Department of Defense Appropriations Act, 1993
PL 102-396 (H.R.5504), enacted 10/06/1992

106 STAT. 1876 
PUBLIC LAW 102-396—OCT. 6, 1992 
Public Law 102-396 
102d Congress 
An Act 
Oct. 6,1992 
Making appropriations for the Department of Defense for the fiscal year ending 
[H.R. 5504] 
September 30, 1993, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Department of 
the United States of America in Congress assembled, That the 
Defense 
following siims are appropriated, out of any money in the Treasury 
Act'Tg'gs "
"
^
^ 
^'^^ otherwise appropriated, for the fiscal year ending September 
30, 1993, for mihtary 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 permanent 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; $23,238,457,000. 
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 the 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 Fimd; $19,228,564,000. 
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 
temporanr 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)), 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1877 
and to the Department of Defense Military Retirement Fund; 
$5,980,998,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all 
expenses thereof for oganizational movements), and expenses of 
temporanr duty travel between permanent duty stations, for mem-
bers of the 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 Fund; $18,522,963,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve on active 
dutv 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 (Jfificers* Training 
Corps, 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; $2,170,496,000. 
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 imdergoing 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; $1,653,200,000. 
RESERVE 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 imdergoing 
reserve training, or while performing drills or equivalent duty, 
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 MiUtary Retirement Fund; $345,526,000. 
106 STAT. 1878 
PUBLIC LAW 102-396—OCT. 6, 1992 
RESERVE PERSONNEL, AIR FORCE 
For pav, allowances, clothing, subsistence, gratuities, travel, 
and related esmenses 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 specined in section 678(a) of title 10, United States Code, 
or while undergoing reserve training, or while performing drills 
or equivalent duty or other duty, and for members of the Air 
Reserve Officers' Training Corps, and expenses authorized by sec-
tion 2131 of title 10, United States Code, as authorized by law; 
and for pa3rments to the Department of Defense Military Retirement 
Fund; $729,019,000. 
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; $3,239,702,000. 
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 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 imdergoing 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 Department 
of Defense Military Retirement Fund; $1,166,100,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
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; 
$13,442,418,000 and, in addition, $2,229,000,000, to be derived by 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1879 
transfer from the Defense Business Operations Fund upon comple-
tion of the identification of residual inventories and the initiation 
of the transfer of such inventories to the wholesale supply system 
of the Defense Business Operations Fimd: Provided, That $450,000 
shall he made available only for the 1993 Memorial Day Celebration 
and $450,000 shall be made available only for the 1993 Capitol 
Fourth Proiect: Provided further, That of the amounts appropriated 
under this heading, $120,000,000 shall not be obligated or expended 
until such time as the Secretary of Defense certifies to the Commit-
tees on Appropriations of the House of Representatives and the 
Senate that the percentage of United States military base operations 
and foreign national employee pay costs offset by financial or assist-
ance-in-kmd contributions made by European governments will 
increase during the fiscal year ending September 30, 1993: Provided 
further, That of the fimds appropriated imder this heading, 
$36,000,000 shall be made available only for the procurement of 
the Extended Cold Weather Clothing System (ECwCS): Provided 
further. That not less than $1,715,000 shall be made available 
only for the environmental assessment and environmental cleanup 
of the Badger Army Ammunition plant: Provided further. That 
not less than $7,000,000 shall be made available only for the 
environmental cleanup of the National Presto Industries Eau Claire 
facility: Provided further. That $1,000,000 of the funds appropriated 
under this heading shall be available for providing militant police 
training for Marine Corps personnel at Fort McClellan, Alabama: 
Provided further. That of the fiinds appropriated under this para-
graph, $14,000,000 shall be available lor Presidio of San Francisco, 
to be expended for ongoing operations and maintenance costs associ-
ated with the transition to the National Park Service, to be jointly 
determined with the National Park Service: Provided further. That 
of the funds appropriated under this paragraph, $100,000 shall 
be available only to connect Lowry Grove Mobile Home Park to 
the St. Anthony, Minnesote, municipal water supply system. 
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 $5,005,000 can be used 
for emergencies and extraordinanr 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 
miUtary purposes; $19,108,558,000 and, in addition $94,500,000, 
to be derived by transfer fi'om the Defense Business Operations 
Fund upon completion of the identification of residu£il inventories 
and the initiation of the transfer of such inventories to the wholesale 
supply system of the Defense Business Operations Fund: Provided, 
That fiuids appropriated or made available in this Act shall be 
obligated and expended to restore and maintain the facilities, activi-
ties and personnel levels, including specifically the medical faciUties, 
activities and personnel levels, at the Memphis Naval Complex, 
Millington, Tennessee, to the fiscal year 1984 levels: Provided fur-
ther. That of the amounts appropriated under this heading, 
$25,000,000 shall not be obligated or expended until such time 
as the Secretary of Defense certifies to the Committees on Appro-
priations of the House of Representetives and the Senate uiat 
106 STAT. 1880 
PUBLIC LAW 102-396—OCT. 6, 1992 
the percentage of United States military base operations and foreign 
national employee pay costs offset by finsincial or assistance-in-
kind contributions made by European governments will increase 
during the 
fisc€d 
year ending September 30, 1993: Provided further. 
That of the fimds appropriated imder this heading, $1,000,000 
shall be made available only for the conduct of an Environmental 
Impact Study at Bellows ^ r Force Base: Provided further. That 
of the funds appropriated under this heading $900,000 shall be 
made available only for the development of a miUtary land use 
plan in Hawaii, under the direction of the Commander-in-Chief, 
United States Pacific Command. 
OPERATION AND MAINTENANCE, MARINE CORPS 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
by law; $1,383,138,000 and, in addition, $58,500,000, to be derived 
by transfer from the Defense Business Operations Fund upon 
completion of the identification of residual inventories and the 
initiation of the transfer of such inventories to the wholesale supply 
system of the Defense Business Operations Fund: Provided, That 
none of the funds appropriated in this paragraph may be used 
for the conversion of facilities maintenance, utilities, and motor 
transport functions at Cherry Point Marine Corps Air Station, 
North Carolina, to performance by private contractor under the 
procedures and requirements of 0MB Circular A-76 until the Gen-
eral Accounting Omce completes their audit and validates the deci-
sion: Provided further. That from within fimds provided in this 
paragraph, $3,000,000 shall be available only for Marine Corps 
child abuse prevention program. 
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 $8,912,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Air Force, and payments may be made 
on his certificate of necessity for confidential military purposes; 
$16,009,040,000 and, in addition, $672,000,000, to be derived by 
transfer from the Defense Business Operations Fimd upon comple-
tion of the identification of residual inventories and the initiation 
of the transfer of such inventories to the wholesale supply system 
of the Defense Business Operations Fund: Provided, liiat of tlie 
amoimts appropriated under this heading, $30,000,000 shall not 
be obligated or expended until such time as the Secretary of Defense 
certifies to the Committees on Appropriations of the Hoiise of Rep-
resentatives and the Senate that the percentage of United States 
miUtary base operations and foreign national employee pay costs 
offset by financial or assistance-in-kind contributions made by Euro-
pean governments will increase during the fiscal vear ending 
September 30, 1993: Provided further, That, of the funds appro-
priated under this heading, $7,000,000 shall be made available 
only for the operation of the Theater Air Command Control and 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1881 
Simulation Facility at Kirtland Air Force Base: Provided further, 
That of the funds appropriated under this heading, $15,500,000 
shall be made available only to operate, maintain and enhance 
the Tactical Interim CAMS and REMIS Reporting System 
(TICARRS) and the Smart Data System (SDS): Provided further, 
That SDS be maintained, with direct maintenance data input, as 
the supporting system for the F-117A aircraft: Provided further. 
That TICARRS be maintained, with direct maintenance data input, 
as the supporting system for the F-15 and F-16 aircraft supported 
by TICARRS as of October 1, 1992: Provided further. That of the 
funds appropriated under this heading, $4,000,000 shall be made 
available only to immediately complete the necessary comprehensive 
testing and continued environmental restoration of tne former 
Olmsted Air Force Base, Pennsylvania. 
OPERATION AND MAINTENANCE, DEFENSE AGENCIES 
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; $8,778,004,000, of which not to exceed $25,000,000 
may he available for the CINC initiative fund account; and of 
which not to exceed $16,560,000 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 military purposes: Provided, 
That of the funds appropriated by this paragraph, $815,110,000 
shall be made available only for the Special Operations Command: 
Provided further, That, of the funds appropriated imder this head-
ing, not less than $50,000,000 shall be made available only for 
the global disaster relief activities of the Department of De^nse: 
Provided further. That, of the funds appropriated imder this head-
ing, not less than $10,000,000 shall be made available only for 
the disaster relief planning and studies of the Department of 
Defense as they relate to Department of Defense installations world-
wide: Provided further, That, of the funds appropriated under this 
heading, not less than $50,000,000 shall be made available only 
for the Legacy Resource Management Program: Provided further. 
That of the funds appropriated under this heading, $500,000 may 
be made available only for the Hawaiian Volcano Observatoiy for 
monitoring volcanic activity affecting the United States Army 
Pohakuloa Training Area: Provided further. That of the funds appro-
priated under this heading, $50,000,000 may be made available 
to the Office of Economic Adjustment for economic conversion 
projects at the Philadelphia Naval Shipyard: Provided further. That 
of the funds appropriated under this heading, $40,000,000 may 
be made available for the Civilian Commumty Corps program: 
Provided further, That not less than $2,000,000 shall be made 
available only for a feasibility study on the use of a rotary reactor 
thermal destruction technology in the treatment and disposal of 
waste regulated under the Resource Conservation and Recovery 
Act of 1976. 
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-
106 STAT. 1882 
PUBLIC LAW 102-396—OCT. 6, 1992 
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,038,525,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including 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; $850,745,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including 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, 
supphes, and equipment; and communications; $77,870,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
phes, and equipment; and communications; $1,195,024,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Army National Guard, including medicsd 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 (otiier than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard division, 
regimental, and battaUon commanders while inspecting units in 
compliance with National Guard Bureau regulations when spedfi-
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 
supphes and equipment (including aircraft); and to establish the 
STARBASE youth education pro-am; $2,255,623,000: Provided, 
That of the funds appropriated in this paragraph, $10,000,000 
shall be available for a National Guard Outreach Program in the 
Los Angeles School District. 
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 esqpenses of facilities for the training and administration 
of the Mr National Guard, including repair of faciUties, mainte-
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1883 
nance, operation, and modification of aircraft; transportation of 
things; mre 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 dut^, 
for Air National Guard commanders while inspecting units m 
compUance with National Guard Bureau regulations when specifi-
cally auUiorized by the Chief, National 
Guard Bureau; 
$2,493,689,000. 
