: Provided further. That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necesssiry for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further. That of the funds provided under this heading, not less 
than $200,000,000 shall be available only for the expedited cleanup 
of environmentally contaminated sites and only in accordance with 
a comprehensive plan submitted to Congress by the Secretary of 
Defense. 
SUMMER OLYMPICS 
For logistical support and personnel services (other than pay 
and nontravel related allowances of members of the Armed Forces 
of the United States, except for members of the reserve components 
thereof called or ordered to active duty to provide support for 
the 1996 Games of the XXVI Oljnnpiad to be held in Atlanta, 
(jeorgia) provided by any component of the Department of Defense 
to the 1996 Games of the XXVI Olympiad; $2,000,000. 
WORLD CUP USA 1994 
For logistical support and personnel services (other than pay 
and nontravel related allowances of members of the Armed Forces 
of the United States, except for members of the reserve components 
thereof called or ordered to active duty to provide support for 
the World Cup USA 1994) provided by any component of the Depart-
ment of Defense to the World Cup USA 1994; $6,000,000. 
107 STAT. 1426 
PUBLIC LAW 103-139—NOV. 11, 1993 
HUMANITARIAN ASSISTANCE 
For transportation for humanitarian relief for the people of 
Afghanistan, the Kurdish population and other minorities of north-
em Iraq, and the people ot sub-Saharan Africa, acquisition and 
shipment of transportation assets to assist in the distribution of 
sucn relief, and for transportation and distribution of humanitarian 
relief supplies, and excess non-lethal property; $48,000,000, to 
remain available for obligation until September 30, 1995: Provided, 
That of the funds appropriated under this heading, $30,000,000 
shall be made available only for Kiirdish relief activities, of which 
$15,000,000 shall be made available for a 1993-1994 winterization 
relief program. 
FORMER SOVIET UNION THREAT REDUCTION 
For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facilitat-
ing the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for providing incen-
tives for demilitarization; for establishing programs to prevent the 
proliferation of weapons, weapons components, and weapons-related 
technology and expertise; for expansion of military-to-military con-
tacts; for supporting the conversion of military technologies and 
capabilities into civilian activities; and for retraining military 
personnel of the former Soviet Union; $400,000,000, to remain 
available until expended: Provided, That of the funds appropriated 
imder this heading, $10,000,000 shall be made available only for 
the continuing study, assessment, and identification of nuclear 
waste disposal by the former Soviet Union in the Arctic region: 
Provided further. That the transfer authority provided in section 
9110(a) or the Department of Defense Appropriations Act, 1993, 
shall continue to he in effect during fiscal year 1994: Provided 
further. That any transfer made under the foregoing proviso in 
this paragraph shall be subject to the limitations and the reporting 
Reports. 
requirements stipulated in section 8006 of this Act: Provided fur-
ther. That the Director of Central Intelligence shall report to the 
President and the Congressional defense, foreign affairs, and intel-
ligence committees on the current status of intercontinental ballistic 
missile development and production in states eligible for assistance 
under this heading: Provided further. That none of the funds appro-
priated under this heading may be expended or transferred to 
an otherwise eligible recipient state if the President concludes, 
and notifies the Congressional defense, foreign affairs, and intel-
ligence committees in a written report, that the potential recipient 
is currently engaged in the production of a new road mobile or 
fixed-site land based intercontinental ballistic missile armed with 
multiple nuclear re-entry vehicles. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1427 
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interest therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation of equipment, appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,320,886,000, to 
remain available for obligation until September 30,1996. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, groimd 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation of equipment, appliances, 
and 
machine tools in public and private plants; reserve plant and 
Grovemment and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,094,309,000, to 
remain available for obligation until September 30,1996. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, includ-
ing the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public 
and private plants; rese]*ve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $888,817,000, to remain available for obligation 
imtil September 30, 1996. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement 
and installation 
of equipment, appliances, 
and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $735,445,000, to 
remain available for obligation imtil September 30,1996. 
107 STAT. 1428 
PUBLIC LAW 103-139—NOV. 11, 1993 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and nontracked combat 
vehicles; the purchase of not to exceed 16 passenger motor vehicles 
for replacement only; communications and electronic equipment; 
other support equipment; spare parts, ordnance, and accessories 
therefor; specialized equipment and training devices; expansion of 
public and private plants, including the land necessary therefor, 
for the foregoing purposes, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; 
and other expenses 
necessary 
for the 
foregoing 
purposes; 
$2,892,766,000, to remain available for obligation until September 
30,1996. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, prociu-ement, production, modification, and 
modernization of aircrafi;, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion 
of public and private plants, including the land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Grovemment 
and 
contractor-owned 
equipment 
layaway; 
$5,704,220,000, to remain available for obligation until Septem-
ber 30,1996. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, other ordnance 
and ammunition, and related support equipment including spare 
parts, and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such lands and 
mterests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation 
of equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned equip-
ment layaway; $2,986,720,000, to remain available for obligation 
until September 30, 1996: Provided, That of the funds appropriated 
in this paragraph, $1,028,596,000 shall not be obligated or expended 
for procurement or advance procurement of Trident II missiles 
unless the President has certified to Congress that the other sig-
natories to the START treaty have rejected a United States proposal 
to the Joint Compliance and Inspection Commission that "detubing" 
be accepted as an option for eliminating SLBM launchers under 
START II or imtil the President has certified to Congress that 
such course of action would not be in the national interest. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1429 
and installation thereof in public and private plants; reserve plant 
and 
Grovemment 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, as follows: 
Refueling overhauls, $31,127,000; 
DDGr-51 destroyer program, $2,642,772,000; 
LHD-1 amphibious assault ship program, $893,848,000, 
and in addition, $50,000,000 for advance procurement on the 
LHD-7 amphibious assault ship; 
Mine warfare command and control ship, $124,175,000; 
Oceanographic ship program, $110,049,000; 
For craft, outfitting, post delivery, and first destination 
transportation, $343,104,000; 
In all: $4,195,075,000, to remain available for obligation until 
September 30, 1998: Provided, That additional obligations may 
be incurred after September 30, 1998, for engineering services, 
tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction: Provided further, 
That none of the funds herein provided for the construction or 
conversion of any naval vessel to be constructed in shipyards in 
the United States shall be expended in foreign facilities for the 
construction of major components of such vessel: Provided further, 
That none of the funds herein provided shall be used for the 
construction of any naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support 
eqmpment and materials not otherwise provided for. Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized 
for conversion); the purchase of not to exceed 609 passenger motor 
vehicles for replacement only; expansion of public and private 
plants, including the land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation 
of equipment, appliances, and machine tools in public and private 
plants; reserve plant and Grovemment and contractor-owned equip-
ment layaway; $2,994,231,000, to remain available for obligation 
until September 30, 1996: Provided, That notwithstanding any other 
provision of law, not less than $20,000,000 shall be obligated and 
expended only for automatic data processing investment equipment 
and peripheral equipment and related software for the Defense 
Accounting Office and Naval Computer and Telecommunications 
Station, New Orleans, the Enlisted Personnel Management Center, 
the Naval Reserve Pers<mnel Center, and the Naval Reserve Force 
Information Systems Office: Provided further. That the Department 
of Defense shall establish a central management and control site 
for local area networks at the Naval Computer and Telecommuni-
cations Station, New Orleans: Provided further. That the operations 
and functions of the Reserve Financial Management System and 
other Reserve specific automation systems shall remain colocated 
with the Commander, Naval Reserve Force. 
107 STAT. 1430 
PUBLIC LAW 103-139—NOV. 11, 1993 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, ammimition, military equip-
ment, spare parts, £uid accessories therefor; plant equipment, appli-
ances, and machine tools, and installation thereof in public and 
private plants; reserve plant and Grovemment and contractor-owned 
equipment layaway; vehicles for the Marine Corps, including the 
purchase of not to exceed 96 passenger motor vehicles for replace-
ment only; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may 
be acquired and construction prosecuted thereon prior to approval 
of title; $441,216,000, to remain available for obligation until 
September 30, 1996. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, prociu'ement, and modification of aircraft and 
equipment, including armor and armament, specialized groimd han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants, Grovemment-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to approval 
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things; $6,662,934,000, 
to remain available for obligation until September 30,1996. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants. Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
(Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things; $3,899,170,000, to remain available for 
obligation luitil September 30, 1996. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
not to exceed 2 vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles 
but not to exceed $180,000 per vehicle; the purchase of not to 
exceed 710 passenger motor vehicles of which 695 shall be for 
replacement only; and expansion of public and private plants. 
Government-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for the fore-
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1431 
going purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval 
of title; reserve plant and Government and contractor-owned equip-
ment layaway; $7,637,250,000, to remain available for obligation 
until September 30,1996. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $1,200,000,000, to remain avail-
able for obligation until September 30,1996. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; 
the purchase of not to exceed 1 vehicle required for physical security 
of personnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $180,000 per vehicle; and the 
purchase of not to exceed 438 passenger motor vehicles, of which 
420 shall be for replacement only; expansion of public and private 
plants, equipment, and installation thereof in such plants, erection 
of structures, and acquisition of land for the foregoing purposes, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; 
$1,810,039,000, to remain available for obligation until September 
30,1996. 
DEFENSE I'RODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of 
1950, as amended (50 U.S.C. App. 2061); $200,000,000, to remain 
available until expended: Provided, That none of these funds shall 
be obligated for any project unless a Presidential determination 
has been made in accordance with the Defense Production Act: 
Provided further, That the Department of Defense shall notify the Notification. 
Committees on Appropriations of the House of Representatives and 
the Senate sixty days prior to the release of funds for any project 
not previously approved by Congress. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, as 
authorized by law; $5,427,546,000, to remain available for obligation 
until September 30, 1995: Provided, That $2,000,000 shall be made 
available only for the Center for Prostate Disease Research at 
the Walter Reed Army Institute of Research: Provided 
further, 
That $5,000,000 shall he made available only for the Center of 
107 STAT. 1432 
PUBLIC LAW 103-139—NOV. 11, 1993 
Excellence in Breast Cancer Research and Training at the National 
Naval Medical Center, in Bethesda, Maryland: Provided 
further. 
That not less than $1,000,000 of the funds appropriated in this 
paragraph shall be made available only to a joint research partner-
ship involving an educational institution, not now engaged in a 
large volume of basic research, and a biomedic£d research institute, 
including a working arrangement with Canadian and German sci-
entists, tor the development and testing of a new insulin derivative 
for the treatment of diabetes and hypoglycemia in the dependents 
of active duty military members: Provided further. That $850,000 
of the funds appropriated in this paragraph shall be available 
for a lyrae disease program. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, as 
authorized by law; $8,365,786,000, to remain available for obligation 
until September 30, 1995: Provided, That for continued research 
and development programs at the National Center for Physical 
Acoustics, centering on ocean acoustics as it applies to advanced 
antisubmarine warfare acoustics issues with focus on ocean bottom 
acoustics, seismic coupling, sea-surface and bottom scattering, oce-
anic ambient noise, underwater sound propagation, bubble related 
ambient noise, acoustically active siufaces, machinery noise, propa-
gation physics, solid state acoustics, electrorheological fluids, trans-
ducer development, ultrasonic sensors, and other such projects as 
may be agreed upon, $1,000,000 shall be made available, as a 
grant, to the Mississippi Resoiu-ce Development Corporation, of 
which not to exceed $250,000 of such sum may be used to provide 
such special equipment as may be required for particular projects: 
Provided further, That none of the funds appropriated in this para-
graph may be obligated or expended to develop or purchase equip-
ment for an Aegis destroyer variant (commonly known as "Flight 
IIA") whose initial operating capability is budgeted to be achieved 
prior to the initial operating capability of the Ship Self-Defense 
program, nor to develop sensor, processor, or display capabilities 
which duplicate in any way those being developed in the Ship 
Self-Defense program: Provided further, That funds appropriated 
in this para^apn for Aegis Combat System Engineering tactical 
display simplification may be obligated only to develop equipment 
on an interim basis which is planned to be installed in Aegis 
ships prior to the date that the first production unit of the Advanced 
Display System is planned to be accepted by the Grovemment: 
Provided further. That funds appropriated in this paragraph for 
Aegis Combat System Engineering tactical display simplification 
may not be obligated on contracts which include production options 
for ship installations planned beyond the date that the first produc-
tion imit of the Advanced Display System is planned to be accepted 
by the Grovemment: Provided further. That funds appropriated in 
this paragraph for development of E-2C aircraft upgrades may 
not be obligated imtil the Under Secretary of Defense for Acquisition 
submits a plan to the Committees on Appropriations and Armed 
Services of each House of Congress for development and deplojntnent 
of a fully participating cooperative engagement capability on 
E-2 aircraft to be fielded concurrent with and no later than major 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1433 
computer upgrades for the aircraft: Provided further, That funds 
appropriated in this paragraph for development of the L-X ship 
may not be obligated imless the baseline design of the ship includes 
cooperative engagement capability and sufficient own-ship self-
defense capability against advanced sea-skimming antiship cruise 
missiles in the baseline design to achieve an estimated probability 
of survival from attack by such missiles at a level no less than 
any other Navy ship. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, as 
authorized by law; $12,314,362,000, to remain available for obliga-
tion until September 30, 1995: Provided, 
That not less than 
$21,000,000 of the funds appropriated in this paragraph shall be 
made available only for the Joint Seismic Program and Global 
Seismic Network administrated by the Incorporated Research 
Institutions for Seismology: Provided further, That not less than 
$40,000,000 of the funds appropriated in this paragraph shall be 
made available only for the National Center for Manufacturing 
Sciences (NCMS): Provided further. That of the funds appropriated 
in this paragraph, not less than $15,000,000 of the funds in the 
Advanced Weapons program element shall be made available only 
to continue the establishment and operation of an image information 
processing center supposing the Air Force Maui Space Surveillance 
Site (MSSS). 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test and evaluation; 
advanced research projects as may be designated and determined 
by the Secretary of Defense, pursuant to law; maintenance, 
rehabilitation, lease, and operation of facilities and equipment, as 
authorized by law; $8,838,690,000, to remain available for obligation 
until September 30, 1995: Provided, That not less than $97,000,000 
of the funds appropriated in this paragraph are available only 
for the Extended Range Interceptor (ERINT) missile: Provided fur-
ther, That not less than $55,000,000 of the funds appropriated 
in this paragraph are available only for the Patriot Multimode 
Missile: Provided further. That not less than $56,424,000 of the 
funds appropriated in this paragraph are available only for the 
Arrow Continuation Experiments (ACES): Provided further. That 
the Ballistic Missile Defense Organization (BMDO) shall continue 
its current strategy of flight testing, ground testing, simulations, 
and other Government analyses of the Patriot Multimode Missile 
and the Extended Range Interceptor for selection of the best 
technology in terms of cost, schedule, risk, and performance to 
meet PAC-3 missile requirements for theater missile defense and 
that the Director, BMDO, will determine when there is adequate 
information to proceed to selection for engineering and manufactur-
ing development: Provided further. That the Secretary of Defense 
Certification. 
and the Secretary of Energy shall jointly certify to interested 
Committees of Congress that activities conducted by the Depart-
ment of Defense and the Department of Energy in the areas of 
69-194 O - 94 - 16 : QL. 3 Part 2 
107 STAT. 1434 
PUBLIC LAW 103-139—NOV. 11, 1993 
research, development, demonstration, or commercialization of elec-
tric vehicles and the related infrastructure; fuel cell research; and 
natural gas research are coordinated: Provided further, Tliat of 
the funds 
appropriated 
under this heading, not less 
than 
$43,000,000 sh£ill be made available only for the Computer-aided 
Acquisition and Logistics Support (CALS) Shared Resource Center 
(CSRC) program, which shall be managed only by the Advanced 
Research Injects Agency (ARPA) and of that amount, not less 
than $23,000,000 shall be made available only for the continued 
operation of the original CSRC by the current nonprofit institution 
or its successor in interest, as the Department's tri-service CALS 
standards and technologies development, deployment, training, and 
education hub for the CSRC program; the continued operation of 
the CSRC Regional Satellite (CRS); and the establishment and 
continued operation of additional CRSs to be operated by edu-
cational or other nonprofit institutions: Provided pxrther, That the 
remaining $20,000,000 shall be made available only for the contin-
ued operation of the six original CRSs: Provided further, 
That 
nothing shall prohibit use of the CSRC or CRSs by industry, associa-
tions, other Department of Defense services and agencies, and other 
government agencies for efforts to be separately negotiated and 
funded: Provided further, That $2,300,000 of the funds appropriated 
in this paragrapn shall be made available only for cell adhesion 
molecule research: Provided further. That of the funds appropriated 
in this paragraph, not less than $5,000,000 of the funds in the 
High Performance Computing Modernization program element shall 
be made available only to upgrade the supercomputing capability 
and capacity of the Maui High Performance Computing Center. 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activi-
ties of the Director, Test and Evaluation in the direction and 
( 
supervision 
of developmental test and evaluation, 
including 
performance and joint developmental testing and evaluation; and 
administrative expenses in connection therewith; $232,457,000, to 
remain available for obligation until September 30,1995. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which 
is conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses 
in connection therewith; $12,650,000, to remain available for obliga-
tion until September 30, 1995. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE BUSINESS OPERATIONS FUND 
For the Defense Business Operations Fund; $1,102,295,000: 
Provided, That none of the funds available in the Defense Business 
Operations Fund shall be used for any hardware procurement. 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1435 
new development, or expansion of the Defense Business Manage-
ment System beyond that required to support fiduciary, manage-
ment information and other requirements estabUshed by law or 
directive and support existing customers consistent with the provi-
sions of the DBOF Improvement Report. 