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 
in marksmanship; the promotion of riile 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 
$2,700,000. 
COURT OF MILITARY APPEALS, DEFENSE 
For salaries and expenses necessary for the United States 
Court of Military Appeals; $5,900,000, 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; $1,199,700,000, to remain avail-
able until transferred: Provided, That the Secretarv of Defense 
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste, 
research and development associated with hazardous wastes and 
removal of unsafe ouildings 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 necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further. That if an entity to which property is transferred (or 
leased) is a State or political subdivision of a State, the United 
106 STAT. 1884 
PUBLIC LAW 102-396—OCT. 6, 1992 
States shall hold harmless, defend and indemnify such entity from 
and against all claims, demands, losses, damages, liens, liabilities, 
ii\juries, deaths, penalties, fines, lawsuits and other proceedings, 
judgments, awards and costs and expenses arising out of, or in 
any manner predicated upon, the presence, release or threatened 
release of any hazardous substance, pollutant or contaminant result-
ing from the activities of the Department of Defense, (including 
the activities of any lessee, licensee or other person on the property 
during any time that the property was under the control of the 
Department of Defense): Provided further, That the terms liazard-
ous substance" ("pollutant or contaminant" and "release" shall mean 
any hazardous waste, substance or toxic material, or their discharge 
or release, that is regulated under Wy environmental law or 
regulation applicable to the property, and) shall include petroleum, 
including crude oil; naturcd gas, liquified natural gas; and asbestos: 
Provided further, That the term "State or political subdivision of 
a State" shall include the State's or the political subdivisionVs^cces-
sors, assigns, transferees and lessees, and any person who, without 
participating in the management of the property, holds indicia 
of ownership primarily to protect its security interest in the property 
or improvements on the property: Provided further. That, of the 
fimds provided imder this heacfing, 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. 
HUMANITARIAN ASSISTANCE 
For transportation for humanitarian relief for the people of 
Afghanistan and Cambodia, acquisition and shipment of transpor-
tation assets to assist in the distribution of such relief, and for 
transportation and distribution of humanitarian relief supplies, and 
excess non-lethal property for worldwide humanitarian relief, as 
authorized by law; $28,000,000, to remain available for obligation 
until September 30, 1994: Provided, That the Depsurtment of 
Defense shall notify the Committees on Appropriations and Armed 
Services of the Senate and House of Representatives 15 days prior 
to the shipment of humanitarian relief which is intended to be 
transported and distributed to countries not previously authorized 
1
0 use 401 note, by Congress: Provided further, That where required and notwith-
standing any other provision of law, funds made available under 
this heading for fiscal year 1993 or thereafter, shall be av£dlable 
for emergency transportation of United States or foreign nationals 
or the emergenQT transportation of himianitarian relief personnel 
in coi^junction with humanitarian relief operations. 
WORLD UNIVERSITY GAMES 
For logistical support and personnel services including initial 
pl£inning for security needs (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 University 
Games) provided by any component of the Department of Defense 
to the World University Games; $6,000,000. 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1885 
SUMMER OLYMPICS 
For logistical support and personnel services (other than pay 
and nontravel related allowances of members of the Armed Forces 
of ttie 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 Olympiad to be held in Atlanta, 
Georgia) 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 Organizing Committee) provided by any 
component of the Department of Defense to the World Cup USA 
1994 Organizing Committee; $9,000,000. 
REAL PROPERTY MAINTENANCE, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For the maintenance of real property of the Department of 
Defense under this title of this Act, as follows: 
Army, $507,962,000, 
Navy, $354,246,000, 
Marine Corps, $96,679,000, 
Air Force, $356,929,000, 
Defense Agencies, $67,261,000, 
Army Reserve, $20,502,000, 
Navy Reserve, $24,631,000, 
Air Force Reserve, $25,186,000, 
Army National Guard, $30,400,000, 
Air National Guard, $36,233,000, 
In all: $1,520,029,000, to remain available for obligation until 
September 30, 1994, and in addition, during the current fiscal 
year, the Secretary of Defense shall transfer such funds as are 
available up to $400,000,000 from the National Defense Stockpile 
Transaction Fimd, to remain available for obligation imtil Septem-
ber 30, 1994: Provided further, That $200,000,000 of the funds 
transferred from the National Defense Stockpile Transaction Fund 
shall be available for the minor construction and msgor repair 
of real property for the military services and Defense Agencies, 
and the remainder shall be available only for repairing property 
which has been identified by the Department of Defense as part 
of a backlog of maintenance and repair projects in the justification 
material accompanying the President's budget request for fiscal 
year 1993: Provided further, That the funds transferred from the 
National Defense Stockpile Transaction Fund for repairing property 
identified as part of a backlog of maintenance and repair projects 
shall be allocated by the Comptroller, Department of Defense, for 
the projects determined by the Department of Defense as the high-
est priority for repair: Provided further. That of the funds available 
under this heading, $27,000,000 shall be available only for the 
repair of property identified as part of a backlog of maintenance 
and repair projectis at the Presidio of San Francisco. 
106 STAT. 1886 
PUBLIC LAW 102-396—OCT. 6, 1992 
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-
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 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,441,842,000, to 
remain available for obligation until September 30,1995. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
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; $1,051,667,000, to 
remain available for obligation until September 30,1995. 
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; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the 
foregoing purposes; $921,389,000, to remain available for obligation 
until September 30,1995: Provided, That notwithstanding any other 
provision of law, funds received from the sale of M48- and M60-
series tanks from the Army inventory by the United States under 
the Arms Export Control Act in the amount of $196,625,000 in 
fiscal year 1991 and $771,000 in fiscal year 1992 shall be available 
only for the Ml-series tank upgrade program. 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1887 
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, Unitea 
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 
Grovemment and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $1,094,260,000, of 
which $200,000,000 shall be available only for the Armament 
Retooling and Manufacturing Support Initiative, to remain available 
for obligation imtil September 30,1995. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and nontracked combat 
vehicles; the purchase of not to exceed 1 vehicle required for physical 
security of personnel, notwithstanding price limitations applicable 
to passenger vehicles but not to exceea $180,000 per vehicle; the 
purchase of not to exceed 38 passenger motor vehicles for replace-
ment only; communications and electronic equipment; other support 
equipment; spare parts, ordnance, 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 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes; $3,047,053,000, to 
remain available for obligation until September 30,1995. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized eauipment; 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 
Government 
and 
contractor-owned 
equipment 
layaway; 
$6,026,213,000, to remain available for obligation until Septem-
ber 30,1995. 
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 
interests therein, may be acquired, and construction prosecuted 
106 STAT. 1888 
PUBLIC LAW 102-396—OCT. 6, 1992 
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; $3,760,697,000, to remain available for obligation 
until September 30,1995. 
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 
and installation thereof in public and private plants; reserve plant 
and 
Government 
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: 
Carrier replacement program, $832,200,000; 
RefueUng overhauls, $37,239,000; 
DDG-61 destroyer program, $3,265,770,000; 
LHD-1 amphibious assault ship program, $305,000,000: 
Provided, That the Secretary of the Navy is hereby granted 
the authority to enter into a contract for an LHD-1 amphibious 
assault ship which shall be funded on an incremental basis; 
LSD-41 cargo variant ship program, $300,000,000; 
MHC coastal mine hunter program, $236,205,000; 
AOE combat support ship program, $300,000,000; 
Oceanographic ship pro-am, $19,500,000; 
For craft, outfitting, post delivery, and first destination 
transportation, and inflation adjustments, $682,373,000; 
In all: $5,978,287,000, to remain available for obligation until 
September 30, 1997: Provided, That additional obligations may 
be incurred after September 30, 1997, 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 shipyards for the 
construction of major components of the hml or superstructure 
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 
equipment 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 602 passenger motor 
vehicles of which 574 shall be for replacement only; expansion 
of public and private plants, including the land necessary tnerefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation or equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government 
ana 
contractor-owned 
equipment 
layaway; 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1889 
$5,615,325,000, to remain available for obligation until Septem-
ber 30,1995. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, ammunition, military equip-
ment, spare parts, and accessories therefor; plant equipment, appli-
ances, and machine tools, and installation thereof in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; vehicles for the Marine Corps, including the 
purchase of not to exceed 46 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; $824,607,000, to remain available for obligation until 
September 30,1995. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants, Government-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; $10,029,285,000, 
to remain available for obligation until September 30, 1995. 
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; $4,369,524,000, to remain available for 
obligation until September 30,1995. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidsince and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and 
spare parts therefor, not otnerwise provided for; the purchase of 
not to exceed 1 vehicle 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 611 passenger motor vehicles of which 425 shall be for 
106 STAT. 1890 
PUBLIC LAW 102-396—OCT. 6, 1992 
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-
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; $7,686,524,000, to remain available for obligation 
until September 30,1995. 
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; $1,567,200,000, to remain avail-
able for obligation until September 30,1995. 
PROCUREMENT, DEFENSE AGENCIES 
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 seoirity 
of personnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $180,000 per vehicle; the purchase 
of not to exceed 565 passenger motor vehicles, of which 554 shall 
be for replacement only; expansion of public and private plants, 
equipment, and installation tnereof 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; 
$1,962,058,000, to remain available for obligation until Septem-
ber 30,1995. 
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, 
rehabilitetion, lease, and operation of facilities and equipment, as 
authorized by law; $6,032,860,000, to remain available for obligation 
luitil September 30, 1994: Provided, That the general reduction 
of $180,583,000 taken against the appropriation level provided 
herein, shall be applied, except for the $210,000,000 for breast 
cancer research, on a pro rate basis by subproject within each 
R-1 program element as modified by this Act: Provided 
further. 
That $210,000,000 of the funds appropriated in this paragraph 
shall be available for a peer reviewed breast cancer research pro-
gram with the Department of the Army as executive agent: Provided 
further, That the Army shall coordinate with the Armed Services 
Biomedical Research and Evaluation Management (ASBREM) 
Committee to involve facilities and medical and research personnel 
of the Department of the Navy and the Department of the Air 
Force, or oUier entities, in addition to facilities, medical and 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1891 
research personnel, and resources of the Department of the Army 
in the breast cancer research program: Provided further. That the Reports. 