NATIONAL DEFENSE SEALIFT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For National Defense Sealift Fund programs, projects, and 
activities, $1,540,800,000, to remain available until expended: Pro-
vided, That up to $50,000,000 shall be available for transfer to 
the Secretary of Transportation: Provided further, That none of 
the funds provided in this paragraph shall be used to award a 
new contract that provides for the acquisition of any of the following 
major components unless such components are manufactured in 
the United States: auxiliary equipment, including pumps, for all 
shipboard services; propulsion system components (that is; engines, 
reduction gears, and propellers); shipboard cranes; and spreaders 
for shipboard cranes: Provided further, That the exercise of an 
option in a contract awarded throtigh the obligation of previously 
appropriated funds shall not be considered to be the award of 
a new contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and 
the Senate, that adequate domestic supplies are not available to 
meet Department of Defense requirements on a timely basis and 
that such an acquisition must be made in order to acquire capability 
for national security purposes. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by 
law; $9,626,072,000, of which $9,352,435,000 shall be for Operation 
and maintenance, of which $273,637,000, to remain available for 
obligation until September 30, 1996, shall be for Procurement: 
Provided, That the Department shall competitively contract during Contracts. 
fiscal year 1994 for mail service pharmacy for at least two multi- Pharmacy. _ 
stete regions in addition to the ongoing solicitations for Florida, 
°^ ^ service. 
South Carolina, Greorgia, Delaware, New Jersey, Pennsylvania, and 
Hawaii, as well as each base closure area not supported by an 
at-risk managed care plan; that such services shall be procured 
independent of any other Department managed care contracts; that 
one multi-state region shall include the State of Kentucky and 
that one multi-stete region shall include the Stete of New Mexico: 
Provided further. That of the funds appropriated in this Act, such 
funds as necessary shall be used for the continuation of the coopera-
tive program model being esteblished at Madigan Medical Center 
for severely behavior disordered students: Provided further. That 
of the funds appropriated under this heading, not less than 
$1,410,000 shall be made available only for annual incentive pay 
107 STAT. 1436 
PUBLIC LAW 103-139—NOV. 11, 1993 
bonuses for certified nurse anesthetists: Provided further, That 
of the iiinds appropriated under this heading, not less than 
$3,000,000 shall be made available only for nursing research 
programs. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 
1521), and for the destruction of other chemical warfare materials 
that are not in the chemical weapon stockpile, $389,947,000, of 
which $291,261,000 shall be for Operation and maintenance, 
$67,986,000, shall be for Procurement to remain available until 
September 30, 1996, and $30,700,000, shall be for Research, 
development, test and evaluation to remain available until Septem-
ber 30,1995. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United 
States Code; for Operation and maintenance; for Procurement; and 
for Research, development, test and evaluation; $868,200,000: Pro-
vided, That the funds appropriated by this paragraph shall be 
available for obligation for the same time period and for the same 
purpose as the appropriation to which transferred: Provided further. 
That the transfer authority provided in this paragraph is in addition 
to any transfer authority contained elsewhere in this Act: Provided 
further. That of the funds appropriated in this paragraph, not 
less than $3,200,000 shall be available only for the Gulf States 
Counter-Narcotics Initiative. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act 
of 1978, as amended; $137,601,000, of which $136,801,000 shall 
be for Operation and maintenance, of which not to exceed $400,000 
is available for emergencies and extraordinary expenses to be 
expended on the approval or authority of the Inspector Greneral, 
and payments may be made on his certificate of necessity for 
confidential military purposes; and of which $800,000, to remain 
available until September 30,1996, shall be for Procurement. 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1437 
TITLE VII 
RELATED AGENCIES 
NATIONAL FOREIGN INTELLIGENCE PROGRAM 
CENTRAL INTELUGENCE AGENCY RETIREMENT AND DISABILTTY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $182,300,000. 
NATIONAL SECURITY EDUCATION TRUST FUND 
For the purposes of title VIII of Public Law 102-183, 
$10,000,000 to be derived from the National Security Education 
Trust Fund, to remain available until expended. 
COMMUNITY MANAGEMENT STAFF 
For necessary expenses of the Commimity Management Staff; 
$151,288,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress. 
SEC. 8002. During the current fiscal year, provisions of law 10 use 1584 
prohibiting the payment of compensation to, or employment of, "
°
*
® 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary Government 
increases granted to direct and indirect hire foreign national employees. 
employees of the Department of Defense funded by this Act shall 
^^' 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State imder the Foreign Service Act of 1980: 
Provided further. That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, imless expressly so provided herein. 
SEC. 8004. No more than 20 per centum of the appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last two months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer 
107 STAT. 1438 
PUBLIC LAW 103-139—NOV. 11, 1993 
10 u s e 2241 
note. 
Notification. 
Germany. 
Coal. 
camp training of the Reserve Officers' Training Corps, or the 
National Board for the Promotion of Rifle Practice, Army. 
SEC. 8005. Section 9005 of the Department of Defense Appro-
priations Act, 1993 (Public Law 102-396) is amended by striking 
out "contained in this Act" and inserting "or any other funds avail-
able to the Department of Defense" in lieu thereof. 
SEC. 8005A. Title IV of the Department of Defense Appropria-
tions Act, 1993 (Public Law 102-396; 106 Stat. 1890) is amended 
in the 9th proviso under the heading "Research, Development, 
Test and Evaluation, Army" by striking "six months" and inserting 
"18 months". 
(TRANSFER OF FUNDS) 
SEC. 8006. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $2,500,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction) 
between such appropriations or funds or any subdivision thereof, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such autnority to transfer may 
not be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
has been denied by Congress: Provided further, That the Secretary 
of Defense shall notify the Congress promptly of all transfers made 
pursuant to this authority or any other authority in this Act. 
(TRANSFER OF FUNDS) 
SEC. 8007. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds and the "Foreign 
Currency Fluctuations, Defense" and "Operation and Maintenance" 
appropriation accounts in such amoimts as may be determined 
by the Secretary of Defense, with the approval of the Office of 
Management and Budget, except that such transfers may not be 
made unless the Secretanr of Defense has notified the Congress 
of the proposed transfer. Except in amoimts equal to the amoimts 
appropriated to working capital funds in this Act, no obligations 
may be made against a working capital fund to procure or increase 
the value of war reserve material inventory, unless the Secretary 
of Defense has notified the Congress prior to any such obligation. 
SEC. 8008. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination 
under section 2690 of title 10, United Stetes Code, may implement 
cost-effective agreements for required heating facility modernization 
in the Kaiserslautem Military Community in the Federal Republic 
of Grtermany: Provided, That in the City of Kaiserslautem such 
agreements will include the use of United States anthracite as 
the base load energv for municipal district heat to the United 
Stetes Defense instellations: Provided further. That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, furnished 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1439 
heat may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United States 
coal as an energy source. 
SEC. 8009. Fimds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in session in advance to the Committees on 
Appropriations and Armed Services of the Senate and House of 
Representatives. 
SEC. 8010. None of the funds contained in this Act available 
for the Civilian Health and Medical Program of the Uniformed 
Services shall be available for payments to physicians and other 
authorized individual health care providers in excess of the amoimts 
allowed in fiscal year 1993 for similar services, except that: (a) 
for services for which the Secretary of Defense determines an 
increase is justified by economic circumstances, the allowable 
amounts may be increased in accordance with appropriate economic 
index data similar to that used pursuant to title XVIII of the 
Social Security Act; and (b) for services the Secretary determines 
are overpriced based on allowable payments under title XVIII of 
the Social Security Act, the allowable amoimts shall be reduced 
by not more than 15 percent (except that the reduction may be 
waived if the Secretarj-^ determines that it would impair adequate 
access to health care services for beneficiaries). The Secretary shall Regulations. 
solicit public comment prior to promulgating regulations to imple-
ment this section. Such regulations shall include a limitation, simi-
lar to that used under title XVIII of the Social Security Act, on 
the extent to which a provider may bill a beneficiary an actual 
charge in excess of the allowable amount. 
SEC. 8011. None of the funds provided in this Act shall be Contracts. 
available to initiate (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one 
year of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000, or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quan-
tity procurement in excess of $20,000,000 in any one year, unless 
the Committees on Appropriations and Armed Services of the Sen-
ate and House of Representatives have been notified at least thirty 
days in advance of the proposed contract award: Provided, That 
no part of any appropriation contained in this Act shall be available 
to initiate a multiyear contract for which the economic order quan-
tity advance procurement is not funded at least to the limits of 
the Government's liability: Provided further, That no part of any 
appropriation contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or component 
thereof if the value of the multiyear contract would exceed 
$500,000,000 unless specifically provided in this Act: Provided fur-
ther. That no multiyear procurement contract can be terminated 
without 10-day prior notification to the Committees on Appropria-
tions and Armed Services of the House of Representatives and 
the Senate: Provided further. That the execution of multiyear 
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement. 
SEC. 8012. Within the funds appropriated for the operation lo USC 401 note. 
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code, 
for humanitarian and civic assistance costs under chapter 20 of 
title 10, United States Code. Such fiinds may also be obligated 
107 STAT. 1440 
PUBLIC LAW 103-139—NOV. 11, 1993 
for humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of 
chapter 20 of title 10, United States Code, and these obligations 
V 
shall be reported to Congress on September 30 of each year: Pro-
vided, That funds available for operation and maintenance shall 
be available for providing humanitarian and similar assistance 
by using Civic Action Teams in the Trust Territories of the Pacific 
Islands and freely associated states of Micronesia, pursuant to 
the Compact of Free Association as authorized by Public Law 
99-239: Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for graduate 
medical education programs conducted at Army medical facilities 
located in Hawaii, the Secretary of the Army mav authorize the 
provision of medical services at such facilities and transportation 
to such facilities, on a nonreimbursable basis, for civilian patients 
from American Samoa, the Commonwealth of the Northern Mariana 
Islands, the Marshall Islands, the Federated States of Micronesia, 
Palau, and Guam. 
Indians. 
SEC. 8013. Notwithstanding any other provision of law, govern-
Real property. 
ments of Indian tribes shall be treated as State and local govern-
ments for the purposes of disposition of real property recommended 
for closure in the report of the Defense Secretary's Commission 
on Base Realignments and Closures, December 1988, the report 
to the President from the Defense Base Closure and Realignment 
Commission, July 1991, and Public Law 100-526. 
SEC. 8014. (a) The provisions of section 115(aX4) of title 10, 
United States Code, shall not apply with respect to fiscal year 
1994 or with respect to the appropriation of funds for that year. 
(b) During fiscal year 1994, the civilian personnel of the Depart-
ment of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal 
year shall not be subject to any constraint or limitation (known 
as an end-strength) on the number of such personnel who may 
be employed on the last day of such fiscal year. 
(c) The fiscal year 1995 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1995 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard 
to fiscal year 1995. 
SEC. 8014A. Notwithstanding any other provision of law, none 
of the funds made available by this Act shall be used by the 
Department of Defense to exceed, outside the fifty United States, 
its territories, and the District of Columbia, 131,250 civilian 
Labor and 
workyears: Provided, That workyears shall be applied as defined 
employment. 
j ^ ^hg Federal Personnel Manual: Provided further. That workyears 
expended in dependent student hiring programs for disadvantaged 
youths shall not be included in this workyear limitation. 
SEC. 8015. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8016. None of the funds appropriated by this Act shall 
be obligated for the pay of any individual who is initially employed 
after the date of enactment of this Act as a technician m the 
administration and training of the Army Reserve and the mainte-
nance and repair of supplies issued to the Army Reserve unless 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1441 
such individual is also a military member of the Army Reserve 
troop program unit that he or she is employed to support. Those 
technicians employed by the Army Reserve in areas other than 
^jrmy Reserve troop program units need only be members of the 
Selected Reserve. 
SEC. 8017. None of the fimds available to the Department 
of Defense may be used for the floating storage of petroleum or 
getroleum products except in vessels of or belonging to the United 
tates. 
SEC. 8018. Notwithstanding any other provision of law, the 
Secretaries of the Army and Air Force m ^ authorize the retention 
in an active stetus until age sixty of any officer who would otherwise 
be removed from an active status and who is employed as a National 
Guard or Reserve technician in a position in which active stetus 
in a reserve component of the Army or Air Force is required as 
a condition of that emplo^mient. 
SEC. 8019. Notwithstanding any other provision of law, proceeds 
from the investment of the Fisher House Investment Trust Fimd 
will be used to support the operation and maintenance of Fisher 
Houses associated with Army medical treatment facilities. 
SEC. 8020. (a) None of the fimds appropriated by this Act 
shall be used to make contributions to the Department of Defense 
Education Benefits Fund pursuant to section 2006(g) of title 10, 
United States Code, representing the normal cost for future beneflte 
under section 1415(c) of title 38, United Stetes Code, for any mem-
ber of the armed services who, on or after the date of enactment 
of this Act— 
(1) enlists in the armed services for a period of active 
duty of less than three years; or 
(2) receives an enlistment bonus under section 308a or 
308f of title 37, United Stetes Code, 
nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the 
Treasury to the Secretory of Veterans Affairs pursuant to section 
2006(d) of title 10, United Stetes Code; nor shall the Secretory 
of Veterans Affairs pay such benefits to any such member: Provided, 
That, in the case of a member covered by clause (1), these limite-
tions shall not apply to members in combat arms skills or to 
members who enlist in the armed services on or after July 1, 
1989, under a program continued or estoblished by the Secretory 
of Defense in fiscal year 1991 to test the cost-effective use of 
special recruiting incentives involving not more than nineteen 
noncombat arms skills approved in advance by the Secretory of 
Defense: Provided further, That this subsection applies only to 
active components of the Army. 
(b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving beneflte paid 
by the Secretory of Veterans Affairs from the Department of Defense 
Education Benefits Fund when time spent as a full-time student 
is credited toward completion of a service commitment: Provided, 
That this subsection shall not apply to those members who have 
reenlisted with this option prior to October 1, 1987: Provided fur-
ther. That this subsection applies only to active components of 
the Army. 
SEC. 8021. Fimds appropriated in this Act shall be available 
for the payment of not more than 75 percent of the charges of 
107 STAT. 1442 
PUBLIC LAW 103-139—NOV. 11, 1993 
a postsecondary educational institution for the tuition or expenses 
of an officer in the Ready Reserve of the Army National Guard 
or Army Reserve for education or training during his off-duty peri-
ods, except that no part of the chcirges may l^ paid unless the 
officer agrees to remain a member of the Ready Reserve for at 
least four years after completion of such training or education. 
SEC. 8022. None of the funds appropriated by this Act shall 
be available to convert to contractor performance an activity or 
function of the Department of Defense that, on or after the date 
of enactment of this Act, is performed by more than ten Department 
of Defense civilian employees until a most efficient and cost-effective 
organization analysis is completed on such activity or function 
and certification of the analysis is made to the Committees on 
Appropriations of the House of Representatives and the Senate: 
Blind persons. 
Provided, That this section shall not apply to a commercial or 
dTsabiSs^ 
industrial type function of the Department of Defense that: (1) 
is included on the procurement list established pursuant to section 
2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred 
to as the Javits-Wagner-O'Day Act; (2) is planned to be converted 
to performance by a qualified nonprofit agency for the blind or 
by a qualified nonprofit agency for other severely handicapped 
individuals in accordance with that Act; or (3) is planned to be 
converted to performance by a qualified firm under 51 percent 
Native American ownership. 
SEC. 8023. None of the fimds made available by this Act may 
be obligated for the acquisition of major automated information 
systems which have not successfully completed oversight reviews 
required by Department of Defense regulations: Provided, 
That 
the automated information systems oversight review board will 
be independent of any other Department review function and 
chaired by the Assistant Secretary of Defense for Command, Con-
trol, Communications and Intelligence: Provided further. 