Department of the Army, as executive agent, shall provide a report 
to the congressional defense committees not later than June 1, 
1993, setting forth the details of the breast cancer research program, 
noting inter alia the benefits which may be achieved through such 
research in the reduction of future costs of the Civilian Health 
and Medical Program of the Uniformed Services (CHAMPUS): Pro-
vided further, That $7,500,000 of the funds in this paragraph shall 
be made available only for establishment of a flexible manufacturing 
center at the Scranton Army Ammunition Plant and may be trans-
ferred to another appropriation in title III of this Act: Provided 
further. 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 $3,000,000 shall be made avail-
able only for sjniaptic transmission research: Provided further, That 
$20,000,000 of the funds appropriated in this paragraph may be 
made available in the Acquired Immune Deficiency Syndrome pro-
gram element only for a large-scale Phase III clinical investigation 
of the GP-160 vaccine: Provided further. That the funds referred 
to in the preceding proviso may be obligated unless, within six 
months after the date of the enactment of this Act, the Secretary 
of Defense, the Director of the National Institutes of Health, and 
the Commissioner of Food and Drugs submit to the Committees 
on Appropriations of the Senate and House of Representatives 
a written certification containing a determination of such officials 
that the large-scale Phase III clinical investigation should not pro-
ceed, the reasons for that determination, and an assessment of 
the GP-160 vaccine: Provided further. That if such certification 
is presented, the Secretary of Defense may use these funds only 
for other AIDS research needs of the Department of Defense: Pro-
vided further. That of the funds appropriated in this paragraph 
for medical technology, $4,000,000 may be used for Assistive Tech-
nology Center at the National Rehabilitation Hospital. 
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; $8,930,381,000, to remain available for obligation 
until September 30, 1994: 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 surfaces, 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 Resource Development Corporation, of 
which not to exceed $250,000 of such sum may be usea to provide 
such special equipment as ma^ be required for particular projects: 
Provided further. That none oi the funds appropriated in this para-
graph or in Title IV of Public Law 102-172 may be obligated 
or expended to develop or purchase equipment for an Aegis 
59-194 O—93 
3:QL3(Pt. 3) 
106 STAT. 1892 
PUBLIC LAW 102-396—OCT. 6, 1992 
destroyer variant (commonly known as "DDV") whose initial operat-
ing capability is budgeted to be achieved prior to the initial operat-
ing capability of the Ship Self-Defense program, nor to develop 
sensor or processor capabilities which duplicate in any way those 
being developed in the Ship Self-Defense program: Provided further. 
That the general reduction of $277,682,000 taken against this 
appropriation account, as reflected in the total appropriation level 
provided herein, shall be applied on a pro rata basis by subproject 
within each R-1 program element as modified by this Act: Provided 
further, That not less than $1,500,000 of the funds appropriated 
in this paragraph shall be made available only as a grant to 
the West Virginia High Technology Corporation for laboratory and 
other efforts associated with research, development and other pro-
grams of major importance to the Department of Defense. 
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; ^13,199,006,000, to remain available for obliga-
tion until September 30, 1994: Provided, 
That not less than 
$2,000,000 of the funds appropriated in this paragraph shall be 
made available only for continuing the research program on develop-
ment of coal-based, high thermal stability and endothermic jet 
fuels, including exploratory studies on direct conversion of coal 
to thermally stable jet fuels: Provided further, That not less than 
$6,500,000 of the funds appropriated in this paragraph shall be 
made available only for the Joint Seismic Program administered 
by the Incorporated Research Institutions for Seismology: Provided 
further. That not less than $45,000,000 of the funds appropriated 
in this paragraph shall be made available only for the National 
Center for Manufacturing Sciences (NCMS), of which not less than 
$5,000,000 is available only for the National Center for Tooling 
and Precision Components (NCTPC): Provided further. That not 
less than $55,500,000 of the funds appropriated in this paragraph 
shall be made available only for the Space Nuclear Thermal Propul-
sion Program: Provided further. That the general reduction of 
$410,515,000 taken against this appropriation account, as reflected 
in the total appropriation level provided herein, shall be applied 
on a pro rata basis bv subproject within each R-1 program element 
as modified by this Act: Provided further. That of the funds appro-
priated in this paragraph, not less than $39,500,000 shall be made 
available in the SPACETRACK program element only to continue 
the Advanced Electro-Optical System project at the Air Force Maui 
Optical Station: Provided further. That of the funds appropriated 
in this paragraph, not less than $11,600,000 shall be made available 
in the Advanced Weapons Technology program element only for 
a Laser Imaging Detection.and Ranging (LIDAR) project: Provided 
further. That of the funds appropriated in this paragraph not less 
than $5,000,000 may available in the Advanced Weapons program 
element only to continue the establishment and operation of an 
image information processing center supporting the Air Force Maui 
Optical Station and the Maui Optical Tracking Facility: Provided 
further. That of the funds appropriated under the previous proviso, 
$500,000 may be made available as a grant to the Maui Economic 
Development Board to assist in refining the defense and industrial 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1893 
requirements and user base for the aforementioned image informa-
tion processing center: Provided further, That of the funds appro-
priated in this paragraph, $10,000,000 shall be available only for 
grants to be made for the development of dual use space launch 
facilities to support Department of Defense and commercial space 
launch requirements, consistent with the terms of the National 
Space Policy Directive: Provided further, That the Secretary of 
the Air Force shall provide the Committees on Appropriations 
of the House of Representatives and the Senate a plan to imple-
ment this grant program not later than March 15,1993. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE 
AGENCIES 
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; $9,799,911,000, to remain available for obligation 
until September 30, 1994: Provided, That the general reduction 
of $189,065,000 taken against this appropriation account, as 
reflected in the appropriation level provided herein, shall be applied, 
except for the $3,724,800,000 for the Strategic Defense Initiative, 
on a pro rata basis by subproject within each R-1 program element 
as modified by this Act: Provided further, 
That not less than 
$135,000,000 of the funds appropriated in this paragraph are avail-
able only for the Extended Range Interceptor (ERINT) missile: 
Provided further. That not less than $57,776,000 of the funds appro-
priated in this paragraph are available only for the Arrow Continu-
ation 
Experiments: 
Provided 
further. 
That 
not 
less 
than 
$111,140,000 of the funds appropriated in this paragraph are avail-
able only for the Patriot missile program: Provided further. That 
not less than $12,000,000 of the funds appropriated in this para-
graph shall be available only for an Experimental Program to 
Stimulate Competitive Research (EPSCOR) in the Department of 
Defense which shall include all States eligible as of the date of 
enactment of this Act for the National Science Foundation Experi-
mental Program to Stimulate Competitive Research: Provided fur-
ther. That none of the funds in this paragraph may be obligated 
for the development of the Superconductive Magnetic Energy Stor-
age system unless its processes, materials, and components are 
substantially manufactured in the United States: Provided 
further. 
That not less than $25,000,000 of the funds appropriated in this 
paragraph shall be made available only to explore the potential 
for electric vehicles to enable the armed services to achieve energy 
cost savings, comply with environmental requirements, and meet 
mission objectives: Provided further. That not less than $5,000,000 
of the funds provided under the previous proviso shall be made 
available only to establish one of the demonstration sites for the 
aforementioned electric vehicle technology program in the State 
of Hawaii and not less than $2,500,000 of the funds provided 
under the previous proviso shall be made available only to establish 
one of the demonstration sites for the aforementioned electric 
vehicle technology program in Sacramento, California: Provided 
further. That not less than $5,000,000 of the funds appropriated 
. 1 ^ STAT. 1894 
PUBLIC LAW 102-396—OCT. 6, 1992 
in this paragraph shall be made available as a grant only to, 
the Texas Regional Institute for Environmental Studies for labora-
tory and other efforts associated with research, development and 
other programs of major importance to the Department of Defense: 
Provided further. That not less than $7,500,000 of the funds appro-
priated in this paragraph shall be made available as a grant only 
to the University of Maryland for laboratory and other efforts 
associated with research, development and other programs of major 
importance to the Department of Defense: Provided further, That 
not less than $3,500,000 of the funds appropriated in this paragraph 
shall be made available as a grant only to the University of Scranton 
for laboratonr and other efforts associated with research, develop-
ment and otner programs of major importance to the Department 
of Defense: Provided further. That not less than $15,000,000 of 
the funds appropriated in this paragraph shall be made available 
as a grant only to the Spokane Intercollegiate Research and Tech-
nology Institute for laboratory and other efforts associated with 
research, development and other programs of major importance 
to the Department of Defense: Provided further, 
That not less 
than $9,000,000 of the funds appropriated in this paragraph shall 
be made available as a grant only to the Northeastern University 
for laboratory and other efforts associated with research, develop-
ment and other programs of major importance to the Department 
of Defense: Provided further. That not less than $5,000,000 of 
the funds appropriated in this paragraph shall be made available 
as a grant only to the Colorado State University for laboratory 
and other efforts associated with research, development, and other 
programs of major importance to the Department of Defense: Pro-
vided further. That not less than $4,000,000 of the funds appro-
priated in this paragraph shall be made available as a grant only 
to the Louisiana State University for laboratory and other efforts 
associated with research, development and other programs of major 
importance to the Department of Defense: Provided further. That 
not less than $5,000,000 of the funds appropriated in this paragraph 
shall be made available as a grant only to the Illinois Institute 
of Technology for laboratory and other efforts associated with 
research, development and other programs of major importance 
to the Department of Defense: Provided further. That not less 
than $5,000,000 of the funds appropriated in this paragraph shall 
be made available as a grant only to Loma Linda University for 
laboratory and other efforts associated with research, development 
and other programs of major importance to the Department of 
Defense: Provided further. That not less than $2,000,000 of the 
funds appropriated in this paragraph shall be made available as 
a grant only to the University of Minnesota for laboratory and 
other efforts associated with research, development and other pro-
grams of major importance to the Department of Defense: Provided 
further, That not less than $2,000,000 of the funds appropriated 
in this paragraph shall be made available as a grant only to 
the University of Miami (Florida) for laboratory and other efforts 
associated with research, development and other programs of major 
importance to the Department of Defense: Provided further. That 
not less than $500,000 of the funds appropriated in this paragraph 
shall be made available as a grant only to the University of Michi-
gan for laboratory and other efforts associated with research, devel-
opment and other programs of major importance to the Department 
of Defense: Provided further, 
That not less than $7,500,000 of 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1895 
the funds appropriated in this paragraph shall be made available 
as a grant only to the University of Pennsylvania for laboratory 
and other efforts associated with research, development and other 
programs of major importance to the Department of Defense: Pro-
vided ftirther. That not less than $3,000,000 of the funds appro-
priated in this paragraph shall be made available as a grant only 
for the Science Center of Connecticut for laboratory £uid other 
efforts associated with research, development and other programs 
of major importance to the Department of Defense: Provided further, 
That not less than $2,000,000 of the funds appropriated in this 
paragraph shall be made available as a grant only to Villanova 
University for laboratory and other efforts associated with research, 
development and other programs of major importance to the Depart-
ment of Defense: Provided further. That not less than $1,000,000 
of the funds appropriated in this paragraph shall be made available 
as a grant only to the Medical College of Ohio for laboratory 
and ouier efforts associated with research, development and other 
programs of m^or importance to the Department of Defense: Pro-
vided further, That not less than $3,000,000 of the funds appro-
priated in this paragraph shall be made available as a grant only 
to the Rochester Institute of Technology for laboratory and other 
efforts associated with research, development and other programs 
of major importance to the Department of Defense: Provided further. 