That 
except for those programs to modernize and develop migration 
and standard automated information systems that have been cer-
tified by the Department's senior information resource management 
(IRM) official as being fully compliant with the Department's 
information management initiative as defined in Defense Depart-
ment Directive 8000.1, no funds mav be expended for modernization 
or development of any automated information system (AIS) by 
the military departments, services, defense agencies, Joint Steff 
or Militery Commands in excess of $2,000,000 unless the senior 
official of the Office of the Secretary of Defense with primary 
responsibility for the functions being supported or to be supported 
certifies to the Assistent Secretery of Defense for Command, Con-
trol, 
Communications 
and 
Intelligence 
that 
the 
functional 
requirements) is valid and that the system modernization or devel-
opment has no unnecessan^ duplication of other available or planned 
MSs: Provided further. That the Department shall develop the 
capability for open systems integration of commercial-off-the-shelf 
(COTS) applications within the Composite Health Care System 
(CHCS): Provided further. That the Department shall limit deploy-
ment of the Defense Blood Stendard System (DBSS) to existing 
donor and processing centers, the ten F*nmary Casualty Receiving 
Hospitels (PCRHs), and two OCONUS militery hospitels, with 
transfusion services only, and shall procure, install, and integrate 
\ 
by April 1, 1994, at two or more CHCS sites an open system 
compliant C!OTS hospitel-based blood bank/transfusion application, 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1443 
with security access by application function and developed in the 
same application language as CHCS: Provided further, That the 
Department shall procure and install at all CHCS alpha and beta 
sites by September 1, 1994, an open system integrated anatomic 
pathology COTS application with security access by application 
mnction and developed with the same software appUcation language 
as CHCS: Provided further, That notwithstanding any other provi-
sion of law, the one time investment cost, including the procurement 
or lease of new or reutilized automatic data processing investment 
equipment, peripheral equipment and related software, for the July 
16, 1993 DOD Data Center Consolidation Plan shall not exceed 
$309,000,000. 
SEC. 8024. Notwithstanding any other provision of law, the 
Secretary of the Navy may use funds appropriated to charter ships 
to be used as auxiliary minesweepers providing that the owner 
agrees that these ships may be activated as Navy Reserve ships 
with Navy Reserve crews used in training exercises conducted in 
accordance with law and policies governing Naval Reserve forces: 
Provided, That none of the funds appropriated or made available 
in this Act may be used to inactivate, disestablish, or discontinue 
the Navy's Craft of Opportunity Program. 
SEC. 8025. Notwithstanding any other provision of law, to estab-
lish region-wide, at-risk, fixed price managed care contracts possess-
ing features similar to those of the CHAMPUS Reform Initiative, 
the Secretary of Defense shall submit to the Congress a plan to 
implement a nation-wide managed health care program for the 
military health services system not later than December 31, 1993: 
Provided, That the program shall include, but not be limited to: 
(1) a uniform, stabilized benefit structure characterized by a triple 
option health benefit feature; (2) a regionally-based health care 
management system; (3) cost minimization incentives including 
"gatekeeping^ and annual enrollment procedures, capitation budget-
ing, and at-risk managed care support contracts; and (4) full and 
open competition for all managed care support contracts: Provided 
further, Tnat the implementation of the nation-wide managed care 
military health services system shall be completed by September 
30, 1996: Provided further. That the Department shall competitively 
award contracts in fiscal year 1994 for at least four new region-
wide, at-risk, fixed price managed care support contracts consistent 
with the nation-wide plan, that one such contract shall include 
the State of Florida (which may include Department of Veterans 
Affairs' medical facilities with the concurrence of the Secretary 
of Veterans Affairs), one such contract shall include the States 
of Washington and Oregon, and one such contract shall include 
the State of Texas: Provided further. That any law or regulation 
of a State or local government relating to health insurance, prepaid 
health plans, or other health care delivery, administration, and 
financing methods shall be preempted and shall not apply to any 
region-wide, at-risk, fixed price managed care contract entered into 
pursuant to chapter 55 of title 10, United States Code: Provided 
further. That the Department shall competitively award within 
13 months after the date of enactment of this Act two contracts 
for stand-alone, at-risk managed mental health services in high 
utilization, high-cost areas, consistent with the management and 
service delivery features in operation in Department of Defense 
managed mental health care contracts: Provided further. That the 
Assistant Secretary of Defense for Health Affairs shall, during 
10 u s e 1073 
note. 
Health care. 
Contracts. 
State listing. 
Contracts. 
Health care. 
107 STAT. 1444 
PUBLIC LAW 103-139—NOV. 11, 1993 
the current fiscal year, initiate through competitive procedures 
a managed health care program for eligible beneficiaries in the 
area of Homestead Air Force Base with benefits and services 
substcuitially identical to those established to serve beneficiary 
populations in areas where military medical facilities have been 
terminated, to include retail pharmacy networks available to Medi-
care-eligible beneficiaries, and shall present a plan to implement 
this program to the House and Senate Committees on Appropria-
tions not later than January 15,1994. 
SEC. 8026. Fimds appropriated or made available in this Act 
shall be obligated and expended to continue to fully utilize the 
facilities at the United States Army Engineer's Waterways Experi-
ment Station, including the continued availability of the 
supercomputer capability: Provided, That none of the funds in this 
Act may be used to purchase any supercomputer which is not 
manufactured in the United States, imless the Secretary of Defense 
certifies to the Armed Services and Appropriations Committees 
of Congress that such an acquisition must be made in order to 
acquire capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8027. For the purposes of the Balanced Budget and Emer-
f
ency Deficit Control Act of 1985 (Public Law 99-177) as amended 
y the Balanced Budget and Emergency Deficit Control Reaffirma-
tion Act of 1987 (Public Law 100-119) and by the Budget Enforce-
ment Act of 1990 (Public Law 101-508), the term program, prmect, 
and activity for appropriations contained in this Act shall be defined 
as the most specific level of budget items identified in the Depart-
ment of Defense Appropriations Act, 1994, the accompanjring House 
and Senate Committee reports, the conference report and accom-
panying 
joint explanatory statement of the managers of the Commit-
tee of Conference, the related classified annexes and reports, and 
the P-1 and R-1 budget justification documents as suosequently 
modified by Congressional action: Provided, That the following 
exception to the above definition shall apply: 
For the Military Personnel and the Operation and Maintenance 
accoimts, the term "program, project, and activity" is defined as 
the appropriations accounts contained in the Department of Defense 
Federal budget. Appropriations Act: Provided further, That at the time the President 
submits his budget for fiscal year 1995, the Department of Defense 
shall transmit to the Committees on Appropriations and the 
Committees on Armed Services of the Senate and the House of 
Representatives a budget justification document to be known as 
the "0-1" which shall identify, at the budget activity, activity 
group, and subactivity group level, the amounts requested by the 
President to be appropriated to the Department of Defense for 
operation and maintenance in any budget request, or amended 
budget request, for fiscal year 1995. 
SEC. 8028. Of the funds appropriated to the Army, $217,600,000 
shall be available only for the Reserve Component Automation 
System (RCAS): Provided, That none of these funds can be 
expended— 
(1) except as approved by the Chief of the National Guard 
Bureau; 
(2) unless RCAS resource management functions are per-
formed by the National Guard Bureau; 
(3) to pay the salarv of an RCAS program manager who 
has not been selected and approved by the Chief of the National 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1445 
Guard Bureau and chartered by the Chief of the National 
Guard Bureau and the Secretary of the Army; 
(4) unless the Program Manager (PM) charter makes the 
PM accountable to the Chief of me National Guard Bureau. 
and fully defines his authority, responsibility, reporting chan-
nels and organizational structure; 
(5) to pay the salaries of individiials assigned to the RCAS 
program management office unless such organization is com-
prised of personnel chosen jointly by the Chiefs of the National 
Guard Bureau and the Army Reserve; 
(6) to pay contracted costs for the acquisition of RCAS 
imless RCAS is an integrated system consisting of software, 
hardware, and communications equipment and unless such con-
tract continues to preclude the use of Grovemment furnished 
equipment, operating systems, and executive applications soft-
ware; and 
(7) unless RCAS performs its own classified information 
processing: 
Provided further, That notwithstanding any other provision of law, 
none of the fimds appropriated shall be available for procurement 
of computers for the i\rmy Reserve Component which are used 
to network or expand the capabilities of existing or futiire informa-
tion systems or auplicate fiinctions to be provided under the RCAS 
contract unless the procurement meets the following criteria: (A) 
at sites scheduled to receive RCAS equipment prior to September 
30, 1995, RCAS ADP equipment may oe procured and only in 
the numbers and types allocated by the RCAS program to each 
site; and at sites scheduled to receive RCAS equipment after 
September 30, 1995, RCAS ADP equipment or ADP eauipment 
from a list of RCAS compatible equipment approved by the Chief 
of the National Guard Bureau or his designee, m ^ be procured 
and only in the nimibers and types allocated by the RCAS program 
to each site; (B) the requesting organizational element has insuffi-
cient ADP equipment to perform administrative functions but not 
to exceed the number of work stations determined by the RCAS 
program for that site; (C) replacement equipment will not exceed 
the minimum required to maintain the reliability of existing 
capabilities; (D) replacement will be justified on the basis of cost 
and feasibility of repairs and maintenance of present ADP equip-
ment as compared to the cost of replacement; and (E) the procure-
ment under this policy must be approved by the Chiei of the 
National Guard Bureau or his designee, provided that the procure-
ment is a one for one replacement action of existing equipment. 
SEC. 8028A. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended for development 
or procurement of any automated Computer Aided Logistics system 
imless specific approval for such system is provided in writing 
to the Committees on Appropriations and Armed Services of the 
House and Senate by the I^ncipal Deputy Under Secretary of 
Defense, Acquisition at least 30 days prior to any contract 
solicitation. 
SEC. 8029. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments 
and agencies) of welded shipboard anchor and mooring chain 4 
inches in diameter and under unless the anchor and mooring chain 
are manufactured in the United States from components which 
are substantially manufactured in the United States: Provided, 
107 STAT. 1446 
PUBLIC LAW 103-139—NOV. 11, 1993 
That for the purpose of this section manufactured will include 
cutting, heat treating, quality control, testing of chain and welding 
(including the forging and shot blasting process): Provided 
further, 
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost 
of the components produced or manufactured in the United States 
exceeds the aggregate cost of the comp»onents produced or manufac-
tured outside tne United States: Provided further. That when ade-
Suate domestic supplies are not available to meet Department of 
defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
SEC. 8029A. Notwithstanding any other provision of law, none 
of the funds appropriated in this Act may be used to purchase, 
install, replace, or otherwise repair any lock on a safe or security 
container which protects information critical to national security 
or any other classified materials and which has not been certified 
as passing the security lock specifications contained in regulation 
FF-L-2740 dated October 12, 1989, and has not passed all testing 
criteria and procedures established through February 28, 1992: 
Provided, That the Director of Central Intelligence may waive this 
provision, on a case-by-case basis only, upon certification that the 
above cited locks are not adequate for the protection of sensitive 
intelligence information. 
(TRANSFER OF FUNDS) 
SEC. 8030. Notwithstanding any other provision of law, the 
Department of Defense may transfer prior year, unobligated bal-
ances and funds appropriated in this Act to the operation and 
maintenance appropriations for the purpose of providing military 
technician and Department of Defense medical personnel pay and 
medical programs (including CHAMPUS) the same exenmtion from 
sequestration set forth in the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177) as amended by 
the Balanced Budget and Emergency Deficit Control Reaffirmation 
Act of 1987 (Public Law 100-119) and by the Budget Enforcement 
Act of 1990 (Public Law 101-508) as that granted the other military 
personnel accounts: Provided, That any transfer made pursuant 
to any use of the authority provided by this provision shall be 
limited so that the amounts reprogrammed to the operation and 
maintenance appropriations do not exceed the amounts sequestered 
under the Balanced Budget and Emergency Deficit Control Act 
of 1985 (Public Law 99-177) as amended by the Balanced Budget 
and Emergency Deficit Control Reaffirmation Act of 1987 (Public 
Law 100-119) and by the Budget Enforcement Act of 1990 (PubUc 
Law 101-508): Provided further. That the authority to make trans-
fers pursuant to this section is in addition to the authority to 
make transfers under other provisions of this Act: Provided further. 
That the Secretary of Defense may proceed with such transfer 
after notifying the Appropriations Committees of the House of Rep-
resentatives and the Senate twenty calendar days in session before 
any such transfer of funds under this provision. 
SEC. 8030A. None of the funds available to the Department 
of the Navy may be used to enter into any contract for the overhaul. 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1447 
repair, or maintenance of any naval vessel homeported on the 
West Coast of the United States which includes charges for interport 
differential as an evaluation factor for award. 
SEC. 8031. None of the funds appropriated by this Act available 
for the Civilian Health and Medical Program of the Uniformed 
Services (CHAMPUS) shall be available for the reimbursement 
of any health care provider for inpatient mental health service 
for care received when a patient is referred to a provider of inpatient 
mental health care or residential treatment care by a medical 
or health care professional having an economic interest in the 
facility to which the patient is referred: Provided, That this limita-
tion does not apply in the case of inpatient mental health services 
provided under the program for the handicapped under subsection 
(d) of section 1079 of title 10, United States Code, provided as 
E
artial hospital care, or provided pursuant to a waiver authorized 
y the Secretary of Defense because of medical or psychological 
circumstances of the patient that are confirmed by a health profes-
sional who is not a Federal employee after a review, pursuant 
to rules prescribed by the Secretary, which takes into account 
the appropriate level of care for the patient, the intensity of services 
required by the patient, and the availability of that care. 
SEC. 8032. All new Department of Defense procurements shall 
separately identify software costs in the work breakdown structure 
defined by MIL-STD-SSl in those instances where software is 
considered to be a major category of cost. 
SEC. 8033. During the current fiscal year and thereafter, of 
the funds appropriated, reimbursable expenses incurred by the 
Department of Defense on behalf of the Soviet Union or its successor 
entities in monitoring United States implementation of the Treaty 
Between the United States of America and the Union of Soviet 
Socialist Republics on the Elimination of Their Intermediate-Range 
or Shorter-Range Missiles ("INF Treatjr"), concluded December 8, 
1987, may be treated as orders received and obligation authority 
for the applicable appropriation, accovint, or fund increased accord-
ingly. Likewise, any reimbursements received for such costs may 
be credited to the same appropriation, account, or fund to which 
the expenses were charged: Provided, That reimbursements which 
are not received within one hundred and eighty days after submis-
sion of an appropriate request for payment shall be subject to 
interest at the current rate established pursuant to section 
2(b)(1)(B) of the Export-Import Bank Act of 1945 (59 Stat. 526). 
Interest shall begin to accrue on the one himdred and eighty-
first day following submission of an appropriate request for pay-
ment: Provided further. That funds appropriated in this Act may 
be used to reimburse United States military personnel for reason-
able costs of subsistence, at rates to be determined by the Secretary 
of Defense, incurred while accompanying Soviet Inspection Team 
members or inspection team members of the successor entities 
of the Soviet Union engaged in activities related to the INF Treaty: 
Provided further. That this provision includes only the in-country 
period (referred to in the INF Treaty) and is effective whether 
such duty is performed at, near, or away from an individual's 
permanent duty station. 
SEC. 8034. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to 
Soviet Union. 
International 
agreements. 
22 use 2595 
note. 
Prisoners of war. 
Vietnam. 
107 STAT. 1448 
PUBLIC LAW 103-139—NOV. 11, 1993 
Wsiges. 
an annual meeting in the United States, under such regulations 
as the Secretary of Defense may prescribe. 
SEC. 8035. None of the funds available to the Department 
of Defense shall be obligated or expended for (or to implement) 
automatic data processing, data processing center, central design 
activity, DMRD 918, defense information infrastructure, and mili-
tary or civilian personnel function consolidation plans, consolida-
tions, and disestablishment or realignment plans that impact, in 
terms of reductions in force or transfers in military and civilian 
personnel, end strength, billets, fimctions, or missions, the Enlisted 
Personnel Management Center, the Naval Computer and Tele-
communications Station, New Orleans, and the Naval Reserve 
Personnel Center imtil sixty legislative days after the Secretary 
of Defense submits to the House and Senate Committees on Appro-
priations a report, including complete review comments and a 
validation by the Department of Defense Comptroller, justifying 
and validating that such plans and actions: (1) do not consolidate, 
plan to consolidate, disestablish or realign Department of Defense 
or Service data processing functions or centers, central design activi-
ties, or military and civilian personnel fimctions and activities, 
or claim savings from such function and activity consolidations 
and disestablishment, realignment, or consolidation plans, that are 
in more than one defense management report plan or decision 
or any other Department of Defense or Service consolidation, dis-
establishment or realignment plan; (2) utilize criteria to evaluate, 
measure and compare, using objective measurements, how data 
processing centers, central design activities, military and civilian 
personnel functions and activities are ranked in terms of operational 
readiness, customer satisfaction, and the most cost effective and 
least expensive from a business performance, and regional oper-
ations cost standpoint; (3) will provide equal or better service for 
DOD customers; (4) provide details as to the impacts on the quality 
of life and benefits of the individual service person, dependents, 
and civilian personnel; and (5) will not adversely impact the mission 
and readiness of the Navy and Naval Reserves: Provided, That 
funds made available to the Department of Defense shall be avail-
able to implement the 1993 Defense Base Closure and Realignment 
Commission approved recommendations concerning the Enlisted 
Personnel Management Center and the Naval Computer and Tele-
commimications Station, New Orleans. 
SEC. 8035A. Such sums as may be necessary for fiscal year 
1994 pay raises for programs fimded by this Act shall be derived 
from funds within the amounts appropriated in this Act. 
SEC. 8036. Notwithstanding any other provision of law, during 
the current fiscal year, the Secretary of Defense may, by Executive 
Agreement, establish with host nation governments in NATO mem-
ber states a separate account into which such residual value 
amounts negotiated in the return of United States military installa-
tions in NATO member states may be deposited, in the currency 
of the host nation, in lieu of direct monetary transfers to the 
United States Treasury: Provided, That such credits may be utilized 
only for the construction of facilities to support United States mili-
tary forces in that host nation, or such real property maintenance 
and base operating costs that are currently executed through mone-
tary transfers to such host nations: Provided further. That the 
Department of Defense's budget submission for fiscal year 1995 
shall identify such sums anticipated in residual value settlements, 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1449 
and identify such construction, real property maintenance or base 
operating costs that shall be funded by the host nation through 
such credits: Provided further, 
That all military construction 
projects to be executed from such accounts must be previously 
approved in a prior Act of Congress: Provided further, That each Reports. 
such Executive Agreement with a NATO member host nation shall 
be reported to the Committees on Appropriations and Armed Serv-
ices of the House of Representatives and the Senate thirty days 
prior to the conclusion and endorsement of any such agreement 
established under this provision. 
SEC. 8037. All obligations incurred in anticipation of the appro- 
Ratification. 
priations and authority provided in this Act are hereby ratified 
and confirmed if otherwise in accordance with the provisions of 
this Act. 
SEC. 8038. None of the funds available to the Department 
of D^jfense in this Act shall be used to demilitarize or dispose 
of more than 310,784 unserviceable Ml Garand rifles and Ml 
Carbines. 
SEC. 8039. Notwithstanding any other provision of law, none 
of the funds appropriated by this Act shall be available to pay 
more than 50 percent of an amount paid to any person imder 
section 308 of title 37, United States Code, in a lump sum. 
SEC. 8040. None of the funds appropriated by this Act may 
be used by the Department of Defense to assign a supervisor's 
title or grade when the number of people he or she supervises 
is considered as a basis for this determination: Provided, 
That 
savings that result from this provision are represented as such 
in future budget proposals. 
SEC. 8041. Of the funds appropriated by this Act, no more 
than $18,500,000 shall be available for the mental health care 
demonstration project at Fort Bragg, North Carolina: Provided, 
That adjustments may be made for normal and reasonable price 
and program growth. 
SEC. 8042. None of the funds appropriated by this Act may 
be used to pay health care providers under the Civilian Health 
and Medical Program of the Uniformed Services (CHAMPUS) for 
services determined imder the CHAMPUS Peer Review Organiza-
tion (PRO) Program to be not medically or psychologically necessary. 
The Secretary of Defense may by regulation adopt any quality 
and utilization review requirements and procedures in effect for 
the Peer Review Organization Program under title XVIII of the 
Social Security Act (Medicare) that the Secretary determines nec-
essary, and may adapt the Medicare requirements and procedures 
to the circumstances of the CHAMPUS PRO Program as the Sec-
retary determines appropriate. 
SEC. 8043. None of the funds appropriated by this Act shall 
be available for payments! under the Department of Defense contract 
with the Louisiana State University Medical Center involving the 
use of cats for Brain Missile Woimd Research, and the Department 
of Defense shall not make payments under such contract from 
funds obligated prior to the date of the enactment of this Act, 
except as necessary for costs incurred by the contractor prior to 
the enactment of this Act, and until thirty legislative days after 
the final Greneral Accounting Office report on the aforesaid contract 
is submitted for review to the Committees on Appropriations of 
the House of Representatives and the Senate: Provided, That funds 
Animals. 
107 STAT. 1450 
PUBLIC LAW 103-139—NOV. 11, 1993 
necessary for the care of animals covered by this contract are 
allowed. 
SEC. 8044. None of the funds provided in this Act or any 
other Act shall be available to conduct bone trauma research at 
any Army Research Laboratory until the Secretary of the Army 
certifies that the synthetic compound to be used in the experiments 
is of such a tjrpe that its use will result in a significant medical 
finding, the research has military application, the research will 
be conducted in accordance with the standards set by an animal 
care and use committee, and the research does not duplicate 
research already conducted by a manufacturer or any other research 
organization. 
10 use 2687 
SEC. 8045. The Secretary of Defense shall include in any base 
^°^- 
closure and realigimient plan submitted to Congress after the date 
of enactment of this Act, a complete review for the five-year period 
beginning on October 1, 1993, which shall include expected force 
structure and levels for such period, expected installation require-
ments for such period, a budget plan for such period, the cost 
savings expected to be realized through realignments and closures 
of military installations during such period, an economics model 
to identify the critical local economic sectors affected by proposed 
closures and realignments of military installations and an assess-
ment of the economic impact in each area in which a military 
installation is to be realigned or closed. 
SEC. 8046. No more than $50,000 of the funds appropriated 
or made available in this Act shall be used for any single relocation 
of an organization, unit, activity or function of the Department 
of Defense into or within the National Capital Region: Provided, 
That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and Senate that 
such a relocation is required in the best interest of the Government: 
Provided further. That no fimds appropriated or made available 
in this Act shall be used for the relocation into the National Capital 
Region of the Air Force Office of Medical Support located at Brooks 
Air Force Base. 
Contracts. 
SEC. 8046A. Notwithstanding any other provision of law, each 
Employment. 
contract awarded by the Department of Defense in fiscal year 
1994 for construction or service performed in whole or in part 
in a State which is not contiguous with another State and has 
an unemployment rate in excess of the national average rate of 
unemployment as determined by the Secretary of Labor shall 
include a provision requiring the contractor to employ, for the 
purpose of performing that portion of the contract in such State 
that is not contiguous with another State, individuals who are 
residents of such State and who, in the case of any craft or trade, 
possess or would be able to acquire promptly the necessary skills: 
Provided, That the Secretary of Defense may waive the require-
ments of this section in the interest of national security. 
SEC. 8047. During the current fiscal year, funds appropriated 
or otherwise avsdlable for any Federal agency, the Congress, the 
judicial branch, or the District of Columbia may be used for the 
pay, allowances, and benefits of an employee as defined by section 
2105 of title 5 or an individual employed by the government of 
the District of Columbia, permanent or temporary indefinite, who— 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1451 
(1) is a member of a Reserve component of the armed 
forces, as described in section 261 of title 10, or the National 
Guard, as described in section 101 of title 32; 
(2) performs, for the purpose of providing military aid 
to enforce the law or providing assistance to civil authorities 
in the protection or saving of life or property or prevention 
of injury— 
(A) Federal service under section 331, 332, 333, 3500, 
or 8500 of title 10, or other provision of law, as applicable, 
or 
(B) full-time military service for his State, the District 
of Columbia, the Commonwealth of Puerto Rico, or a terri-
tory of the United States; and 
(3) requests and is granted— 
(A) leave under the authority of this section; or 
(B) annual leave, which may be granted without regard 
to the provisions of sections 5519 and 6323(b) of title 5, 
if such employee is otherwise entitled to such annual leave: 
Provided, That any employee who requests leave under subsection 
(3XA) for service described in subsection (2) of this section is entitled 
to such leave, subject to the provisions of this section and of the 
last sentence of section 6323(b) of title 5, and such leave shall 
be considered leave under section 6323(b) of title 5. 
SEC. 8048. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the provisions 
of 0MB Circular A-76 if the study being performed exceeds a 
period of twenty-four months after initiation of such study with 
respect to a single function activity or forty-eight months after 
initiation of such study for a multi-function activity. 
SEC. 8049. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national or 
international political or psychological activities. 
SEC. 8050. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 7455 of title 38, 
United States Code. 
SEC. 8051. Notwithstanding any other provision of law, a quali-
fied Indian Tribal corporation or Alaska Native Corporation furnish-
ing the product of a responsible small business concern shall not 
be denied the opportunity to compete for and be awarded a procure-
ment contract pursuant to section 2323 of title 10, United States 
Code, solely because the Indian Tribal corporation or Alaska Native 
Corporation is not the actual manufacturer or processor of the 
product to be supplied under the contract. 
SEC. 8052. Of the funds made available in this Act, not less 
than $11,679,000 shall be available for the Civil Air Patrol, of 
which $4,642,000 shall be available for Operation and Maintenance. 
SEC. 8053. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 815th Weather Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission 
below the levels funded in this Act. 
SEC. 8054. During the current fiscal year, withdrawal credits 
may be made by the Defense Business Operations Fund to the 
credit of current applicable appropriations of an activity of the 
Department of Defense in connection with the acquisition by that 
Indians. 
Alaska Natives. 
Small business. 
Contracts. 
107 STAT. 1452 
PUBLIC LAW 103-139—NOV. 11, 1993 
Small business. 
Contracts. 
Definition. 
21 u s e 873 note. 
activity of supplies that are repairable components which are repair-
able at a repair depot and that are capitalized into the Deiense 
Business Operations Fund as the result of management changes 
concerning depot level repairable assets charged to an activity of 
the Department of Defense which is a customer of the Defense 
Bvisiness Operations Fund that became efiTective on April 1, 1992. 
SEC. 8055. (a) Of the funds for the procurement of supplies 
or services appropriated by this Act, qualified nonprofit agencies 
for the blind or other severely handicapped shall be afforded the 
maximum practicable opportunity to participate as subcontractors 
and suppliers in the performance of contracts let by the Department 
of Defense. 
(b) During the current fiscal year, a business concern which 
has negotiated with a military service or defense agency a sub-
contracting plan for the participation by small business concerns 
pursuant to section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) shall be given credit toward meeting that subcontracting 
goal for any purchases made from qualified nonprofit agencies for 
the blind or other severely handicapped. 
(c) For the purpose of this section, the phrase "qualified non-
profit agency for the blind or other severely handicapped" means 
a nonprofit agency for the blind or other severely handicapped 
that has been approved by the Committee for the Purchase from 
the Blind and Other Severely Handicapped imder the Javits-Wag-
ner-0'Day Act (41 U.S.C. 46-48). 
SEC. 8056. During the current fiscal year and thereafter, there 
is established, under the direction and control of the Attorney 
General, the National Drug Intelligence Center, whose mission 
it shall be to coordinate and consolidate drug intelligence from 
all national security and law enforcement agencies, and produce 
information regarding the structure, membership, finances, commu-
nications, and activities of drug trafficking organizations: Provided, 
That fimding for the operation of the National Drug Intelligence 
Center, including personnel costs associated therewith, shall be 
provided from the funds appropriated to the Department of Defense. 
SEC. 8056A Notwithstanding anv other provision of law, in 
addition to the funds made available elsewhere in this Act to 
the Department of the Navy, $60,000,000 to remain available until 
expended, shall be made available only for obligations incurred 
in the conveyance, clean-up, and restoration of Kaho'olawe Island. 
SEC. 8057. During the current fiscal year £md thereafter, the 
Navy may provide notice to exercise options under the LEASAT 
program for the next fiscal year, in accordance with the terms 
of me Aide Memoire, dated January 5, 1981, as amended by the 
Aide Memoire dated April 30, 1986, and as implemented in the 
LEASAT contract. 
SEC. 8058. During the current fiscal year, net receipts pursuant 
to collections from third party payers pursuant to section 1095 
of title 10, United States Code, shall be made available to the 
local facility of the imiformed services responsible for the collections 
and shall be over and above the facility's direct budget amount. 
SEC. 8059. None of the funds in this Act shall be obligated 
for the procurement of Multibeam Sonar Mapping Systems, not 
manufactured in the United States: Provided, That the Secretary 
of the military department responsible for such procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representa-
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1453 
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to 
acquire capability for national security purposes. 
SEC. 8059A Of the funds made available by this Act in title 
III, Procurement, $8,000,000, drawn pro rata from each appropria-
tions account in title III, shall be available for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974, 
25 U.S.C. 1544. ITiese pajnnents shall be available only to contrac-
tors which have submitted subcontracting plans pursuant to 15 
U.S.C. 637(d), and according to regulations which shall be promul-
gated by the Secretary of Defense within 90 days of the passage 
of this Act. 
SEC. 8060. During the current fiscal year and thereafter, not- is use 56ii 
withstanding any other provision of law, the Department of Defense "
°
*
® 
is hereby authorized to develop and procure the LANDSAT 7 
vehicle. 
SEC. 8061. None of the funds appropriated in this Act may 
be used to fill the commander's position at any militory medical 
facility with a health care professional unless the prospective can-
didate can demonstrate professional administrative skills. 
SEC. 8062. Of the funds appropriated by this Act for the Defense 
Health Program, notwithstanaing any other provision of law, the 
amoimt payable for services provided under this section shall not 
be less than the amount calculated under the coordination of bene-
fits reimbursement formula utilized when CHAMPUS is a secondary 
payor to medical insurance programs other than Medicare, and 
such appropriations as necessary shall be available (notwithstend-
ing the last sentence of section 1086(c) of title 10, United States 
Code) to continue Civilian Health and Medical Program of the 
Uniformed Services (CHAMPUS) benefits, imtil age 65, under such 
section for a former member of a uniformed service who is entitled 
to retired or retainer pay or equivalent pay, or a dependent of 
such a member, or any other beneficiary described by section 1086(c) 
of title 10, United Stetes Code, who becomes eligible for hospital 
insurance benefits under part A of title XVIII of the Social Security 
Act (42 U.S.C. 1395 et seq.) solely on the grounds of physical 
disability, or end stage renal disease: Provided, That expenses 
under this section shall only be covered to the extent that such 
expenses are not covered under parts A and B of title XVIII of 
the Social Security Act and are otherwise covered imder CHAMPUS: 
Provided further, That no reimbursement shall be made for services 
provided prior to October 1, 1991. 
SEC. 8063. During the current fiscal year, the Secretary of 
Defense may accept burdensharing contributions in the form of 
money from Japan, the Ilepublic of Korea, and the State of Kuwait 
for the costs of local national employees, supplies, and services 
of the Department of Defense to be credited to applicable Depart-
ment of Defense operation and maintenance appropriations avail-
able for the salaries and benefits of national employees of Japan, 
the Republic of Korea, and the Stete of Kuwait, supplies, and 
services to be merged with and to be available for the same purposes 
and time period as those appropriations to which credited: Provided, 
Reports. 
That not later than 30 days after the end of each quarter of 
the fiscal year, the Secretery of Defense shall submit to the Con-
gress a report of contributions accepted by the Secretary imder 
this provision during the preceding quarter. 
107 STAT. 1454 
PUBLIC LAW 103-139—NOV. 11, 1993 
SEC. 8064. (a) Funds appropriated in this Act to finance activi-
ties of Department of Defense (DOD) Federally Funded Research 
and Development Centers (FFRDCs) may not be obligated or 
expended for an FFRDC if a member of its Board of Directors 
or Trustees simultaneously serves on the Board of Directors or 
Trustees of a profit-making company under contract to the Depart-
ment of Defense unless the FFRDC has a DOD approved conflict 
of interest policy for its members. 
(b) None of the funds appropriated in this Act are available 
to establish a new FFRDC, either as a new entity, or as a separate 
entity administered by an organization managing another FFRDC, 
or as a nonprofit membership corporation consisting of a consortium 
of other FFRDCs and other nonprofit entities. 
(c) Notwithstanding any other provision of law, of the amounts 
available to the Department of Defense during fiscal year 1994, 
not more than $1,352,650,000 may be obligated for financing activi-
ties of Federally Funded Research and Development Centers. 
(d) The total amount appropriated by this Act is hereby reduced 
by $200,000,000 to reflect the obligation limitation contained in 
subsection (c). 
(e) The total amount appropriated to or for the use of the 
Department of Defense in titles III and IV of this Act is reduced 
by $200,000,000 to reflect savings from the decreased use of non-
FFRDC consulting services by the Department of Defense. 
SEC. 8065. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy or armor steel 
plate for use in any Government-owned facility or property under 
the control of the Department of Defense which were not melted 
and rolled in the United States or Canada: Provided, That these 
procurement restrictions shall apply to any and all Federal Supply 
Class 9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications of carbon, 
alloy or armor steel plate: Provided further. That the Secretary 
of the military department responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to 
acquire capability for national security purposes: Provided 
further, 
That these restrictions shall not apply to contracts which are in 
being as of the date of enactment of this Act. 
SEC. 8065A. None of the funds available to the Department 
of Defense during the current fiscal year may be obligated or 
expended to develop for aircraft or helicopter weapons systems 
an airborne instrumentetion system for flight test data acquisition, 
or to develop or implement modifications to an existing airborne 
instrumentation 
system, 
other 
than 
the 
Common 
Airborne 
Instrumentation System under development in the Central Test 
and Evaluation Investment Development program element funded 
in the "Developmental Test and Evaluation, Defense" appropriations 
account. 