That not less than $2,000,000 of the funds appropriated in this 
paragraph shall be made available as a grant only to Bryant College 
of lUiode Island for laboratory and other efforts associated with 
research, development and other programs of major importance 
to the Department of Defense: Provided further. That not less 
than $7,500,000 of the fimds appropriated in this paragraph shall 
be made available as a grant only to Bradley University (Illinois) 
for laboratoiy and other efforts associated with researcn, develop-
ment and other programs of major importance to the Department 
of Defense: Provided fuHher, That not less than $2,000,000 of 
the funds appropriated in this paragraph shall be made available 
as a grant only to the University of South Florida for laboratory 
and other efforts associated with research, development and other 
programs of major importance to the Department of Defense: Pro-
vided further. That of the funds provided in this paragraph, 
$10,000,000 shall be made available as a grant to the National 
Biomedical Research Foundation for laboratory efforts associated 
with m^'or research programs in neurology, oncology, virology, 
cardiology, pediatrics and associated specialty areas of critical 
importance to the Department of Defense. 
GENERAL PROVISION 
SEC. 401. Funds appropriated in this title that are directed Grants. 
to be made available for a grant to, or contract with, a college Contracts. 
or imiversity for the performance of research and development 
or for construction of a research or other facility shall be made 
available for that purpose without regard to, and (to the extent 
necessary) in contravention of, section 2361 of title 10, United 
States Code, which is hereby modified and superceded to the extent 
necessary to make each such grant or award each such contract, 
and any such grant or contract shall be made without regard 
to any of the conditions specified in subsection (b) of that section 
or section 2304 of title 10, United Stetes Code. 
106 STAT. 1896 
PUBLIC LAW 102-396—OCT. 6, 1992 
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, of independent activi-
ties of the Deputy Director of Defense Research and Engineering 
(Test and Evaluation) in the direction and supervision of devel-
opmental test and evaluation, including performance and joint 
developmental testing and evaluation; and administrative expenses 
in connection therewith; $259,707,000, to remain available for 
obligation until September 30,1994. 
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 evalua-
tion, 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; $12,983,000, to remain available for obliga-
tion until September 30,1994. 
TITLE V 
REVOLVING A l ^ MANAGEMENT FUNDS 
DEFENSE BUSINESS OPERATIONS FUND 
For the Defense Business Operations Fund; $1,123,800,000: 
Provided, That, in addition to anv other transfer authoritv contained 
in this Act, $1,054,800,000 shall be transferred from the Defense 
Business Operations Fimd to appropriations contained in this Act 
to be merged with and to be available for the same purposes 
and for the same time period as the appropriations to which trans-
ferred, as follows: $480,000,000 to Operation and Maintenance, 
Navy; $150,800,000 to Operation and Maintensmce, Marine Corps; 
$312,700,000 to Operation and Maintenance, Air Force; and 
$111,300,000 to Operation and Maintenance, Defense Agencies: Pro-
vided further, That, of fimds available in the Defense Business 
Operations Fund, not less than $90,000,000 shall be available for 
the purchase of 1.8 million cases of Meals Ready to Eat in the 
current fiscal year. 
NATIONAL DEFENSE SEALIFT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the National Defense Sealift Fund, $613,400,000 to remain 
available until expended, and in addition, to be derived by transfer, 
$1,875,100,000 of funds previously appropriated for sealift under 
the heading ''Shipbuilding and Convention, Navy^ in fiscal years 
1990, 1991 and 1992: Provided, That section 1024 of the National 
1
0 use 2218. 
Defense Authorization Act for Fiscal Year 1993, as it passed the 
Senate on October 3, 1992, shall be amended in subsection 
2218(cX2) proposed for inclusion in Chapter 131 of title 10 by 
deleting all after "expended onl/* down to and including **appropria-
tions Act" and inserting in lieu thereof, "in amounts authorized 
1
0 use 2218 
by law": Provided further. That for purposes of this paragraph, 
^°^- 
this Act shall be treated as having been enacted after the National 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1897 
Defense Authorization Act for Fiscal Year 1993 (regardless of the 
actual dates of enactment). 
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; $9,242,572,000, of which $8,948,800,000 shall be for Operation 
and maintenance, of which $92,251,000 shall be for real property 
maintenance to remain available for obligation imtil September 
30, 1994; and $293,772,000, to remain available for obligation until 
September 30, 1995, shall be for Procurement: Provided, That not 
to exceed $40,000,000 of available fimds shall be provided to the 
Uniformed Services Treatment Facilities program to be used only 
to fulfill any recoupment action of the Health Care Financing 
Administration for health care provided to eligible retired Depart-
ment of Defense beneficiaries over age 65 between October 1, 1986, 
and December 31, 1989: Provided further. That funds made avail-
able in this section shall be obligated thirty davs after the Inspector 
Greneral of the Department of Defense and tne Inspector General 
of the Department of Health and Human Services have jointly 
reported solely on the amounts claimed by the Health Care Financ-
ing Administration under this provision, and addressed possible 
procedures to avoid any future billing inaccuracies: Provided further, Reports. 
That the Inspectors General shall submit this report to the Secretar-
ies of the Departments of Defense and Health and Human Services 
and to the Committees on Appropriations of the Senate and the 
House of Representatives not later than March 31, 1993: Provided 
further. That the Health Care Financing Administration shall 
refrain from pursuit of recoupment actions imtil such funds are 
obligated: Provided furt?ier. That the Department shall competi-
tively contract for and begin to test implementation of a mail 
service pharmacy benefit in fiscal year 1993 in Hawaii and in 
at least two regions of the United States: Provided further, That 
of the funds appropriated in this Act, $150,000 shall be used only 
for the implementation of a cooperative program model at Madigan 
Medical Center for severely behavior disordered students: Provided 
further. That notwithstanding any other provision of law or regula-
tion, there will be no requirement for the Secretary of Defense 
or any other Government official to perform any Congressionally-
directed certification before the CHAMPUS Reform Initiative 
managed care program is expanded: Provided further. That this 
provision shall only apply to sites listed in section 9032 of this 
Act and the Northern CHAMPUS Region: Provided further. That 
not less than $7,500,000 of the fimds appropriated in this paragraph 
shall be made available as a grant only to the Northeast Regional 
Cancer Institute for programs of mcgor importance to the Depart-
ment of Defense. 
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 
Contracts. 
Hawaii. 
106 STAT. 1898 
PUBLIC LAW 102-396—OCT. 6, 1992 
Contracts. 
of the 
Department 
of Defense 
Authorization 
Act, 
1986; 
$518,600,000, of which $267,400,000 shall be for Operation and 
maintenance, $244,700,000, to remain available until September 
30, 1995, shall be for Procurement, and $6,500,000, to remain 
available until September 30, 1994, shall be for Research, develop-
ment, test and evaluation. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and coimter-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; $1,140,651,000: Pro-
vided, That the fimds 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, Tliat $25,500,000 shall be available only for operation and 
maintenance expenses for five sea-based aerostat systems to provide 
detection and monitoring support for the United States Coast Guard 
anti-narcotics operations: Provided further. That of the funds appro-
priated in this paragraph, not less than $7,500,000 shall be avail-
able only for the Gulf States Counter-Narcotics Initiative: Provided 
further, That from within the funds appropriated in this paragraph, 
the Secretary shall either lease or procure, and evaluate, an existing 
airship as an integrated sensor platform for detection and monitor-
ing missions in the Department's 
Drug Interdiction 
and 
Countemarcotics program. 
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; $126,000,000, of which $125,200,000 shall 
be for Operation and maintenance, of which not to exceed $300,000 
is available for emergencies and extraordinary expenses to be 
expended on the approval or authority of the Inspector General, 
and pajrments may be made on his certificate of necessity for 
confidential military purposes; and of which $800,000, to remain 
available until Septeinber 30,1995, shall be for Procurement. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELUGENCE AGENCY RETIREMENT AND DISABIUTY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement 
and Disability System Fimd, to maintain proper funding level for 
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $168,900,000. 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1899 
COMMUNITY MANAGEMENT STAFF 
For necessary expenses of the Community Management Staff; 
$77,700,000. 
TITLE VIII 
DEFENSE REINVESTMENT FOR ECONOMIC GROWTH 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for transition benefits for military and 
civilian employees of the Department of Defense, assistance to 
communities and industries affected by the military drawdown, 
and for other expenses associated with reinvestment for economic 
growth as authorized in the Defense Conversion, Reinvestment, 
and Transition Assistance Act of 1992, in addition to amounts 
appropriated elsewhere in this Act for such purposes; $472,000,000, 
to remain available for obligation until September 30, 1994: Pro-
vided, That, of the funds appropriated under this heading, 
$80,000,000 may be transferred by tiie Secretary of Defense under 
established procedures to the Department of Commerce, Economic 
Development Administration only for programs which assist work-
ers and communities affected by the military drawdown: Provided 
further, That, of the funds appropriated under this heading, 
$76,000,000 may be made available to the Secretary of Defense 
for the provision of temporary health transition assistance for mili-
tary and civilian employees of the Department of Defense: Provided 
further, That, of the funds appropriated imder this heading, 
$72,000,000 may be made available to the Secretary of Defense 
for Department of Defense civilian personnel transition initiatives: 
Provided further. That, of the funds appropriated imder this head-
ing, $65,000,000 may be made available to the Secretary of Defense 
for his efforts to provide training in the field of education for 
miUtary and civilian employees of the Department of Defense to 
relieve shortages of elementaiy and secondary school teachers and 
teacher's aides: Provided further, That, of the funds appropriated 
under this heading, $20,000,000 may be made available to the 
Secretary of Defense for Defense environmental research, education, 
and retraining programs: Provided further. That, of the funds appro-
priated under this heading, $84,000,000 may be made available 
to the Secretary of Defense to support job training and emplojrment 
and educational opportunities for members of the armed forces 
who are discharged or released from active duty: Provided further. 