SEC. 8066. None of the unobligated balances available in the 
National Defense Stockpile Transaction Fund during the current 
fiscal year may be obligated or expended to finance any grant 
or contract to conduct research, development, test and evaluation 
activities for the development or production of advanced materials, 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1455 
41 use lOb-2. 
unless amounts for such purposes are specifically appropriated in 
a subsequent appropriations Act. 
SEC. 8067. For the pvirposes 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 militery 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. (aXD If the Secretary of Defense, after consultetion 
with the United Stetes Trade Representetive, 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 understending, between the 
United Stetes and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certein products in that country. 
(b) The Secretary of Defense shall submit to Congress a report Reports. 
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 (aX2), 
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 tne Agreement 
and Modification, dated September 25, 1990, between the Depart-
ment of Defense, the Greneral 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 
Definition. 
107 STAT. 1456 
PUBLIC LAW 103-139—NOV. 11, 1993 
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 Novate, 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, 
{)ark or recreational uses, title to the applicable portion of such 
and shall revert to the United States Oovemment 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 siffected 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 fimds under the purchaser's with-
drawal and reimbursement rights. 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1457 
SEC. 8070A Notwithstanding any other provision of law, any 
statutorily-required analysis of the impact on trie 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 1
0 use 2774 
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 
amoimts as are necessary from the assets of the Voluntary Separa-
tion Incentive Fund established by section 1175(hXl). 
(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(hX2) 
and to the special account established under 10 U.S.C. 2667(dXl) 
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(hX2) (A) and (B) and 10 U.S.C. 
2667(d)(lXB), 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 Minerals and 
in the United States, preference for the purchase of chromite ore Manufacturing 
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 ferrocnromium 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 Accoimt-
107 STAT. 1458 
PUBLIC LAW 103-139—NOV. 11, 1993 
President. 
Federal budget. 
Wages. 
10 u s e 221 note. 
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(cX2), 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 
imless such handgims or handgun ammimition are the M9 9mm 
Department of Defense standard handgun or ammimition 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 fiinds 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, Commimica-
tions and Intelligence planning office manned by three full-time 
Air Guard officers in the rank of 0-6, 0-5, and 0-4: 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. 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1459 
SEC. 8083. None of the funds available to the Department 
of Defense may be obligated or expended for construction of Ground 
Wave Emergency Network (GWEN) sites in Fiscal Year 1994. 
SEC. 8083A. Notwithstanding any other provision of law, the 
Naval shipyards of the United States shall be eligible to participate 
in any manufacturing extension program financed by fiuids appro-
priated in this or any other Act. 
SEC. 8084. The $15,000,000 made available in section 9088 
of the Department of Defense Appropriations Act, 1993 (Public 
Law 102-396) for payment of claims to United States military 
and civilian personnel for damages incurred as a result of the 
volcanic eruption of Mount Pinatubo in the Philippines, shall remain 
available for obligation until September 30, 1994, notwithstanding 
section 9003 of that Act: Provided, That $5,000,000 of the funds 
made available by this section shall be available until September 
30, 1995 for expenses associated with the construction and modifica-
tion of facilities to support the relocation of military training pro-
grams from installations in the Philippines to sites in the United 
States. 
(TRANSFER OF FUNDS) 
SEC. 8085. In addition to any other transfer authority contained 
in this Act, $100,000,000 appropriated in this Act under the heading 
"Operation and Maintenance, Defense-Wide" may be transferred 
to appropriations contained in this Act which are available for 
the pa3rment of civilian voluntary separation incentives, to be 
merged with and to be available for the same purposes and for 
the same time period as the appropriations to which transferred. 
SEC. 8086. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(cXl) of the National 
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 
2687 note) shall be available until expended for the pajrments 
specified by section 2921(c)(2) of that Act. 
SEC. 8087. During the current fiscal year, annual payments 
granted under the provisions of section 4416 of the National Defense 
Authorization Act for fiscal year 1993 (Public Law 102-428; 106 
Stat. 2714) shall be made from appropriations in this Act which 
are available for the pay of reserve component personnel. 
SEC. 8088. None of the funds appropriated by this Act may 
be used to relocate the 116th Fighter Wing of the Air National 
Guard from Dobbins Air Reserve Base to Robins Air Force Base, 
or to convert that wing from F-15A aircraft to B-IB aircraft. 
SEC. 8088A. None of the funds available to the Department 
of Defense for establishing a Naval East Coast Electronics Engineer-
ing Center may be obligated or expended for the establishment 
of such Headquarters at any location other than Charleston, South 
Carolina: Provided, 
That no such funds may be obligated or 
expended for the establishment or operation of subordinate detach-
ments at Portsmouth, Virginia, with manning levels or broader 
functions than that specifically stated in the 1993 Report to the 
President of the Defense Base Closure and Realignment Commis-
sion: Provided further, That no funds may be obligated or expended 
for the relocation, alteration or modification of the functions speci-
fied in the 1993 Report to the President of the Defense Base 
Closure and Realignment Commission to be maintained at St. 
Inigoes, Maryland, including all civilian management, support 
107 STAT. 1460 
PUBLIC LAW 103-139—NOV. 11, 1993 
Reports. 
Minorities. 
Eklucation. 
personnel and management operations associated with these func-
tions that were in existence as of September 20,1993. 
SEC. 8089. (a) IN GENERAL.—Subject to subsection (b), the 
Secretary of the Army may release, discharge, waive, and quitclaim 
all right, title, and interest which the United States may have 
by virtue of the quitclaim deed dated June 18, 1956, in and to 
approximately 6.89 acres of real property, with improvements 
thereon, in Harris County, Texas. 
(b) CONDITION.—^The Secretary may carry out subsection (a) 
only after obtaining satisfactory assurances that the State of Texas 
shall obtain, in exchange for the real property referred to in sub-
section (a), a tract of real property— 
(1) which is at least equal in value to the real property 
referred to in subsection (a), and 
(2) which shall be, on the date on which the State obtains 
it, subject to the same restrictions and covenants with respect 
to the Federal Government as are applicable on the date of 
the enactment of this Act to the real property referred to 
in subsection (a). 
(c) LEGAL DESCRIPTION OF REAL PROPERTY.—The exact acreage 
and legal description of the real property referred to in subsection 
(a) shall be based upon surveys that are satisfactory to the Sec-
retary. 
SEC. 8090. None of the funds appropriated by this Act shall 
be used to procure aircraft fuel cells unless the fuel cells are 
produced or manufactured in the United States by a domestic-
operated entity: Provided, That the Secretary of the military depart-
ment responsible for the prociu*ement may waive this restriction 
on a case-by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the Senate 
that adequate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that such 
an acquisition must be made in order to acquire capability for 
national security purposes. 
SEC. 8090A. None of the funds available to the Department 
of the Air Force shall be available to establish or support any 
organic depot maintenance support activity for the B-2 bomber 
until the Under Secretary of Defense, Acquisition reviews the exist-
ing infrastructure for the private sector and Air Force Depot support 
and maintenance of the B-2 £uid reports to the Congressional 
Defense Committees no later than May 1$>J.994, the most efficient 
and cost effective utilization of both publib^ |ind private facilities 
to support the B-2. 
SEC. 8091. (a) Notwithstanding any other provision of law, 
not less than $750,000 of the funds appropriated imder the heading 
"Operation and Maintenance, Armjr in title II of this Act shall 
be made available until expended to conduct a demonstration pro-
gram involving the Army Senior Reserve Officers' Training Corps 
battalion at Indiana University-Northwest and Army Junior 
Reserve Officers' Training Corps units near the University. The 
purpose of the program shall be to encourage minority students 
in secondary educational institutions to continue their education. 
(b) Under the program. Senior Reserve Officers* Corps cadets 
may serve as mentors and tutors for students in Junior Reserve 
Officers' Corps units. Cadets and students may participate in com-
bined activities, including summer camps, field training, and other 
traditional military activities. 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1461 
(c) Senior Reserve Officers' Corps cadets who serve as mentors 
and tutors may be paid a stipend. 
(d) After a cadet has satisfactorily served in the program, 
imder criteria established by the Secretary of the Army and for 
a period of time determined, by the Secretary, the cadet may be 
provided financial assistance tuition, books, laboratory fees, and 
similar educational expenses if the cadet continues to serve satisfac-
torily in the pro-am. 
SEC. 8092. During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment 
item unit cost of not more than $25,000. 
SEC. 8093. None of the funds appropriated by this Act shall 
be available for direct support of the joint Department of Defense/ 
Department of Energy Safeguard C contingent nuclear testing pro-
gram. 
SEC. 8094. In connection with procurements of petroleum prod-
ucts made by the Department of Defense with appropriated funds, 
the Secretary shall consider all qualified bids from any eligible 
country under the Caribbean Basin Economic Recovery Act which 
is hereby deemed a designated coimtry pursuant to 19 U.S.C. 
2511(b). 
SEC. 8094A. Of the funds appropriated to the Department of 
Defense for Operation and Maintenance, Defense-Wide, not less 
than $8,000,000 shall be made available imtil expended to the 
Administration for Native Americans within 90 days of enactment 
of this Act only for the mitigation of environmental impacts, includ-
ing the gathering of information, documenting of environmental 
damage, and developing a system for prioritization of mitigation, 
on Indian lands resulting: from Department of Defense activities. 
SEC. 8095. During the current fiscal year, appropriations avail-
able for the pay and allowances of active duty members of the 
Armed Forces shall be available to pay the retired pay which 
is payable pursuant to section 4403 of Public Law 102—484 (10 
U.S.C. 1293 note) imder the terms and conditions provided in 
section 4403. 
(TRANSFER OF FUNDS) 
SEC. 8096. In addition to the amounts appropriated or otherwise 
made available by this Act, $25,000,000 is hereby appropriated 
to the Department of Defense and shall be available only for transfer 
to the National Park Service, of which: $10,000,000 shall be avail-
able to repair and rehabilitate military structures transferred from 
the Department of Defense to the National Park Service as part 
of the Golden Gate National Recreation Area; $10,000,000 shall 
be available to convert and rehabilitate military structures at Fort 
Wadsworth for National Park Service's purposes; and $5,000,000 
^ , 
shall be available for cultural cyclic resource programs within the 
National Park Service system: Provided, That uiese fluids shall 
remain available for obligation until September 30,1995. 
SEC. 8097. (a) During the current fiscal year, none of the 
appropriations or funds available to the Defense Business Oper-
ations Fimd shall be used for the purchase of an investment item 
for the purpose of acquiring a new inventory item for sale or 
anticipated sale during the current fiscal year or a subsequent 
fiscal year to customers of the Defense Business Operations Fund 
if such an item would not have been chargeable to the Defense 
107 STAT. 1462 
PUBLIC LAW 103-139—NOV. 11, 1993 
Peru. 
Joseph Beard, 
Jr. 
10 use 2488 
note. 
Business Operations Fund during fiscal year 1993 and if the pur-
chase of such an investment item would be chargeable during 
the current fiscal year to appropriations made to the Department 
of Defense for procurement. 
(b) The fiscal year 1995 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1995 Department of Defense budget 
shall be prepared and submitted to the Congress on the basis 
that any equipment which was classified as an end item and fiinded 
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 1995 procurement appropriation 
and not in the supply management business area or any other 
area or category of the Defense Business Operations Fund. 
SEC. 8098. None of the funds provided in this Act shall be 
available for use by a Militery Department to modify an aircraft, 
weapon, ship or other item of equipment, that the Militery Depart-
ment concerned plans to retire or otherwise dispose of within five 
years after completion of the modification: Provided, That this 
prohibition shall not apply to safety modifications: Provided further. 
That this prohibition may be waived by the Secretory of a Militery 
Department if the Secretory determines it is in the best national 
security interest of the country to provide such waiver and so 
notifies the congressional defense committees in writing. 
SEC. 8099. (a) FINDINGS.—The Congress finds t h a t ^ 
(1) the United Stetes Government has not made adequate 
efforts to seek the payment of compensation by the government 
of Peru for the death and injuries to United Stetes militery 
personnel resulting from the attack by aircraft of the militery 
forces of Peru on April 24, 1992, against a United States 
Air Force C-130 aircraft operating off the coast of Peru; and 
(2) in failing to make such efforts adequately, the United 
States Grovemment has failed in its obligation to support the 
servicemen and their families involved in the incident and 
generally to support members of the Armed Forces canying 
out missions on behalf of the United Stetes. 
(b) SEMIANNUAL REPORT.—^The Secretery of Defense shall sub-
mit a report to Congress on December 1 and June 1 of each 
year on the efforts made by the Government of the United States 
during the preceding six-month period to seek the payment of 
fair and equiteble compensation by the Government of Peru (1) 
to the survivors of Master Sergeant Joseph Beard, Jr., United 
States Air Force, who was killed in the atteck described in sub-
section (a), and (2) to the other crew members who were wounded 
in the atteck and survived. 
(c) TERMINATION OF REPORT REQUIREMENT.—The requirement 
in subsection (b) shall terminate upon certification by the Secretery 
of Defense to Congress that the Grovemment of Peru has paid 
fair and equiteble compensation as described in subsection (b). 
SEC. 8099A. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such alcoholic 
beverages sold by the drink) on a military instellation located 
in the United Stetes unless such malt beverages and wine are 
P
rocured within that Stete, or in the case of the District of Colum-
ia, within the District of Columbia, in which the militery instella-
tion is located: Provided, That in a case in which the militery 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1463 
installation is located in more than one State, purchases may be 
made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for 
military installations in States which are not contiguous with 
another State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and the District 
of Columbia shall be procured from the most competitive source, 
price and other factors considered. 
SEC. 8100. Notwithstanding any other provision of law or regu-
lation, the Department of Defense is directed to use available off 
the shelf, nondevelopmental items in filling small craft and small 
boat requirements when at all possible. 
SEC. 8101. No part of the funds in this Act shall be available 
to prepare or present a request to the Committees on Appropriations 
for reprogramming of funds, unless for higher priority items, based 
on unforeseen military requirements, than those for which originally 
appropriated 
and 
in 
no case 
where 
the 
item 
for 
which 
reprogramming is requested has been denied by the Congress. 
SEC. 8102. None of the funds appropriated by this Act shall 
be available for pajmient of the compensation of personnel assigned 
to or serving in the National Foreign Intelligence Program in excess 
of 96 percent of such personnel actually assigned to or serving 
in the National Foreign Intelligence Program on September 30, 
1992: Provided, That in making any reduction in the number of 
such personnel that may be required pursuant to this section, 
the percentage of reductions to Senior Intelligence Service positions 
shall be equal to or exceed the percentage of reductions to non-
Senior Intelligence Service positions: Provided further, That in mak-
ing any reduction in the number of such personnel that may be 
required pursuant to this section, the percentage of reductions 
to positions in the National Capital Region shall be equal to or 
exceed the percentage of reductions to positions outside of the 
National Capital Region. 
SEC. 8102A. (a) Of the amounts available to the Department 
of Defense for fiscal year 1994, not less than $10,000,000 shall 
be available for National Defense Science and Engineering Graduate 
Fellowships to be awarded on a competitive basis by the Secretary 
of Defense to United States citizens or nationals pursuing advanced 
degrees in fields of primary concern and interest to the Department. 
(b) Fellowships awarded pursuant to subsection (a) above shall 
not be restricted on the basis of the geographical locations in 
the United States of the institutions at which the recipients are 
pursuing the aforementioned advanced degrees. 
(c) Not less than 50 per centum of the funds necessary to 
carry out this section shall be derived from the amounts available 
for the University Research Initiatives Program in "Research, Devel-
opment, Test and Evaluation, Defense-Wide", and the balance nec-
essary shall be derived from amounts available for Defense Research 
Sciences under title IV of this Act. 
SEC. 8103. None of the funds provided by this Act may be 
used to pay the salaries of any person or persons who authorize 
the transfer of obligated and deobligated appropriations into the 
Reserve for Contingencies of the Central Intelligence Agency. 
SEC. 8104. During the current fiscal year and thereafter, funds 
appropriated for construction projects of the Central Intelligence 
Alcohol and 
alcohol abuse. 
Boats and 
boating. 
50 u s e 403j 
note. 
107 STAT. 1464 
PUBLIC LAW 103-139—NOV. 11, 1993 
21 u s e 1343 
note. 
50 u s e 414 note. 
Incorporation. 
10 u s e 114 note. 
President. 
Agency, which are transferred to smother Agency for execution, 
shall remain available until expended. 
SEC. 8105. During the current fiscal year and therecdler, mone-
tary limitations on the purchase price of a passenger motor vehicle 
shall not apply to vehicles purchased for intelligence activities con-
ducted pursuant to Executive Order 12333 or successor orders. 
SEC. 8106. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available 
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30,1995. 
(TRANSFER OF FUNDS) 
SEC. 8107. During the current fiscal year and thereafter, no 
funds may be made available through transfer, reprogramming, 
or other means between the Central Intelligence Agency and the 
Department of Defense for any intelligence or special activity dif-
ferent from that previously justified to the Congress unless the 
Director of Central Intelligence or the Secretary of Defense has 
notified the House and Senate Appropriations Committees of the 
intent to make such ftmds available for such activity. 
SEC. 8108. The classified annex prepared by the Committee 
on Appropriations to accompany the report on the Department 
of Defense Appropriations Act, 1994 is hereby incorporated into 
this Act: Provided, That the amounts specified in the classified 
Annex are not in addition to amounts appropriated by other provi-
sions of this Act: Provided further. That the President shall provide 
for appropriate distribution of the classified Annex, or of appropriate 
portions of the classified Annex, within the executive branch of 
the Grovemment. 
SEC. 8109. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense Intelligence Agency 
may be used for the design, development, and deployment of Gren-
eral Defense Intelligence Program intelligence communications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands. 
SEC. 8110. None of the funds appropriated by this Act shall 
be available for the planning, programming or actual movement 
of any component or function of the Defense Mapping Agency Aero-
space Center annex from the St. Louis, Missouri, area. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8111. In addition to amounts appropriated or otherwise 
made available by this Act, $21,700,000 is hereby appropriated 
to the Department of Defense and shall be available only for transfer 
to the United States Coast Guard for a 2.2 percent pay increase 
for uniformed members. 
SEC. 8112. Notwithstanding any other provision of law, and 
in accordance with section 2905 of the Defense Base Closure and 
Realignment Act of 1990, Public Law 101-510, the Department 
of Defense shall proceed with implementation of the 1993 Defense 
Base Closure and Realignment 
Commission 
recommendation 
concerning the consolidation of tactical missile maintenance at 
Letterkenny Army Depot. 
SEC. 8113. In addition to amounts appropriated elsewhere in 
this Act, $200,000 shall be available only for settlement of claims 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1465 
and interest thereon, associated with contract numbered N62474-
86-C-0253 for construction of a multipurpose range complex at 
the Marine Corps Air Ground Combat Center in Twentjniine Palms, 
California: Provided, That such settlement shall be made pursuant 
to the recommendation of August 19, 1993, of the Comptroller 
General of the United States (case B-230871.3): Provided fuHher, 
That such settlement shall be accomplished within thirty days 
of enactment of this Act. 
SEC. 8114. Notwithstanding any other provision of law, none 
of the funds appropriated for fiscal year 1993 and fiscal year 1994 
for the DDG>-51 destroyer program shall be obligated or expended 
for procurement of the ring laser gyroscope inertial navigation 
system under a sole source contract. 
SEC. 8115. The Secretary of the Navy shall carry out the 
establishment of the Mine Warfare Center of Excellence at the 
naval station at Ingleside, Texas (including the establishment of 
all subordinate units and the relocation of Navy mine warfare 
forces), in accordance with the schedule of the Navy for the 
establishment of such center and without regard to any alteration 
in that schedule that would otherwise be required pursuant to 
any other provision of law enacted diuing the first session of the 
103d Congress that applies specifically to the construction and 
operation of that center or to the relocation of Navy mine warfare 
forces to Ingleside, Texas. 
SEC. 8115A. None of the funds appropriated by this Act shall 
be used to begin closing a military treatment facility unless the 
Secretary of Defense notifies the Committees on Appropriations 
of the House of Representatives and the Senate ninety days prior 
to such action. 
SEC. 8116. Unobligated balances of the funds appropriated in 
Public Law 102-172 and Public Law 102-396 under the headings 
"World University Games", "Summer Olympics" and "World Cup 
USA 1994" in title II of those Acts shall, notwithstanding any 
other section of those Acts, remain available for obligation luitil 
September 30, 1995. 
SEC. 8116A. Notwithstanding any other provision of law, 
reimbursements received from the North Atlantic Treaty Organiza-
tion for the E-3 Airborne Warning and Control System (AWACS) 
Radar System Improvement Program (RSIP) attributable to devel-
opment work for fiscal years 1987 through 1992 shall be available 
to the Air Force until September 30, 1994, for meeting that service's 
financial commitments for the AWACS RSIP. 
SEC. 8117. (a) None of the fimds 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. 8118. None of the funds available to the Department 
of Defense may be used to support the relocation of P-3 aircraft 
squadrons or other aircraft or units from the Naval Air Station 
at Barbers Point, Hawaii unless such relocation was specifically 
stated in the 1993 Report to the President of the Defense Base 
Closure and Realignment Commission. 
Claims. 
Establishment. 
Texas. 
69-194 O - 94 - 17 : QL. 3 Part 2 
107 STAT. 1466 
PUBLIC LAW 103-139—NOV. 11, 1993 
SEC. 8119. The Secretary of Defense is authorized to use, for 
foreign military sales otherwise authorized under Chapter 39, title 
22, United States Code, or for transfer to United States Amy, 
Army National Guard, or Army Reserves, articles and services 
procured for the implementation of the Italian air defense agree-
ments: Provided, That the term "Italian air defense agreements" 
has the meaning given such term in section 1050 of Public Law 
102-190 (105 Stat. 1469): Provided further. That upon notification 
of the Grovemment of the United States hy the Government of 
Italy of its desire to withdraw from the Italian air defense agree-
ment or 180 days from the enactment of this Act, section 1050 
/ 
of Public Law 102-190 (105 Stat. 1469) is repealed. 
SEC. 8119A. Notwithstanding any other provision of law, funds 
and credits received from the contractor unoer contract warranties 
for the failure of the first ultra high frequency follow-on satellite 
shall no longer be available for a replacement ultra high frequency 
satellite but shall be made available to finance a replacement 
extremely high frequency satellite and its launch. 
(TRANSFER OF FUNDS) 
SEC. 8120. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the 
amoimts 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 amoimts specified: 
From: 
Under the heading, "Research, Development, Test and 
Evaluation, Navy, 1993/1994", $3,459,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1986/1990": 
MHC coastal mine hunter program, $3,459,000; 
From: 
Under the heading, "Research, Development, Test and 
Evaluation, Navy, 1993/1994", $42,936,000; 
Under the heading, "Research, Development, Test and 
Evaluation, Air Force, 1993/1994", $55,500,000; 
Under the heading, "Aircraft Procurement, Navy, 1992/ 
1994", $8,000,000; 
Under the heading. "National Guard and Reserve 
Equipment, 1992/1994", $3,400,000; 
Under the heading. "National Guard and Reserve 
Equipment, 1993/1995", $3,618,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1988/1992": 
SSN-688 attack submarine program, $26,596,000; 
CVN nuclear aircraft carrier program, $83,600,000; 
LHD-1 
amphibious 
assault 
ship 
program, 
$3,258,000; 
From: 
Under the heading, "Aircraft Procurement, Navy, 1992/ 
1994", $57,600,000; 
Under the heading, "Weapons Procurement, Navy, 
1992/1994", $36,000,000; 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1467 
Under the heading, "Other Procurement, Navy, 1993/ 
1995", $66,756,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1989/1993": 
TRIDENT ballistic missile submarine program, 
$11,655,000; 
SSN-688 attack submarine program, $26,972,000; 
SSN-21 attack submarine program, $40,800,000; 
DDGr-51 destroyer program, $71,500,000; 
MHC coastal mine himter program, $9,429,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1990/1994": 
AOE combat support ship program, $3,505,000; 
Oceanographic ship program, $538,000; 
Craft, outfitting, post delivery, and ship special 
support equipment, $994,000; 
Under the neading, "Weapons Procurement, Navy, 
1993/1995", $49,868,000; 
Under the heading, "Other Procurement, Navy, 1993/ 
1995", $58,456,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1990/1994": 
TRIDENT ballistic missile submarine program, 
$7,241,000; 
DDGr-51 destroyer program, $40,100,000; 
MCM mine countermeasures program, $7,564,000; 
T-AGOS surveillance ship program, $58,456,000; 
From: 
Under the heading, "Aircraft Procurement, Navy, 1993/ 
1995", $45,700,000; 
Under the heading. "National Guard and Reserve 
Equipment, 1993/1995", $29,282,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1991/1995": 
Craft, outfitting, post delivery, and special support 
equipment, $3,806,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1992/1996": 
DDG-51 destroyer program, $41,800,000; 
Cr£ift, outfitting, post delivery, and DBOF transfer, 
$2,560,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1992/1995": 
T-AO fleet oiler program, $27,000,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1993/1994": 
T-AO fleet oiler program, $13,000,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1993/1996": 
T-AO fleet oiler program, $12,129,000; 
Under the heading, "Weapons Procurement, Navy, 
1993/1995", $55,932,000; 
Under the heading, "Other procurement. Navy, 1993/ 
1995", $38,062,000; 
107 STAT. 1468 
PUBLIC LAW 103-139—NOV. 11, 1993 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1991/1995": 
SSN-21 attack submarine program, $237,971,000; 
DDG-51 destroyer program, $31,300,000; 
From: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1993/1996": 
T-AO fleet oiler program, $31,371,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1993/1997": 
DDCr-51 destroyer program, $14,400,000; 
Refueling overhauls, $909,000; 
MHC coastal mine hunter program, $9,343,000; 
Craft, outfitting, post delivery, £uid first destina-
tion 
transportation, 
and 
inflation 
ac^ustments, 
$45,177,000; 
To: 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1987/1991": 
AO conversion program, $256,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1988/1992": 
LSD-41 cargo variant ship program, $28,250,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1989/1993": 
T-AO fleet oiler program, $14,184,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1990/1994": 
LSD-41 dock landing ship cargo variant program, 
$30,300,000; 
Oceanographic ship program, $410,000; 
Under the heading, "Shipbuilding and Conversion, 
Navy, 1991/1995": 
LSD-41 dock landing ship cargo variant program, 
$27,800,000. 
SEC. 8120A The provision in Public Law 102-396 requiring 
that not less than $55,500,000 be made available only for the 
106 Stat. 1876. 
Space Nuclear Thermal Propulsion Program is hereby repealed. 
SEC. 8121. Notwithstanding any other provision of law, funds 
appropriated in this Act for the upgrade, purchase, or modernization 
of supercomputing capability and capacity imder the High Perform-
ance Computing Modernization program shall only be available 
for contracts, contract modifications, or contract options which are 
awarded as the result of open competition based upon the require-
ments of the users vdthout regard to the architecture or design 
of the supercomputer system. 
SEC. 8122. Amotmts collected for the use of the facilities of 
the National Science Center for Commimications 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(gX2) 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(gX2). 
Reports 
SEC. 8123. The Secretary of Defense and the Director of Central 
Intelligence shall deliver, in conjunction with the fiscal year 1995 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1469 
budget request, a report providing the following information about 
all researui and development projects involving the implementation, 
monitoring, or verification of current and projected international 
arms control agreements: (a) annual and total budgets, goals, sched-
ules, and priorities; (b) relationships among related projects being 
funded by the Department of Defense, the National Foreign Intel-
ligence Program, and other departments and agencies of the Federal 
Government; and (c) comments by the Arms Control and Disar-
mament Agency about the relevance of each project to the arms 
control priorities of the United States. 
SEC. 8124. 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. 8125. None of the funds appropriated by this Act may 
be used (1) to transfer to the United Nations a facility in the 
continental United States for use as a United Nations peacekeeping 
facility, or (2) for the renovation of such a facility in preparation 
for such a transfer. 
SEC. 8126. (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 ill 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. 8127. In the case of members who separate from active 
duty or full-time National Guard duty in a military department 
pursuant to a Special Separation Benefits program (10 U.S.C. Sec. 
1174a) or a Voluntary Separation Incentive program (10 U.S.C. 
Sec. 1175) at any time afi;er the enactment of this Act, the separa-
tion payments paid such members who are also paid any bonus 
provided for in chapter 5, title 37, United States Code, during 
the same years in which they separate shall be reduced (but in 
no event to an amount less than zero) by an amount equal to 
any such bonus: Provided, That any future bonus pa3rments to 
which such members would otherwise be entitled are rescinded: 
Provided further. That this measure will not apply to members 
who separate during the last year of a bonus paid pursuant to 
chapter 5, title 37, United States Code: Provided further. 
That 
civilian employees of the Department of Defense are prohibited 
from receiving voluntary^ separation payments if such employees 
are rehired by another agency of the Federal Government within 
one hundred and eighty days of separating from the Department 
of Defense. 
Fraud. 
Business and 
industry. 
10 u s e 1174a 
note. 
107 STAT. 1470 
PUBLIC LAW 103-139—NOV. 11, 1993 
SEC. 8128. Under the heading 'Hesearch, Development, Test 
and Evaluation, Army" in the Department of Defense Appropria-
tions Act, 1993 (Public Law 102-396), delete the final proviso and 
insert in lieu thereof: ": Provided further, That of the funds appro-
priated in this para^aph, $4,000,000 shall be used only for a 
grant to the Assistive Technology Center at the National Renabilita-
tion Hospital for laboratory and other efforts associated with 
research and development and other programs of msgor importance 
to the Department of Defense". 
SEC. 8129. 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. 8130. None of the funds appropriated or otherwise made 
available by this Act may be used for a defense technologyr reinvest-
ment project that is not selected pursuant to the applicaMe competi-
tive selection and other procedures set forth in chapter 148 of 
title 10, United States Code. 
SEC. 8131. The appropriation, "Emergency Response Fund, 
Defense" made under the heading "Emergency Response Fund" 
by the Department of Defense Appropriations Act, 1990 (Public 
Law 101-165) is amended by inserting the following immediately 
after the third sentence: "In addition to the foregoing, upon a 
determination by the Secretary of Defense that such action is nec-
essary, the Fund may be used, in addition to other funds available 
to the Department of Defense for such purposes, for expenses of 
the Department of Defense which are incurred in supplying supplies 
or services furnished in response to natural or manmade disasters.". 
SEC. 8132. 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 imless 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 imsolicited 
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. 
Real property. 
SEC. 8133. Not later than January 1, 1994, the Secretary of 
South Carolina, 
the Navy shall transfer, without reimbursement, to the Secretary 
of State a tract of land consisting of approximately 10 acres, 
together with improvements thereon, which comprise that portion 
of the Naval Base, Charleston, South Carolina, bounded by Bain-
bridge Avenue, Holland Street, and Dyess Avenue and known as 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1471 
buildings 646, 646A, 647, 643, 645, and 649, excluding building 
644, and all walkw^s and parking areas associated with such 
buildings: Provided, That the real property transferred pursuant 
to this section shall be used by the Secretary of State in support 
of diplomatic and consular operations: Provided further. That the 
exact acreage and leg£d description of the property to be transferred 
under this section shall be determined by a survey approved by 
the Secretary of the Navy. 
SEC. 8134. (aXD The Secretary of Defense shall pay a death Life 
g-atuity under this section to each beneficiary under a Servicemen's o^^^f^p^fQ^Y 
roup Life Insurance policy in the case of each deceased member note 
of the imiformed services described in paragraph (2). 
(2) This section applies with respect to any member of the 
uniformed services— 
(A) who died on or after October 29, 1992 (the date of 
the enactment of the Veterans* Benefits Act of 1992 (Public 
Law 102-568)), and before December 1, 1992 (the effective 
date of amendments made by title II of the Act, relating to 
veterans' life insurance programs); and 
(B) whose death was in performance of duty. 
(bXD The amount of the death gratuity payable to a beneficiary 
under this section shall be equal to the amoimt of the life insurance 
proceeds paid or payable to that beneficiary under section 1967(a) 
of title 38, United States Code, by reason of death of such member. 
(2) In the case of a deceased member of the uniformed services 
who, before death, affirmatively elected, in writing, to apply for 
an increase in SOLI coverag[e in an amoimt less than $100,000 
under subsection (e) of section 1967 of title 38, United States 
Code, the death gratuity paid under this section shall be equal 
to the amoimt of the increase so elected. 
(c) A death gratuity may not be paid under this section if 
the deceased menXer, before death, affirmatively elected, in writing, 
to apply for increased SOLI coverage under subsection (e) of section 
1967 of title 38, United States Code, and, by reason of a provision 
of law enacted aiter October 29, 1992, insurance is payable pursuant 
to that election. 
(d) A death gratuity shall be payable under this section to 
an SGLI beneficiary upon receipt oi a written application for the 
E
ayment of such gratuity. Any such application must be received 
y the Secretary of Defianse not later than September 30, 1994. 
(e) In addition to amounts otherwise appropriated in this Act, 
the amount of $5,300,000 is hereby appropriated for, and shall 
be available only for, the payment of death gratuities under this 
section. Funds provided under this section shall remain available 
until expended for any valid claims received by the Secretary of 
Defense not later than September 30,1994. 
(RESCISSIONS) 
SEC. 8135. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from 
the following accounts in the specified amounts: 
"Aircraft Procurement, Army, 1993/1995", $42,700,000; 
"Procurement 
of 
Ammunition, 
Army, 
1992/1994", 
$30,181,000; 
"Procurement 
of 
Ammunition, 
Army, 
1993/1995", 
$52,480,000; 
"Other Procurement, Army 1992/1994", $4,000,000; 
107 STAT. 1472 
PUBLIC LAW 103-139—NOV. 11, 1993 
Maritime 
affairs. 
American 
Samoa. 