That, of the funds appropriated under this heading, $75,000,000 
may be made available to the Secretary of Defense for military 
service members occupational conversion and training: Provided 
further. That amounts made available under this heading, which 
the Director of the Office of Management and Budget wovdd, upon 
review, classify as domestic discretionary spending for purposes 
of the Balanced Budget and Emergency Deficit Control Act of 1985 
shall be vdthheld from obligation until provision is made for alter-
native use of such funds in a subsequent appropriations Act: Pro-
vided further. That for the purposes of this paragraph, this Act 
shall be treated as having been enacted after the National Defense 
Authorization Act for Fiscal Year 1993 (regardless of the actual 
dates of enactment). 
106 STAT. 1900 
PUBLIC LAW 102-396—OCT. 6, 1992 
TITLE IX 
10 u s e 1584 
note. 
Government 
employees. 
Wages. 
Philippines. 
Turkey. 
10 u s e 2241 
note. 
GENERAL PROVISIONS 
SEC. 9001. No part of any appropriation contained in this 
Act shall be iised for publicity or propaganda purposes not author-
ized by the Congress. 
SEC. 9002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or emplo3rinent of, 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
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 
e
ay is computed under the provisions of section 5332 of title 5, 
Tnited States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own emplovees, 
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 the Philippines or foreign national employees 
of the Department of Defense in the Republic of Turkey. 
SEC. 9003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, unless expressly so provided herein. 
SEC. 9004. 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 
camp training of the Reserve Officers' Training Corps, or the 
National Board for the Promotion of Rifle Practice, Army. 
SEC. 9005. During the current fiscal year and hereafter, no 
part of any appropriation contained in this Act, except for small 
purchases covered by section 2304(g) of title 10, United States 
Code, shall be available for the procurement of any article or 
item of food, clothing, tents, tarpaulins, covers, cotton and other 
natural fiber products, woven silk or woven silk blends, spim silk 
yam for cartridge cloth, synthetic fabric or coated svnthetic fabric, 
canvas products, or wool (whether in the form of fiber or yam 
or contained in fabrics, materials, or manufactured articles), or 
any item of individual equipment manufactured from or containing 
such fibers, yams, fabrics, or materials, or specialty metals includ-
ing stainless steel flatware, or hand or measuring tools, not grown, 
reprocessed, reused, or produced in the United States or its posses-
sions, except to the extent that the Secretary of the Department 
concerned shall determine that satisfactory quality and sufficient 
quantity of any articles or items of food, individual equipment, 
tents, tarpaulins, covers, or clothing or any form of cotton or other 
natural fiber products, woven silk and woven silk blends, spun 
silk yam for cartridge cloth, synthetic fabric or coated synthetic 
fabric, canvas products, wool, or specialty metels including stainless 
steel flatware, grown, reprocessed, reused, or produced in the United 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1901 
States or its possessions cannot be procured as and when needed 
at United States market prices ana except procurements outside 
the United States in support of combat operations, procurements 
by vessels in foreign waters, and emergency procurements or 
procurements of perishable foods by establishments located outside 
the United States for the personnel attached thereto: Provided, 
Commerce and 
That nothing herein shall preclude the procurement of specialty *
^
^
°
®
-
metals or cnemical warfare protective clothing produced outside 
the United States or its possessions when such procurement is 
necessary to comply with agreements with foreign governments 
requiring the United States to purchase supplies from foreign 
sources for the purposes of offsetting sales made by the United 
States Grovemment or United States firms under approved programs 
serving defense requirements or where such procurement is nec-
essary in furtherance of agreements with foreign governments in 
which both governments agree to remove barriers to purchases 
of supplies produced in the other country or services performed 
by sources of the other country, so long as such agreements with 
foreign governments comply, where applicable, with the require-
ments of section 36 of the Arms Export Control Act and with 
section 2457 of title 10, United States Code: Provided 
further. 
That nothing herein shall preclude the procurement of foods manu-
factured or processed in the United States or its possessions. 
(TRANSFER OF FUNDS) 
SEC. 9006. 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 $1,500,000,000 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 militaiy 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 authority 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. 9007. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
E
ursuant to section 2208 of title 10, United States Code, may 
e 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 fiinds and the "Foreign 
Currency Fluctuations, Defense" and "Operation and Maintenance" 
appropriation accoimts in such amounts 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 Secretary of Defense has notified the Congress 
of the proposed transfer. Except in amoimts equal to the amounts 
appropriated to working capitiEd funds in this Act, no obligations 
106 STAT. 1902 
PUBLIC LAW 102-396—OCT. 6, 1992 
may be made against a working capital fund to prociu*e or increase 
the value of war reserve material inventory, unless the Secretary 
of Defense has notified the Congress prior to any such obligation. 
SEC. 9008. (a) 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. 
Germany. 
(b) Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination imder 
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization 
in the Kaiserslautem Militaiy Community in the Federal Republic 
of Grermany: Provided, That in the City of Kaiserslautem such 
agreements will include the use of United States anthracite as 
the base load ener^ for municipal district heat to the United 
States Defense installations: Provided further, That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, furnished 
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. 9009. Funds 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 Appro-
priations and Armed Services of the Senate and House of Represent-
atives. 
SEC. 9010. 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 militaiy requirements, than those for which originally 
appropriated 
and m 
no case where 
the 
item 
for 
whicn 
reprogramming is requested has been denied by the Confess. 
SEC. 9011. 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 amounts 
allowed in fiscal year 1992 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 allowaole amounts shall be reduced 
by not more than 15 percent (except that the reduction may be 
waived if the Secretary determines that it would impair adequate 
Regulations. 
access to health care services for beneficiaries). The Secretary shall 
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. 9012. 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. 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1903 
SEC. 9013. None of the funds provided in this Act shall be 
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 unfimded contingent liability 
in excess of $20,000,000, or (2) a contract for advance procurement 
leading to a multiyecur 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 liabiUty: Provided further, That no part of any 
appropriation contained m 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 Arm^ 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. 
Fimds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows: 
Defense Support Satellites 23, 24 and 25 and the Enhanced 
Modular Signal Processor. 
(TRANSFER OF FUNDS) 
SEC. 9014. None of the funds appropriated in this Act 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 different 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 
funds available for such activity. 
SEC. 9015. (a) None of the funds appropriated by this Act 
shall be available to convert a position in support of the Army 
Reserve, Air Force Reserve, Army National Guard, £ind Air National 
Guard occupied by, or programmed to be occupied by, a (civilian) 
military technician to a position to be held by a person in an 
active duty status or active Guard or Reserve status if that conver-
sion would reduce the total number of positions occupied by, or 
programmed to be occupied by, (civilian) military technicians of 
the component concerned, below 70,363: Provided, That none of 
the funds appropriated by this Act shall be available to support 
more than 46,449 positions in support of the Army Reserve, Army 
Nationed Guard, or Air National (xuard occupied by, or programmed 
to be occupied by, persons in an active Guard or Reserve status: 
Provided further, That none of the funds appropriated by this 
Act may be used to include (civilian) military technicians in comput-
ing civilian personnel ceilings, including statutory or administra-
tively imposed ceilings, on activities in support of the Army Reserve, 
Air Force Reserve, Army National Guard, or Air National Guard. 
106 STAT. 1904 
PUBLIC LAW 102-396—OCT. 6, 1992 
Indians. 
Real property. 
10 u s e 401 note. 
Reports. 
(b) None of the funds appropriated by this Act shall be used 
to include (civilian) military technicians in any administratively 
imposed freeze on civilian positions. 
SEC. 9016. Notwithstanding any other provision of law, govern-
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. 9017. (a) The provisions of section 115(aX4) of title 10, 
United States Code, shall not apply with respect to fiscal year 
1993 or with respect to the appropriation of funds for that year. 
(b) During fiscal year 1993, 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 1994 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1994 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 1994. 
SEC. 9017A 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 Coltunbia, 131,250 civilian 
workyears: Provided, That workyears shall be applied as defined 
in the Federal Personnel Manual: Provided further, That workyears 
expended in dependent student hiring pro-ams for disadvantaged 
youths shall not be included in this workyear limitation. 
SEC. 9018. 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. 9019. 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 tretinin^ of the Army Reserve and the mainte-
nance and repair of supplies issued to the Army Reserve imless 
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 
Army Reserve troop program units need only be members of the 
Selected Reserve. 
SEC. 9020. None of the funds available to the Department 
of Defense may be used for the floating storage of petroleum or 
petroleimi products except in vessels of or belonging to the United 
states. 
SEC. 9021. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United Stetes Code, 
for himianiterian and civic cissistence costs under chapter 20 of 
title 10, United Stetes Code. Such funds may also be obligated 
for humanitarian and civic assistance coste incidentel to auUiorized 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1905 
Pacific Islands. 
Micronesia. 
Territories. 
Armed Forces 
reserves. 
Termination 
date. 
operations and pursuant to authority granted in section 401 of 
chapter 20 of title 10, United States Code, and these obligations 
shall be reported to Congress on September 30 of each year: Pro-
vided, That funds avail£u>le for operation and maintenance shall 
be available for providing hiunanitarian and similar assistance 
by using Civic Action Teams in the Trust Territories of the Pacific 
Islands and fireely 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 Secretary 
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 may 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. 
SEC. 9022. Notwithstanding any other provision of law, the 
Secretaries of the Army and Air Force may authorize the retention 
in an active status until age sixty of any officer who would otherwise 
be removed 
firom 
an active status and who is employed as a National 
Guard or Reserve technician in a position in which active status 
in a reserve component of the Army or Air Force is required as 
a condition of that employment. 
SEC. 9023. Notwithstanding any other provision of law, the 
Army Central Hospital Fund, a Non Appropriated Fund Instrumen-
tality, shall be terminated upon enactment of this Act. All residual 
funds will, on that date, be transferred to an appropriated trust 
fund established by the Secretary of the Army for the operation 
and maintenance of "Fisher Houses" located in proximity to Army 
Medical Treatment Facilities. The Secretary shall promulgate regu- Regulations 
lations governing the expenditure and accountability of these funds. 
SEC. 9024. (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 benefits 
imder section 1415(c) of title 38, United States 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 States Code, 
nor shall any amoimts representing the normal cost of such future 
benefits be transferred from the Fimd by the Secretary of tiie 
Treasury to the Secretary of Veterans Affairs pursuant to section 
2006(d) of title 10, United States Code; nor shall the Secretary 
of Veterans Affairs pay such benefits to any such member: Provided, 
That, in the case of a member covered by clause (1), these limita-
tions shall not apply to members in combat arms skills or to 
members who enlist in the armed services on or after JiUy 1, 
1989, under a program continued or established by the Secretary 
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 Secretary of 
Defense: Provided further, That this subsection applies only to 
active components of the Army. 