"Weapons Procurement, Navy, 1992/1994", $15,000,000; 
"Weapons Procurement, Navy, 1993/1995", $7,500,000; 
"Other Procurement, Navy, 1993/1995", $26,600,000; 
"Procurement, Marine Corps, 1992/1994", $8,274,000; 
"Procurement, Marine Corps, 1993/1995", $6,508,000; 
"Missile Procurement, Air Force, 1993/1995", $6,000,000 
"Other Procurement, Air Force, 1993/1995", $13,706,000 
"Other Procurement, Air Force, 1992/1994", $17,276,000 
"Research, Development, Test and Evaluation, Air Force, 
1993/1994", $51,000,000. 
SEC. 8136. Not later than May 1, 1994, the Under Secretary 
of Defense for Acquisition shall submit to the Congressional defense 
committees the complete results of an independent studv of options 
for accomplishing the functions now performed by the Defense 
Nuclear Agency (DNA): Provided, That of the total amounts avail-
able to the Department of Defense for financing the activities of 
defense federally funded research and development centers during 
fiscal year 1994, $1,000,000 shall be made available within 30 
days after the enactment of this Act for the purposes of the afore-
mentioned study. 
SEC. 8137. Notwithstanding any other provision of law, within 
30 days from the enactment of this Act, the Department of the 
Navy shall select and take possession of either LCU-1540 or LCU-
1549 from the General Services Administration: Provided, 
That 
the Navy shall modify or have modified the selected vessel utilizing 
commercial standards that meet United States Coast Guard certifi-
cation requirements as safe to operate in open ocean as a cargo 
vessel: Provided further. That upon completion of all modifications 
and certification by the United States Coast Guard, the Navy shall 
immediately transfer title of the vessel, at no cost, to the govern-
ment of American Samoa: Provided further. That of the funds 
appropriated in this Act in title II, Operation and Maintenance, 
Navy, $1,500,000 shall be available for this purpose: Provided fur-
ther. That notwithstanding any other provision of law, funds avail-
able to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursaole basis, to American Samoa. 
SEC. 8138. (a) It is the sense of Congress that— 
(1) the Secretary of Defense should not prohibit any mili-
tary installation described in subsection (b) from bidding on 
or performing Department of Defense contracts for overhaul 
services or for depot-level maintenance of material for the 
Armed Forces that are awarded using competitive procedures; 
(2) performance of such a contract by such a military 
installation should not afTect the schedule for closure of the 
installation; 
(3) such a contract should not be entered into for the 
performance of work at such an installation if the time nec-
essary for performance of the contract extends beyond the date 
established for closure of the installation or if the performance 
of the contract at the installation would otherwise afTect the 
schedule for closure of the installation; and 
(4) such a contract awarded to a militaiy installation should 
be terminated for default if the contract is not completed on 
or before the completion date provided in the contract. 
(b) A military installation referred to in subsection (a) is a 
military installation that (1) has been approved for closure subject 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1473 
to the provisions of the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXDC of Public Law 101-510), (2) 
is in the process of implementing a conversion or reuse strategy 
for the installation to tsQce effect upon closure, and (3) has received 
some funds from the Department of Defense for the purpose of 
implementing the conversion or reuse strategy. 
SEC. 8139. It is the sense of the Congress that operators of 
industrial facilities at military installations closed after the date 
of the enactment of this Act should be permitted to qualify as 
offerors for (1) proposed Department of Defense contracts for over-
haul services for the Armed Forces, and (2) proposed Department 
of Defense contracts for depot-level maintenance of material for 
the .Ajined Forces. 
SEC. 8140. It is the sense of the Senate that the Government 
Saudi Arabia. 
of the United States and the Government of Saudi Arabia should 
work diligently and without delay to resolve satisfactorily the 
outstanding commercial disputes identified in the Department of 
Commerce letter; date May 27, 1992: Provided, That not later Reports. 
than February 1, 1994, the Secretary of Defense, after consultation 
with the Secretary of State and the Secretary of Commerce, shall 
submit a report to the Congress on the status of the process for 
the resolution of commercial disputes in Saudi Arabia and the 
prognosis for any of the disputes which remain unresolved. 
SEC. 8141. It is the sense of the Congress that— 
(a) the Secretarj-^ of the Air Force consider the comments 
of the appropriate representatives of the Duck Valley Reserva-
tion of the Shoshone-Paiute Tribes in making decisions on 
use of airspace above such reservation, 
(b) the interests of the Duck Valley Reservation of the 
Shoshone-Paiute Tribes receive the appropriate consideration 
under any pending or future National Environmental Policy 
Act process involving airspace over Duck Valley Reservation, 
and 
(c) to the extent practicable, airspace used for military 
training flights below 15,000 feet above ground level over the 
Duck Valley Reservation shall be over uninhabited areas of 
the Reservation. 
SEC. 8142. (a) It is the sense of the Congress that, for purposes Somalia. 
of section 112 of the Internal Revenue Code of 1986, the President 
should declare that service in Somalia during the period described 
in subsection (b) should be treated as service in a combat zone. 
(b) The period referred to in subsection (a) is the period begin-
ning on December 10, 1992, and ending on the date on which 
withdrawal from Somalia of all forces of the Armed Forces of 
the United States in Somalia has been completed, as declared 
in a proclamation issued by the President. 
SEC. 8143. Notwithstanding any other provision of law, the 
Secretary of the Navy shall obligate the funds appropriated for 
fiscal years 1992 and 1993 for the USH-42 Mission Recorder pro-
gram within the A-6 aircraft program: Provided, That the Secretary 
of the Navy verifies that the mission recorder is required in the 
future for Navy aircraft for peacetime training and bomb damage 
assessment in combat: Provided further. That the Secretary shall 
make this verification within thirty days of this Act becoming 
law: Provided further, That the Secretary shall obligate such funds 
within thirty days of this verification that the mission recorder 
Mission 
recorder. 
107 STAT. 1474 
PUBLIC LAW 103-139—NOV. 11, 1993 
Bosnia-
Herzegovina. 
is required in Navy aircraft for peacetime training and bomb dam-
age assessment in combat. 
Reports. 
SEC. 8144. The Secretary of Defense shall submit to Congress 
a report containing information on the cost to the United States 
of transporting supplies for the Army, Navy, Air Force, or Marine 
Corps by sea on United States-flag commercial vessels pursuant 
to tne cargo preference laws of the United States, including the 
amount of the cost savings that could have been realized if such 
supplies had been transported at competitive international shipping 
rates available from non-cargo preference vessels, the subsidization 
of foreign-flag vessels, and the impact on the viability of the United 
States merchant marine if the cargo preference requirements were 
ended. The report shall cover a cargo preference year which shall 
be a 12-month period defined by the Secretary. 
SEC. 8145. None of the funds appropriated for the Department 
of Defense for fiscal year 1994 by this Act may be used for making 
any progress payment imder the C-17 aircraft program that is 
not consistent with the requirements of section 2307(dXl) of title 
10, United States Code. 
SEC. 8146. (a) It is the sense of Congress that none of the 
funds appropriated or otherwise made available by this Act should 
be available for the purposes of deploying United States Armed 
Forces to participate m the implementation of a peace settlement 
in Bosnia-Herzegovina, imless previously authorized by the Con-
gress. 
(b) It is the sense of Congress that the limitation set forth 
in subsection (a) should not preclude missions and operations initi-
ated on or before October 20, 1993, including the provision of 
any humanitarian assistance by the Department of Defense. 
SEC. 8147. SENSE OF CONGRESS ON THE USE OF FUNDS FOR 
UNITED STATES MILITARY OPERATIONS IN HAITI.—(a) STATEMENT 
OF POLICY.—^It is the sense of the Congress that— 
(1) all parties should honor their obligations under the 
Grovemors Island Accord of July 3, 1993 and the New York 
Pactof July 16,1993; 
(2) the United States has a national interest in preventing 
uncontrolled emigration from Haiti; and 
(3) the United States should remain engaged in Haiti to 
support national reconciliation and further its interest in 
preventing uncontrolled emigration, 
(b) LIMITATION.—It is the sense of Congress that funds appro-
griated by this Act should not be obligated or expended for United 
tates military operations in Haiti unless— 
(1) authorized in advance by the Congress; or 
(2) the temporary deployment of United States Armed 
Forces into Haiti is necessary in order to protect or evacuate 
United States citizens from a situation of imminent danger 
and the Resident reports as soon as practicable to Congress 
after the initiation of the temporary deployment, but in no 
case later than forty-eight hours after the initiation of the 
temporary deployment; or 
Reports. 
(3) the deployment of United States Armed Forces into 
Haiti is vital to the national security interests of the United 
States, including but not Umited to the protection of American 
citizens in Haiti, there is not sufficient time to seek and receive 
Congressional authorization, and the President reports as soon 
as practicable to Congress after the initiation of the deplo3rment. 
Haiti. 
President. 
Reports. 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1475 
but in no case later than forty-eight hours after the initiation 
of the deployment; or 
(4) the President transmits to the Congress a written report Reports. 
pursuant to subsection (c). 
(c) REPORT.—It is the sense of Congress that the limitation 
in subsection (b) should not apply if the President reports in advance 
to Congress that the intended deplo3anent of United States Armed 
Forces into Haiti— 
(1) is justified by United States national security interests; 
(2) will be imdertaken only after necessary steps have 
been taken to ensure the safety £uid security of United States 
Armed Forces, including steps to ensure that United States 
Armed Forces will not become targets due to the nature of 
their rules of engagement; 
(3) will be imdertaken only after an assessment that— 
(A) the proposed mission and objectives are most appro-
priate for the United States Armed Forces rather than 
civilian personnel or armed forces from other nations, and 
(B) that the United States Armed Forces proposed 
for deployment are necessary and sufficient to accomplish 
the objectives of the proposed mission; 
(4) will be undertaken only after clear objectives for the 
deployment are established; 
(5) will be undertaken only after an exit strategy for ending 
the deployment has been identified; and 
(6) will be undertaken only after the financial costs of 
the deployment are estimated. 
(d) DEFINITION.—^As used in this section, the term "United 
States military operations in Haiti" means the continued deploy-
ment, introduction or reintroduction of United States Armed Forces 
into the land territory of Haiti, irrespective of whether those Armed 
Forces are under United States or United Nations command, but 
does not include activities for the collection of foreign intelligence, 
activities directly related to the operations of United States diplo-
matic or other United States Government facilities, or operations 
to counter emigration from Haiti. 
SEC. 8148. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program devel-
opmental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 10 U.S.C. 2301 note), as amended, under the author-
ity of this provision or any other transfer authority contained in 
this Act. 
SEC. 8149. Funding appropriated imder the heading "Operation 
and Maintenance, Defense-Wide" for increasing energy and water 
efficiency in Federal buildings may be transferred to other appro-
priations or funds of the Department of Defense, to be merged 
with and to be available for the same purposes, and for the same 
time period, as the appropriation or fund to which transferred. 
SEC. 8150. Upon approval by the Secretary of the Navy, clause 
(2) of section 7308(c) of title 10, United States Code, shall not 
apply with respect to the transfer of the USS Blueback by the 
Secretary of the Navy under section 7308(a) of such title. 
SEC. 8151. (a) The Congress finds that— 
Somalia. 
50 use 1541 
note. 
107 STAT. 1476 
PUBLIC LAW 103-139—NOV. 11, 1993 
(1) the United States entered into Operation Restore Hope 
in December of 1992 for the piirpose of relieving mass starva-
tion in Somalia; 
(2) the original mission in Somalia, to secure the environ-
ment for humanitarian relief, had the unanimous support of 
the Senate, expressed in Senate Joint Resolution 45, passed 
on Februaiy 4, 1993, and was endorsed by the House when 
it amended S.J. Res. 45 on May 25,1993; 
(3) Operation Restore Hope was being successfully accom-
plished by United States forces, working with forces of other 
nations, when it was replaced by the UNOSOM II mission, 
assumed by the United Nations on May 4, 1993, pursuant 
to United Nations Resolution 814 of March 26,1993; 
(4) neither the expeuided United Nations mission of 
national reconciliation, nor the broad mission of disarming the 
clans, nor any other mission not essential to the performance 
of the humanitarian mission has been endorsed or approved 
by the Senate; 
(5) the expanded mission of the United Nations was, subse-
quent to an attack upon United Nations forces, diverted into 
a mission aimed primarily at capturing certain persons, pursu-
ant to United Nations Security Council Resolution 837, of June 
6,1993; 
(6) the actions of hostile elements in Mogadishu, and the 
United Nations mission to subdue those elements, have resulted 
in open conflict in the city of Mogadishu and the deaths of 
29 ^jnericans, at least 159 wounded, and the capture of Amer-
ican personnel; and 
(7) during fiscal years 1992 and 1993, the United States 
incurred expenses in excess of $1,100,000,C)00 to support oper-
ations in Somalia. 
(b) The Congress approves the use of United States Armed 
Forces in Somalia for the rollowing purposes: 
(1) The protection of United States personnel and bases; 
and 
(2) The provision of assistance in securing open lines of 
communication for the free flow of supplies and relief operations 
through the provision of— 
(A) United States military logistical support services 
to United Nations forces; cuid 
(B) United States combat forces in a security role and 
as an interim force protection supplement to United 
Nations units: Provided, That funds appropriated, or other-
wise made available, in this or any other Act to the Depart-
ment of Defense may be obligated for expenses incurred 
only through March 31, 1994, for the operations of United 
States Armed Forces in Somalia: Provided further, That 
such date may be extended if so requested by the President 
and authorized by the Congress: Provided further, That 
funds may be obligated beyond March 31, 1994 to support 
a limited number of United States military personnel suffi-
cient only to protect American diplomatic facilities and 
American citizens, and noncombat personnel to advise the 
United Nations commander in Somalia: Provided further. 
That United States combat forces in Somalia shall be under 
the command and control of United States commanders 
under the ultimate direction of the President of the United 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1477 
States: Provided further. That the President should inten-
sify efforts to have United Nations member coimtries imme-
diately deploy additional troops to Somalia to fulfill pre-
vious force commitments made to the United Nations and 
to deploy additional forces to assume the security missions 
of United States Armed Forces: Provided further, That— 
(i) captured United States personnel in Somalia 
should be treated humanely and fairly; and 
(ii) the United States and the United Nations 
should make all appropriate efforts to ensure the 
immediate and safe return of any future captured 
United States personnel: Provided further. That the 
President shomd ensiire that, at all times. United 
States military personnel in Somalia have the capacity 
to defend themselves, and American citizens: Provided 
further. That the United States Armed Forces should 
remain deployed in or around Somalia until such time 
as all American service personnel missing in action 
in Somalia are accounted for, and all American service 
personnel held prisoner in Somalia are released: Pro-
vided further, That nothing herein shall be deemed 
to restrict in any way the authority of the President 
under the Constitution to protect the lives of Ameri-
cans. 
SEC. 8152. Funds appropriated by this Act for intelligence 
or intelligence-related activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
1994 until the enactment of the Intelligence Authorization Act 
for fiscal year 1994. 
SEC. 8153. (1) Except as provided in subsection (c) below, it 
is the sense of the Congress that none of the funds appropriated 
by this Act should be obligated or expended for costs incurred 
by the United States Armed Forces imits serving in any inter-
national peacekeeping or peace-enforcement operations under the 
authority of Chapter VI or Chapter VII of the United Nations 
Charter and under the authority of a United Nations Security 
Council Resolution, or for costs incurred by United States Armed 
Forces serving in any significant international humanitarian, peace-
keeping or peace-enforceraent operations, unless— 
(a) the President initiates consultations with the bi-par-
tisan leadership of Congress, including the leadership of the 
relevant committees, regarding such operations; these consulta-
tions should be initiated at least fifteen days prior to the 
initial deplojnnent of United States Armed Forces units to 
participate in such an operation, whenever possible, but in 
no case later than forty-eight hours after such a deployment; 
and these consultations should continue on a periodic basis 
throughout the period of the deployment; 
(b) such consultation should include discussion of— 
(1) the goals of the operation and the mission of any 
United States Armed Forces units involved in the oper-
ation; 
(2) the United States' interests that will be served 
by the operation; 
(3) the estimated cost of the operation; 
107 STAT. 1478 
PUBLIC LAW 103-139—NOV. 11, 1993 
(4) the strategy bv which the President proposes to 
fund the operation, including possible supplemental appro-
priations or payments from international organizations, for-
eign countries or other donors; 
(5) the extent of involvement of armed forces and other 
contributions of personnel 
frt>m 
other nations; 
(6) the operation's anticipated duration and scope; 
(c) subsection (a) does not apply with respect to an inter-
national humanitarian assistance operation carried out in 
response to natural disasters; or to any other international 
humanitarian assistance operation if the President reports to 
Congress that the estimated cost of such operation is less 
than $50,000,000. 
(2) Further, it is the sense of the Congress— 
(a) that the President should seek a supplementel appro-
priation to defray the costs of United Stetes militery operations 
in Somalia in order to restore needed operation and mainte-
nance funds for United Stetes Armed Forces; 
(b) that the President should seek supplementel appropria-
tions for any significant future deployment of United Stetes 
Armed Forces wnen such forces are to perform or have been 
performing international humaniterian, peacekeeping or peace-
enforcement operations. 