106 STAT. 1906 
PUBLIC LAW 102-396—OCT. 6, 1992 
(b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army 
P
articipating as a full-time student and receiving benefits paid 
y the Secretary 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. 9025. Funds appropriated in this Act shall be available 
for the pa3rment of not more than 75 percent of the charges of 
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 charges may be paid unless the 
officer agrees to remain a member of the Ready Reserve for at 
least foiir years after completion of such training or education. 
SEC. 9026. 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: 
Provided, That this section shall not apply to a commercial or 
industrial t3rpe 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. 9027. None of the funds available to the Department 
of Defense shall be available to award a competitive procurement 
contract for any round of 120mm mortar ammunition unless such 
round has successfully passed first article acceptance testing and 
has a validated level III technical data package which supports 
such competitive procurement: Provided, That none of the lunds 
appropriated in this Act to the Department of the Army may be 
obligated for procurement of 120mm mortars or 120mm mortar 
ammunition manufactured outside of the United States. 
SEC. 9027A. 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. 
SEC. 9028. None of the funds appropriated or made available 
by this Act may be obligated for acquisition of msgor automated 
information systems which have not successfully completed over-
sight reviews required by Defense Department regulations: Pro-
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1907 
vided, That none of the funds appropriated or made available by 
this Act may be obligated on Composite Health Care System acquisi-
tion contracts if such contracts would cause the total life cycle 
cost estimate of $1,600,000,000 expressed in fiscal year 1986 con-
stant dollars to be exceeded. 
SEC. 9029. 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 unobligated and deobligated appropriations into 
the Reserve for Contingencies of the Central Intelligence Agency. 
SEC. 9030. Funds appropriated by this Act for construction 
projects of the Central Intelligence Agency, which are transferred 
to another Agency for execution, shall remain available until 
expended. 
SEC. 9031. Notwithstanding any other provision of law, the State listing. 
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 Navjr's Craft of Opportunity Program. 
SEC. 9032. Notwithstanding any other provision of law, the 
Department shall competitively award contracts for the geographi-
cal expansion of the CHAMPUS Reform Initiative in Florida (which 
may include Department of Veterans Affairs medical facilities with 
the concurrence of the Secretary of Veterans Affairs), Washington, 
Oregon, and the Alexandria, Louisiana (England Air Force base) 
Form Worth, Texas (Carswell Air Force Base) and Austin, Texas 
(Bergstrom Air Force Base) regions: Provided further, That none 
of the funds appropriated, or otherwise made available to the 
Department of Defense, by this or any other Act of Congress, 
shall be used to implement or administer a health care delivery 
management program for Civilian Health and Medical Program 
of the Uniformed Services (CHAMPUS) eligible beneficiaries in 
California, Florida, Hawaii, Oregon, Washington, New Orleans, and 
the Alexandria, Louisiana (England Air Force Base) Forth Worth, 
Texas (Carswell Air Force Base) and Austin, Texas (Bergstrom 
Air Force Base) regions, unless the scope of benefits and program 
management structure preserve the basic design in operation that 
provided on October 1, 1991, under the California and Hawaii 
CHAMPUS Reform Initiative Demonstration Program: Provided 
further. That no funds may be used to implement or otherwise 
administer a health care delivery management program that 
restricts access to military treatment facilities or otherwise reduces 
the health care benefits of eligible beneficiaries who choose not 
to enroll in that program: Provided further. That no provision 
of this or any other Act shall be interpreted as granting authority 
under title 10, United States Code, section 2304(c)(5) to contract 
with CHAMPUS fiscal intermediaries (FI), without soliciting 
competitive, at-risk proposals for health care services, for the pur-
pose of giving them more responsibility for implementing or other-
Mdse administering a health care delivery management program: 
Provided further, TTiat this restriction shall not apply to the current 
FI contracts for the Tidewater area of Virginia and the Southeastern 
CHAMPUS Region: Provided further, That this restriction shall 
not apply to FI contracts at base closure and realignment sites. 
106 STAT. 1908 
PUBLIC LAW 102-396—OCT. 6, 1992 
except in the Northern CHAMPUS Region, if the contracts are 
Ckjntracts. 
expiring within 18 months: Provided further, That within thirty 
days following enactment of this Act, the Department shall take 
action to amend the contract award under solicitation number MDA 
903-90-R-0027 or release a competitive solicitation for a new con-
tract to begin providing services in Alexandria, Louisiana, and 
the regions of Fort Worth and Austin, Texas, by May 1, 1993: 
Provided further, That Solicitation Number MDA 906-91-R-0002 
be amended to conform with this provision of law and shall provide 
for no less than a six-month transition period: Provided 
further. 
That the preemption provisions of section 1103(a) of title 10, United 
States Code, shall not be limited to contractual provisions relating 
to coverage of benefits, but shall apply to all contracts entered 
into pursuant to this general provision and Solicitation Number 
MDA 906-92-R-0004 and shall preempt any and all State and 
local laws and regulations which relate to health insurance or 
Ck)ntracts. 
health care plans: Provided further. That the Department of Defense 
shall enter into participation agreements with the Uniformed Serv-
ices Treatment facilities implementing the managed care program 
mandated under section 718(c) of the National Defense Authoriza-
tion Act for fiscal year 1991 (Public Law 101-510; 104 Stat. 1587) 
which provides for such service delivery under such program begin-
ning no later than October 1,1993. 
SEC. 9033. Funds 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, unless 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. 9034. None of the funds provided in this Act shall be 
available for use by a Military Department to modify an aircraft, 
weapon, ship or other item of equipment, that the Military 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 Secretary of a Military 
Department if the Secretary 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: Provided 
further. That during the current fiscal year and the following fiscal 
year, additional obligations may be incurred under fiscal year 1990 
procurement appropriations for the installation of equipment when 
obligations were incurred during the period of availability of such 
appropriations for the procurement of such equipment but obliga-
tions for the installation of such equipment were not able to be 
incurred before the expiration of the period of availability of such 
appropriations. 
SEC. 9035. For the purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99-177) as amended 
by 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, project, 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1909 
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, 1993, the accompanying House 
and Senate Committee reports, the conference report and accom-
pan3dng joint explanatory statement of the managers of the Commit-
tee of Conference, the related classified annexes, and the P-1 and 
R-1 budget justification documents as subsequently modified by 
Congressional action: Provided, That the following exception to 
the above definition shall apply: 
For the Military Personnel and the Operation and Maintenance 
accounts, the term "program, project, and activity" is defined as 
the appropriations accounts contained in the Department of Defense 
Appropriations Act: Provided further, That at the time the President 
submits his budget for fiscal year 1994, 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 1994. 
SEC. 9036. Of the funds appropriated to the Army, $230,700,000 
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 salary of an RCAS program manager who 
has not been selected and approved bv the Chief of the National 
Guard Bureau and chartered by tne 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 the National Guard Bureau 
and fully defines his authority, responsibility, reporting chan-
nels and organizational structure; 
(5) to pay the salaries of individuals assigned to the RCAS 
program management ofiice 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 
unless 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 and applications 
software; and 
(7) imless RCAS performs its own classified information 
processing. 
SEC. 9036A. 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 
unless specific approval for such system is provided in writing 
to the Committees on Appropriations and Armed Services of the 
House and Senate by the Assistant Secretary of Defense for Produc-
tion and Logistics at least 30 days prior to any contract solicitation. 
106 STAT. 1910 
PUBLIC LAW 102-396—OCT. 6, 1992 
SEC. 9037. None of the funds provided for the Department 
of Defense in this Act may be obhgated or expended for fixed 
price-type contracts in excess of $10,000,000 for the development 
of a msgor system or subsystem unless the Under Secretary of 
Defense for Acquisition determines, in writing, that program risk 
has been reduced to the extent that realistic pricing can occur, 
and that the contract type permits an equitable and sensible alloca-
tion of program risk between the contracting parties: Provided, 
That the Under Secretary may not delegate this authority to any 
E
ersons who hold a position in the Office of the Secretary of Defense 
elow the level of Assistant Secretary of Defense: Provided 
further, 
That at least thirty days before making a determination under 
this section the Secretary of Defense will notify the Committees 
on Appropriations of the Senate and House of Representatives 
in writing of his intention to authorize such a fixed price-type 
developmental contract and shall include in the notice an expla-
nation of the reasons for the determination. 
SEC. 9038. Monetary limitations on the purchase price of a 
passenger motor vehicle shall not apply to vehicles purchased for 
intelligence activities conducted pursuant to Executive Order 12333 
or successor orders. 
SEC. 9039. Not to exceed $20,000,000 of the funds available 
to the Department of the Army during the current fiscal year 
may be used to fund the construction of classified military projects 
within the Continental United States, including design, architec-
ture, and engineering services. 
SEC. 9040. 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, 
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 ancnor 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 components produced or manufac-
tured outside the United States: Provided further. That when ade-
guate domestic supplies are not available to meet Department of 
defense requirements on a timely basis, the Secretary oi 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. 9040A. Tne Secretary of Defense shall take such action 
as necessary to assure that a minimum of 75 percent of the coal 
and petroleum pitch carbon fiber requirement be procured from 
domestic sources by 1994. 
(TRANSFER OF FUNDS) 
SEC. 9041. 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 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1911 
technician and Department of Defense medical personnel pay and 
medical programs (including CHAMPUS) the same exemption 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 Reafiirmation 
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 (Public 
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 notifjdng 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. 9041 
A. (a) Of the amounts available to the Department 
of Defense for fiscal year 1993, 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 Agencies", and the balance 
necessary shall be derived from amounts available for Defense 
Research Sciences under title IV of this Act. 
SEC. 9042. None of the funds available to the Department 
of the Navy may be used to enter into any contract for the overhaul, 
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. 9043. 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 nandicapped 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-
106 STAT. 1912 
PUBLIC LAW 102-396—OCT. 6, 1992 
Computer 
technology. 
Prisoners of war. 
Missing in 
action. 
Reports. 
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. 9044. The designs of the Army Comanche Helicopter, 
the Navy A-X Aircraft, the Air Force Advanced Tactical Fighter, 
and any variants of these aircraft, must incorporate Joint Integrated 
Avionics Working Group standard avionics specifications and must 
fully comply with all DOD regulations requiring the use of the 
Ada computer programming language no later than 1998: Provided, 
That all new Department of Defense procurements shall separately 
identify software costs in the work breakdown structure defined 
by MIL-STD-881 in those instances where software is considered 
to be a major category of cost. 
SEC. 9045. 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 
Treat/'), concluded December 8, 1987, may be treated as orders 
received and obligation authority for the applicable appropriation, 
account, or fund increased accordingly. Likewise, any reimburse-
ments received for such costs may be credited to the same appropria-
tion, account, or fund to which the expenses were charged: Provided, 
That reimbursements which are not received within one hundred 
and eighty days after submission 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 
hundred and eighty-first day following submission of an appropriate 
request for payment: Provided further, That funds appropriated 
in this Act may be used to reimburse United States military person-
nel for reasonable costs of subsistence, at rates to be determined 
by the Secretary of Defense, incurred while accompan3dng 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. 9046. 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 
an annual meeting in the United States, under such regulations 
as the Secretary of Defense may prescribe. 
SEC. 9047. None of the funds available to the Department 
of Defense or Navy shall be obligated or expended to (1) implement 
Automatic Data Processing, Data Processing Installation, Central 
Design Activity, or Information Technology Facility consolidation 
plans, or (2) to make reductions in force or transfers in personnel, 
end strengths, billets, functions, or missions that affect the Naval 
Computer and Telecommunications Stations, the Enlisted Personnel 
Management Center, and the Naval Reserve Personnel Center and 
related missions, functions and commands, except in the National 
Capital Region, until sixty legislative days after the Secretary of 
Defense submits a report, including complete review comments 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1913 
and a certification, by the General Accounting Office, to the Commit-
tees on Appropriations of the House and Senate justifjdng any 
consolidations or reductions in force or transfers in personnel, end 
strengths, billets, and functions in terms of: (1) addressing the 
overall mission, functions, and operations staffing of all active and 
reserve Naval and Department of Defense Automatic Data Process-
ing, Information Technology Facilities, Central Design Activities, 
all active and reserve Naval personnel functions, commands and 
field activities, and the establishment, as part of DMRD 918, of 
a Data Processing Installation and Central Design Activity 
megacenter, including reserve functions, at the Naval Computer 
and Telecommunications Station, New Orleans; and (2) certifying 
that any consolidation plans, new operations or reductions in force 
or transfers in personnel, end strengths, billets, functions, or mis-
sions: (a) do not duplicate functions presently conducted, do not 
adversely impact, in terms of reductions in force or transfers in 
personnel, end strength, billets, functions, or missions, the Naval 
Computer and Telecommunications Station, New Orleans, the 
Enlisted Personnel Management Center, or the Naval Reserve 
Personnel Center, do not consolidate or transfer Department of 
Defense or Service Data Processing Installations, Central Design 
Activities, or Information Technology Facilities, or claim savings, 
that are in more than one defense management report plan; (b) 
are the most cost effective from a budgetary standpoint; (c) will 
not adversely affect the mission, readiness and strategic consider-
ations of the Navy and the Naval Reserve, and will not adversely 
impact on the quality of life and economic benefits of the individual 
serviceman, dependents, and civilian personnel or have an adverse 
economic impact on a metropolitan region. 
SEC. 9047A Notwithstanding any other provision of law, the lO USC 2687 
Secretary of Defense may, by Executive Agreement, establish with ^°^-
host nation governments in NATO member states a separate 
account into which such residual value amounts negotiated in the 
return of United States military installations 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 military forces in that host 
nation, or such real property maintenance and base operating costs 
that are currently executed through monetary transfers to such 
host nations: Provided further, That the Department of Defense's 
budget submission for each fiscal year shall identify such sums 
anticipated in residual value settlements, 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 such Executive Reports. 
Agreement with a NATO member host nation shall be reported 
to the Committees on Appropriations and Armed Services 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. 9048. No funds appropriated by this Act may be obligated 
or expended to prepare, or to assist any contractor of the Depart-
ment of Defense in preparing, any material, report, list, or analysis 
with respect to the actual or projected economic or emplo3mient 
106 STAT. 1914 
PUBLIC LAW 102-396—OCT. 6, 1992 
impact in a particular State or congressional district of an acquisi-
tion program for which all research, development, testing and 
evaluation has not been completed. 
SEC. 9049. All obligations incurred in anticipation of the appro-
priations and authority provided in this Act are hereby ratified 
and confirmed if otherwise in accordance with the provisions of 
this Act. 
SEC. 9050. None of the funds appropriated by this Act shall 
be available for a contract for studies, analyses, or consulting serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment determines: 
(1) as a result of thorough technical evaluation, only one 
source is found fully qualified to perform the proposed work, 
or 
(2) the purpose of the contract is to explore an unsolicited 
proposal which offers significant scientific or technological 
promise, represents the product of original thinking, and was 
submitted in confidence by one source, or 
(3) the purpose of the contract is to take advantage of 
unique and significant industrial accomplishment by a specific 
concern, or to insure that a new product or idea of a specific 
concern is given financial support: 
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements 
of equipment that is in development or production, or contracts 
as to which a civilian official of the Department of Defense, who 
has been confirmed by the Senate, determines that the award 
of such contract is in the interest of the national defense. 
SEC. 9051. None of the funds available to the Department 
of Defense in this Act shall be used to demilitarize or dispose 
of more than 310,784 unserviceable Ml Garand rifles and Ml 
Carbines. 
SEC. 9052. 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 under 
section 308 of title 37, United States Code, in a lump sum. 
SEC. 9053. 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. 9054. None of the funds appropriated by this or any 
other Act vnth respect to any fiscal year for the Navy may be 
used to carry out an electromagnetic pulse program in the Chesa-
peake Bay area in connection with the Electromagnetic Pulse Radi-
ation Environment Simulator for Ships (EMPRESS II) program 
unless or until the Secretary of Defense certifies to the Congress 
that conduct of the EMPRESS II program is essential to the 
national security of the United States and to achieving requisite 
military capability for United States naval vessels, and that the 
economic, environmental, and social costs to the United States 
of conducting the EMPRESS II program in the Chesapeake Bay 
area are far less than the economic, environmental, and social 
costs caused by conducting the EMPRESS II program elsewhere. 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1915 
SEC. 9055. 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. 9056. None of the funds appropriated by this Act may 
be used to pay health care providers under the Civilian Healtn 
and Medical Program of the Uniformed Services (CHAMPUS) for 
services determined under 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. 9057. Such sums as may be necessary for fiscal year Wages. 
1993 pay raises for programs funded by this Act shall be absorbed 
within the levels appropriated in this Act. 
SEC. 9058. None of the funds appropriated by this Act shall Animals. 
be available for payments under the Department of Defense contract ^^^,' 
with the Louisiana State University Medical Center involving the research. 
use of cats for Brain Missile Wound Research, and the Department 
of Defense shall not make pa3nnents 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 General 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 
necessary for the care of animals covered by this contract are 
allowed. 
SEC. 9059. None of the funds provided in this Act or any 
other Act shall be available to conduct bone trauma research at 
the Letterman Army Institute of Research until the Secretanr of 
the Army certifies that the S3nithetic compound to be used in 
the experiments is of such a type 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 bv an animal care and use committee, and the research does 
not duplicate research already conducted by a manufacturer or 
any other research organization. 
SEC. 9060. The Secretary of Defense shall include in any base 
closure and realignnient plan submitted to Congress after the date 
of enactment of this Act, a complete review for the five-year period 
beginning on October 1, 1992, 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. 9061. No more than $50,000 of the funds appropriated 
or made available in this Act shall be used for any single relocation 
10 u s e 2687 
note. 
106 STAT. 1916 
PUBLIC LAW 102-396—OCT. 6, 1992 
Contracts. 
Labor. 
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 certifjring 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 funds 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. 
SEC. 9061A. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense in fiscal year 
1993 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. 9062. The Secretary of Defense shall ensure that at least 
50 percent of the Joint Service Missile Mission is in place at 
Letterkenny Army Depot by the time Systems Integration Manage-
ment Activity and Depot Systems Command are scheduled to 
relocate to Rock Island Arsenal, Illinois. This provision is in no 
way intended to affect the move of the 2.5- and 5-ton truck mainte-
nance mission from Letterkenny Army Depot to Tooele Army Depot. 
SEC. 9062A. Notwithstanding any other provision of law, of 
the funds made available by this Act to the Department of the 
Navy, $500,000, to remain available until September 30, 1993, 
shall be available only for the expenses of the Kahoolawe Island 
Commission which is hereby authorized to delay imtil March 31, 
1993, the submission of its final report: Provided, That the Secretary 
of the Navy shall provide the Commission such assistance and 
facilities as may be necessary to carry out its proceedings. 
SEC. 9063. None of the funds appropriated in this Act shall 
be used to produce more than two-thirds of the liquid gas require-
ments in-house at Andersen Air Force Base on Guam. At least 
one-third of Andersen Air Force Base's liquid gas requirements 
shall be met by acquiring liquid gas from commercied sources on 
Guam. 
SEC. 9064. During the current fiscal year, funds appropriated 
or otherwise available 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— 
(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 
ofii^jury— 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1917 
(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 imder 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 Government 
(3)(A) for service described in subsection (2) of this section is entitled employees. 
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. 9065. 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-foiur 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. 9066. None of the funds appropriated by this Act shall 
be used to begin closing a military treatment facility unless the 
Secretanr of Defense notifies the Committees on Appropriations 
of the House of Representatives and the Senate ninety days prior 
to such action. 
SEC. 9067. 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. 9068. 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, 
unless amounts for such purposes are specifically appropriated in 
a subsequent appropriations Act. 
SEC. 9069. (a) As stated in section 3(5XA) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2402(5XA)), it is the 
policy of the United Stetes to oppose restrictive trade practices 
or boycotts fostered or imposed by foreign countries against other 
countries friendly to the United Stetes or against any other United 
Stetes person. 
(b)(1) Consistent with the policy referred to in subsection (a), 
no Department of Defense prime contract in excess of the small 
purchase threshold, as defined in section 4(11) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(11)), may be 
awarded to a foreign person, company, or entity unless that person, 
company, or entity certifies to the Secretary of Defense that it 
does not comply with the secondary Arab boycott of Israel. 
(2) The Secretary of Defense may waive the prohibition in 
paragraph (1) in specific instences when the Secretory determines 
that the waiver is necessary in the national security intereste 
of the United Stetes. Within 15 days after the end of each calendar Reports. 
quarter, the Secretory shall submit to Congress a report identifying 
each contract for which a waiver was granted under this paragraph 
during such quarter. 
106 STAT. 1918 
PUBLIC LAW 102-396—OCT. 6, 1992 
(Computer 
technology. 
10 u s e 113 note. 
Small 
businesses. 
Contracts. 
(3) This provision does not apply to contracts for consumable 
supplies, provisions or services intended to be executed for the 
support of tiie United States or of allied forces in a foreign coimtiy, 
nor does it apply to contracts pertaining to any equipment, tech-
nology, data, or services for intelligence or classified purposes, or 
the acquisition or lease thereof by the United States (jovemment 
in the interests of national security. 