Contracts. 
SEC. 8154. The Department shall ensure that the A-6 rewing 
contracts are terminated this fiscal year: Provided, That none of 
the funds recouped by the Department through the termination 
of the A-6 rewing program shall be available for obligation or 
expenditure during this fiscal year. 
SEC. 8155. None of the funds available to the Department 
of Defense shall be available to make progress pajnnents based 
on costs to large business concerns at rates in excess of 75 percent 
on contract solicitetions issued after enactment of this Act. 
SEC. 8156. Not to exceed $100,000,000 of the funds provided 
in this Act may be made available for payment to non-United 
States government entities for logistical support of Somalia oper-
ations: Provided, That the Congressional Defense Committees are 
notified in advance of any obligations providing such support: Pro-
vided further, That any funds obligated pursuant to this authority 
shall be reimbursed by the United Nations to the Department 
of Defense to the originating appropriations. 
TITLE D
C 
SEC. 9001. Congress m£ikes the following findings: 
(1) The Armed Forces of the United Stetes have conducted 
combat operations under the operational control of foreign 
commanders on numerous occasions, including during two 
World Wars. 
(2) Regional security organizations, such as the North 
Atlantic Treaty Organization, are premised on militery oper-
ations by the forces of a number of nations under an integrated 
chain of command consisting of officers from member nations. 
(3) The end of the Cold War has seen a substantial increase 
in the conduct of international "peacekeeping" and "peace 
enforcement" operations pursuant to decisions of the United 
Nations Security Council under Chapters VI and VII of the 
United Nations Charter. 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1479 
(4) The United Nations has conducted traditional "peace-
keeping" operations successfully over the years, but the number 
and size of such operations has stretched the Organization's 
management and oversight capabilities thin. 
(5) The United Nations has not yet acquired the expertise 
or infrastructure to enable it to effectively manage "peace 
enforcement" operations. 
(6) Any special agreement negotiated by the President with Congress. 
the United Nations Security Council to make units of the 
United States Armed Forces available on call to the United 
Nations must be approved by the Congress pursuant to the 
United Nations Participation Act, enacted into law in 1945. 
(7) Any decision by the President to place combat forces 
of the Armed Forces of the United States under the operational 
control of foreign commanders, other than pursuant to the 
North Atlantic Treaty and other arrangements in effect at 
the time of the enactment of this Act, has significant con-
sequences for such forces, the Congress, and the American 
people. 
SEC. 9002. It is the sense of the Congress that— 
(1) the Armed Forces of the United States must be under 
the operational control of qualified commanders; and must have 
clear and effective command and control arrangements; appro-
priate rules of engagement; and clear and unambiguous mission 
statements; 
(2) the President should consult with Congress before plac-
ing combat forces of the Armed Forces of the United States 
imder the operational control of foreign commanders, other 
than pursuant to the North Atlantic Treaty and other arrange-
ments in effect at the time of the enactment of this Act; and 
(3) the President should submit a report to Congress within Reports. 
48 hours after placing combat forces of the Armed Forces of 
the United States under the operational control of foreign 
commanders, other than pursuant to the North Atlantic Treaty 
and other arrangements m effect at the time of the enactment 
of this Act, setting forth— 
(A) the mission of such forces and a clear explanation 
of the difference, if any, between the mission of such forces 
and the mission of the forces of other nations participating 
in the same military operations; 
(B) in a case in which the operation is conducted under 
the auspices of the United Nations, an assessment of the 
United Nations capability to effectively manage the oper-
ation; 
(C) an explanation of the United States interest that 
would be served by and the justification for placing such 
forces under the operational control of a foreign commander 
in this inst£Uice; 
(D) the command and control arrangements for the 
operation of which the forces of the Armed Forces of the 
United States are a part; 
(E) the number, type and general description of equip-
ment of such forces; 
(F) the estimated cost to the United States of the 
participation of such forces; 
(G) the anticipated duration of the participation of 
such forces; 
107 STAT. 1480 
PUBLIC LAW 103-139—NOV. 11, 1993 
(H) a general description of the rules of engagement 
for such forces; and 
(I) the foreign commander or commanders involved. 
TITLE X 
CONVEYANCE OF KAHO'OLAWE ISLAND, HAWAII, TO THE STATE OF 
HAWAII 
SEC. 10001. (a) PURPOSE.—It is timely and in the interest 
of the United States to recognize and fulfill the commitments made 
on behalf of the United States to the people of Hawaii and to 
return to the State of Hawaii the Island of K^ho'olawe. Kaho'olawe 
Island is among Hawaii's historic lands and has a long, docimiented 
history of cultural and natural significance to the people of Hawaii 
reflected, in part, in the Island's inclusion on the National Register 
of Historic Places and in the longstanding interest in the return 
of the Island to State sovereignty, public access and use. Congress 
finds that control, disposition, use and management of K£dio'olawe 
is affected with a Federal interest. It also is in the national interest 
and an obligation undertaken by Congress and the United States 
imder this and other Acts, and in furtherance of the purposes 
of Executive Order 10436 (1953), to recognize the cultural and 
humanitarian value of assuring meaningfiil, safe use of the Island 
for appropriate cultural, historical, archaeological and educational 
purposes as determined by the State of Hawaii and to provide 
for the clearance or removal of unexploded ordnance and for the 
environmental restoration of the Island for such purposes. Congress 
also finds it is in the national interest and an essential element 
in the Federal Grovemment's relationship with the State of Hawaii 
to ensure that the conveyance, clearance or removal of unexploded 
, 
ordnance, environmental restoration, control of access to the Island 
and future use of the Island be undertaken in a manner consistent 
with the enhancement of that relationship, the Department of 
Defense's military mission, the Federal interest and applicable 
provisions of law. 
(b) CONVEYANCE.—Subject to section 10001(e) of this Act, the 
United States, through the Secretary of the Navy (also, hereinafter, 
"the Secretar/'), shall, notwithstanding section 120(h) of the Com-
prehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9620 (h)) convey and return, without consid-
eration and without conditions other than those set forth in or 
required bjr this Act, to the State of Hawaii all right, title and 
interest of the United States, except that interest set forth in 
section 10001(dX2) and section 10001(e) of this Act, in and to 
that parcel of property consisting of approximately 28,776 acres 
of land known as Kaho'olawe Island, Hawaii and its surrounding 
waters. Such conveyance of title shall occur no later than one 
hundred eighty days from the date of enactment of this Act and 
the appropriation of funds for such purposes described in this 
Act. 
(c) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the parcel of property to be conveyed under section 
10001(b) shall be determined by a survey that is deemed satisfactory 
by the State of Hawaii in consultation with the Secretary. The 
cost of the survey shall be borne by the Secretary, making use 
of fimds provided piirsuant to this Act. 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1481 
(d) IMPLEMENTATION.—(1) The Secretary shall carry out the 
requirements of this Act following consultation with the State of 
Hawaii as reqmred by section 10002 of this Act and with the 
technical and logistical support, as needed, of the United States 
Army Corps of Engineers and other Federal agencies. 
(2) Notwithstanding any other provision of this Act, the Sec-
retary shall retain the control of access to the Island, in consultation 
with the State of Hawaii and prior to and following the entering 
into force of the Memorandum of Understanding contained in sec-
tion 10002 of this Act, until either clearance and restoration are 
completed or within no more than ten years after the date of 
enactment of this Act, whichever comes first, and control of access 
is transferred to the State of Hawaii, pursuant to such conditions. 
(e) INDEMNIFICATION AND THE CONTROL OF ACCESS.—(1) 
The 
Navy shall retain control of the access to the Island during the 
time period set forth in section 10001(dX2) of this Act that it 
is undertaking unexploded ordnance removal and hazardous mate-
rials removal activities required in this Act. 
(2) During the time period the United States retains control 
of access to the Island, the United States shall hold harmless, 
defend and indemnify the State of Hawaii or its political subdivi-
sions from and against all claims, demands, losses, damages, liens, 
liabilities, injuries, deaths, penalties, fines, lawsuits and other 
proceedings, judgments, awards and reasonable costs and expenses 
arising out of, or in any manner predicated upon, the presence, 
release or threatened release or any munitions, exploded or 
iinexploded ordnance, solid waste associated with such ordnance 
or hazardous substance, pollutant or contaminant resulting from 
the activities of the Department of Defense, including the activities 
of the Department of the Navy and the Department of the Army 
and any agent, employee, lessee, licensee, independent contractor 
or other person on the property during such time that the property 
was and remains under the control of the Department of Defense, 
Navy, Army or other agencies of the United States Government. 
Notwithstanding this subsection or any other provision of law, 
response action contractors shall not be held harmless, defended 
or indemnified for activities under this title and activities of 
response action contractors are not included as activities of the 
Department of Defense imder this subsection. 
The term "response action contractor" has the meaning given 
such term in section 119(e)(2) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9619(eX2)), except that such term includes a person who enters 
into, and is carrying out,, a contract to provide at a facility (including 
a facility not listed on the National Priorities List) a response 
action with respect to any release or threatened release from the 
facility of a hazardous substance or pollutant or contaminant, or 
a similar action with respect to petroleum or its derivatives. 
(3) Nothing in this Act is intended to alter or affect the Federal 
or State requirements of law governing liability following the trans-
fer of control of access to the State of Hawaii, except that the 
United States shall remain liable for and retain responsibility for 
any environmental restoration, remediation, or corrective action 
required at the property conveyed in paragraph (b). 
107 STAT. 1482 
PUBLIC LAW 103-139—NOV. 11, 1993 
COOPERATION 
OF 
FEDERAL 
DEPARTMENTS 
AND 
THE 
STATE 
OF 
HAWAII 
AND 
TRANSFER 
OF 
CONTROL 
OF 
ACCESS 
SEC. 10002. (aXD Upon the request of the Secretary or the 
State of Hawaii, and in accordance with existing laws and require-
ments, any department or agency of the Federsu Government may 
provide assistance to the Secretary or the State of Hawaii, as 
the case may be, in carrying out their respective duties under 
this Act. 
(2) Within one hundred eighty days following passage of this 
Act, and notwithstanding any other provision of law, the Secretary 
shall consult with and enter into a Memorcuidiun of Understanding 
with the State of Hawaii governing the terms and conditions of 
(i) access to the Island for those purposes set forth in sections 
' 
10001 and 10002 of this Act and any other cultural, archeological, 
educational and planning purposes provided for in this title, giving 
due regard to the risk of harm to public health and the environment 
and safety involved in providing such access and the need to avoid 
interference with or disruption of the Navy's clearance, removal 
and remediation activities; (ii) the timing, planning, methodology^ 
and implementation of ordnance clearance or removal and hazard-
ous substance clearance and other waste removal and the protection 
of historical, cultural and religious sites and artifacts: Provided, 
That all reasonable effort should be made to avoid harm to such 
sites and artifacts from the detonation of unexploded ordnance, 
clearance or removal of ordnance, and hazardous substance clear-
ance; (iii) the establishment of a two-tiered standard of restoration 
and ordnance clearance, removal, restoration and safety, taking 
into account the purpose for which any geographic area will be 
used and the nature and purpose of himian access to such area, 
but assuring the protection of human health and the environment; 
(iv) the means for protecting historical, cultural and religious sites 
and artifacts from intentional destruction, harm and vandalism; 
(v) public participation, as appropriate, including the opportunity 
for public comment and hearing; and (vi) the means for regular 
interval clean-ups and removal of newly discovered previously unde-
tected ordnance by the Navy. Under any such terms and conditions, 
the Secretary shall be assured full and necessary access to carry 
out the obligations of the Secretary arising out of the responsibilities 
and liabilities of this title. Such terms and conditions shall remain 
in existence until the completion of the restoration and remediation 
activities required by section 10002 of this Act and be revised 
periodically by mutual consent and giving due regard to the impor-
tance of access to the Island as the level of clean-up, restoration 
and remediation moves toward attainment. Nothing in this title 
is intended to diminish or alter the rights and responsibilities 
of the Navy to allow access to the Island that existed prior to 
the enactment of this title. 
(3) The United Stetes, through the Secreteiy of the Navy, 
shall transfer the control of access to the Stete of Hawaii within 
no more than ten years from the date of enactment of this Act 
or when the activities required by this Act, including ordnance 
clearance or removal activities and environmentel remediation 
activities are completed, whichever comes first. 
(4) Notwithstanding the duties and obligations set forth in 
this title and notwithstanding the conveyance required under sec-
tion 10001, the Stete of Hawaii shall not be liable or responsible 
PUBLIC LAW 103-139—NOV. 11, 1993 
107 STAT. 1483 
for the conduct of any clean-up and response actions arising from 
and relating to the use, environmental clean-up and ordhiance 
removal and remediation of Kaho'olawe Island and its adjacent 
waters. 
KAHO'OLAWE ISLAND CONVEYANCE, REMEDIATION, AND 
ENVIRONMENTAL RESTORATION TRUST FUND 
SEC. 10003. (a) There is established on the books of the Treas-
ury of the United States a fond to be known as the "Kaho'olawe 
Island Conveyance, Remediation, and Environmental Restoration 
Fund" (hereinafter in this subsection referred to as the "Fund"). 
The Fund shall be administered by the Secretary of the Treasury. 
The Fund shall be used for the accumulation of funds in order 
to pay the obligations incurred by the Secretary of the Navy or 
the Department of Defense in carrying out the purposes of this 
Act and for properly allocable costs of the Federal Grovemment 
in the administration of the Fund. 
(b) There shall be deposited into the Fund the following, which 
shall constitute the assets of the Fimd: 
(1) Amounts paid into the Fund from any source. 
(2) Any amount appropriated to the Fimd. 
(3) Any return on investment of the assets of the Fund. 
(c) To the extent provided in appropriation Acts, the assets 
of the Fund shall be available for obligation by the Secretary 
of the Navy to carry out the purposes of this Act. 
(d) There is authorized to be appropriated into the Fimd 
$400,000,000, which may be appropriated as a lump sum or in 
annual increments. Of the amoimts deposited into the Fund, not 
less than 11 percent shall be made available to the State of Hawaii 
to carry out the provisions of section 10002 of this Act. 
(e) Amounts appropriated to the Fund shall remain available 
until obligated or until the Fund is terminated. 
(D Upon payment of all incremental costs associated with the 
purposes for which the Fund is established, the Fund shall be 
terminated. 
(g) Subject to the provisions of this section, the Secretary is 
authorized to provide $45,000,000 to the State of Hawaii for the 
purpose of long term planning and implementation by the State 
of (i) such long term planning, (ii) environmental restoration activi-
ties, and (iii) the terms and conditions set forth in the Memorandum 
of Understanding required by section 10002 of this Act, concerning 
Kaho'olawe Island and its adjacent waters. Such fUnds as are 
provided by the Secretary for the purpose of carrjring out this 
section shall be made available to the State by the Secretary from 
funds made available pursuant to this Act and shall be provided 
to the State of Hawaii. 
(h) Funds in addition to those provided piu'suant to section 
10003(g) may be provided to the State of Hawaii upon the submis-
sion of an acceptable plan containing the elements identified in 
10003(g) of this Act and demonstrating, to the satisfaction of the 
Secretary, that such funds are necessary to the proper fulfillment 
of such elements and the purposes of this Act. The Secretary shall 
have sole discretion to award such additional funds, however, the 
award of such funds shall not be unreasonably withheld. 
107 STAT. 1484 
PUBLIC LAW 103-139—NOV. 11, 1993 
ANNUAL REPORT TO CONGRESS AND RELATED DISPUTE RESOLUTION 
SEC. 10004. (a) The Secretary shall submit annually a report, 
in detail, describing compliance with the provisions of this Act. 
Hawaii. 
Such report shall include the comments of the State of Hawaii 
and be submitted to the Defense Committees of Congress. 
(b) Federal courts shall have jurisdiction to ei^orce the terms, 
conditions and provisions of this Act, regarding the activities, duties, 
and responsibilities of the United States, its departments, agencies, 
and instrumentalities set forth in this Act and occurring on the 
Island of Kaho'olawe and in its adjacent waters. In any judicial 
review under this Act, the United States or the State, or both, 
if not a party may intervene as a matter of right. The United 
States, its departments, agencies and instrumentalities shall be 
subject to only such injimctive relief as may be imposed by the 
court to enforce compliance with the terms of this Act and the 
Memorandum of Understanding. Such compliance shall be enforced 
giving due regard to the need for expeditious clean-up imder the 
terms and conditions of this Act. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1994". 
Approved November 11, 1993. 
LEGISLATIVE HISTORY—H.R. 3116: 
HOUSE REPORTS: Nos. 103-254 (Comm. on Appropriations) and 103-339 (Comm. of 
SENATE REPORTS: No. 103-153 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Sept. 30, considered and passed House. 
Oct. 13-15, 18-21, considered and passed Senate, amended. 
Nov. 10, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 29 (1993): 
Nov. 11, Presidential statement. 
. 
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