SEC. 9070. Notwithstanding any other provision of law, where 
cost efTeclive, all Department of Defense souware shall be written 
in the programming language Ada, in the absence of special exemp-
tion by an ofi&cial designated by the Secretary of Defense. 
SEC. 9071. Notwithstanding any other provision of law or ref-
lation, the Secretary of Defense may ac^ust wage rates for civilian 
employees hired for certain health care occupations as authorized 
for the Secretary of Veterans Affairs by section 4107(g) of title 
38, United States Code as in existence on October 1,1990. 
SEC. 9072. None of the funds available to the Department 
of Defense shall be used for the training or utilization of psycholo-
gists in the prescription of drugs, except pursuant to the findings 
and recommendations of the Anny Surgeon General's Blue Ribbon 
Panel as specified in its February and August 1990 meeting 
minutes. 
SEC. 9073. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the militaiy or 
civilian medical and medical support personnel end strength at 
a base undergoing a partial closure or realignment, where more 
than one joint command is located, below the September 30, 1991 
level. 
SEC. 9074. Of the funds made available in this Act, not less 
than $10,596,000 shall be available for the Civil Air Patrol, of 
which $4,471,000 shall be available for Operation and Maintenance. 
SEC. 9075. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 815th Tacticsd Airlift 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. 9076. During the current fiscal year, withdrawal credits 
may be made by the Defense Business Operations Fimd to the 
credit of current applicable appropriations of an activity of the 
Department of Defense in connection with the acquisition by that 
activity of supplies that are repairable components which are repair-
able at a repair depot and tnat are capitalized into the Defense 
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 
Business Operations Fund that became effective on April 1, 1992. 
SEC. 9077. (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 ciurent fiscal year, a business concern which 
has negotiated with a militery 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 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1919 
goal for any purchases made from qualified nonprofit agencies for 
the blind or otiier 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 under the Javits-Wag-
ner-OT)ay Act (41 U.S.C. 4&-48). 
SEC. 9078. There is estabUshed, under the direction and control ^f 
^W^^™®"*-
of the Attorney General, the National Drug Intelligence Center, ^^ ^^ ^^^ "
°
*
® 
whose mission it shall be to coordinate and consolidate drug intel-
ligence from all national security and law enforcement agencies, 
and produce information regarding the structure, membership, 
finances, communications, and activities of drug 
trafficking 
organizations: Provided, That funding for the operation of the 
National Drug Intelligence Center, including personnel costs associ-
ated therewith, shall be provided from the funds appropriated to 
the Department of Defense for drug interdiction and counter-drug 
activities: Provided further, That of the funds so appropriated for 
the fiscal year begmning October 1, 1991, $20,000,000 available 
for the National Drug Intelligence Center may be available to 
the Secretary of Defense to reimburse the Department of Justice 
for support provided to the National Dnig Intelligence Center: 
Provided further. That section 8083 of the Department of Defense 
Appropriations Act, 1992 (Public Law 102-172) is amended by 105 Stat. 1191. 
striking out "available only for" and inserting "available until 
expended only for" in lieu thereof. 
SEC. 9078A None of the funds made available by this Act 
shall be available for any Military Department of the United States 
to conduct bombing training, gunnery training, or similar munitions 
deliveiy training on the parcel of land known as Kahoolawe Island, 
Hawaii. 
SEC. 9079. During the current fiscal year, the Navy may provide 
notice to exercise options under the LEASAT program for the next 
fiscal year, in accordance with the terms oi the Aide Memoire, 
dated January 5, 1981, as amended by the Aide Memoire dated 
April 30,1986, and as implemented in the LEASAT contract. 
SEC. 9080. Section 8090 of the Department of Defense Appro-
priations Act, 1992 (Public Law 102-172) is amended by deleting 105 Stat. 1193. 
subsections (c), (d), and (e). 
SEC. 9080A. 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 instrumentation system for flight test data acquisition 
other than the Common Airborne Instrumentation System under 
development in the Central Test and Evaluation Investment Devel-
opment program element funded in the "Developmental Test and 
Evaluation, Defense" appropriations account. 
SEC. 9081. 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. 9082. 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 
106 STAT. 1920 
PUBLIC LAW 102-396—OCT. 6, 1992 
Reports. 
Securities. 
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. 
SEC. 9082A Notwithstanding any other provision of law, the 
Department of Defense is hereby authorized to develop and procure 
the LANDSAT 7 vehicle. 
SEC. 9083. None of the funds appropriated in this Act may 
be used to fill the commander's position at any military medical 
facility with a health care professional unless the prospective can-
didate can demonstrate professional administrative skills. 
SEC. 9084. Of the funds appropriated by this Act for the Defense 
Health Program, notwithstanding any other provision of law, the 
amount payable for services provided under this section shall not 
be less than the amoimt calculated imder the coordination of bene-
fits reimbursement formula utilized when CHAMPUS is a secondary 
payor to medical insurance programs other than Medicare, and 
$20,000,000 shall be available (notwithstanding 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, until age 65, under such section for a former 
member of a uniformed service who is entitled to retired or retainer 
E
ay or equivalent pay, or a dependent of such a member, who 
ecomes 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: 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 under CHAMPUS: 
Provided further, That no reimbursement shall be made for services 
provided prior to October 1,1991. 
SEC. 9085. During the current fiscal year, the Secretary of 
Defense may accept burdensharing contributions in the form of 
money from Japan, the Republic 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 State 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, 
That not later than 30 days after the end of each quarter of 
the fiscal year, the Secretary of Defense shall submit to the Con-
gress a report of contributions accepted by the Secretary under 
this provision during the preceding quarter. 
SEC. 9086. During the current fiscal year, obligations against 
the stock funds of the Department of Defense may not be incurred 
in excess of 70 percent of sales from such stock fimds during 
the current fiscal year: Provided, That in determining the amoimt 
of obligations against, and sales from the stock funds, obligations 
and sales for fuel, subsistence, commissary items, retail operations, 
the cost of operations, and repair of spare parts shall be excluded: 
Provided further. That upon a determination by the Secretary of 
Defense that such action is critical to the national security of 
the United States, the Secretary may waive the provisions of this 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1921 
section: Provided further. That if the provisions of this section 
are waived, the Secretary shall immediately notify the Congress 
of the waiver and the reasons for such a waiver. 
SEC. 9087. (a) None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the P-3 squadrons of the Navy, and Navy Reserve below the 
levels funded m this Act. 
(b) The Secretary of the Navy shall obligate fimds appropriated 
for fiscal vears 1991, 1992, and 1993 for modernization of P-3B 
aircraft of the Navy Reserve on those P-3B aircraft which the 
Secretary of the Navy intends to keep in the fleet for more than 
five years: Provided, That the provision of section 1437 of the 
National Defense Authorization Act, 1991 (Public Law 101-510) 
shall not be considered in, or have any effect on, making any 
determination whether such aircraft shall be kept in the fleet 
for more than five years. 
SEC. 9088. Notwithstanding section 9003 of this Act, of the 
$100,000,000 appropriated in section 8105A of the Department of 
Defense Appropriations Act, 1992 (Public Law 102-172), for pay-
ment of claims to United States military and civilian personnel 
for damages incurred as a result of the volcanic eruption of Moimt 
Pinatubo in the Philippines, $35,000,000 shall remain available 
for obligation imtil September 30, 1993: Provided, That in addition 
to amounts appropriated elsewhere in this Act, $15,000,000 shall 
be available for obligation for the same purposes stated above 
in this section imtil September 30, 1993: Provided further. That 
an additional $20,000,000 is appropriated to be available only for 
the relocation of Air Force units from Clark Air Force Base and 
Navy units from the Subic Bay Navy Base and Cubi Point Naval 
Air Station. 
SEC. 9089. None of the funds appropriated in this Act may 
be obligated or expended for any contract or grant with a university 
or other institution of higher learning imless such contract or grant 
is audited in accordance with the Federal Acquisition Regulation 
and the Department of Defense Federal Acquisition Regulation 
Supplement or any other applicable auditing standards and require-
ments and the institution receiving the contract or grant fully 
responds to all formal requests for financial information made by 
responsible Department of Defense officials: Provided, That if an 
institution does not provide an adequate financial response within 
12 months, the Secretary of Defense shall terminate that and all 
other Department of Defense contracts or grants with the institu-
tion. 
SEC. 9089A. Not less than $74,950,000 of the funds appro-
priated under the heading "Research, Development, Test and 
Evaluation, Defense Agencies" in title IV of this Act shall be made 
available as grants to the following institutions in the following 
amounts for laboratory and other efforts associated with research, 
development and other programs of major importance to the Depart-
ment of Defense: University of Arizona, $5,000,000; St. Norbert 
College, $3,900,000; Johns Hopkins University, $15,000,000; 
University 
of Wisconsin 
Center 
for Advanced 
Propulsion, 
$15,000,000; John Carroll University, $5,300,000; University of 
Northern 
Iowa, 
$750,000; 
Medical 
College 
of 
Wisconsin, 
$15,000,000; University of St. Thomas, St. Paul, Minnesota, 
$15,000,000: Provided, That the fimds made available by this sec-
tion shall be distributed imder the terms and conditions established 
106 STAT. 1922 
PUBLIC LAW 102-396—OCT. 6, 1992 
Grants. 
Science and 
technol(^y. 
Reports. 
Regulations. 
in section 401, as amended, of title IV of Public Law 102-172: 
Provided further, That the Secretary of Defense shall review the 
grants made available and spedfied by this section and shall award 
such amounts as he deems appropriate based on the potential 
contribution eadi proposed project may make to the national sci-
entific and technical posture: Provided further^ That the funds 
made available by this section may be obligated only in accordance 
with a merit based selection process, utilizing recommendtions of 
a peer review process, consistent with the provisions of section 
2361 (a) of title 10, United States Code: Provided further. That 
the Secretary of Defense shall select persons to participate in such 
peer review process only from the faculty or staff of institutions 
that are members of the National Association of State Universities 
and Land Grant Colleges or the American Association of State 
College and Universities. 
SEC. 9090. (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. 
Qa) 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) The total amount appropriated to or for the use of the 
Department of Defense by this Act is reduced by $300,000,000 
to reflect savings from the decreased use of non-FFRDC consulting 
services by the Department of Defense. The Secretary of Defense 
shall allocate the amount reduced in the preceding sentence and 
not later.than March 1, 1993, report to the Senate and the House 
Committees on Appropriations how this reduction was allocated 
among the Services and Defense Agencies: Provided, That this 
subsection does not apply to the reserve components. 
SEC. 9091. None of the fimds appropriated in this Act shall 
be available to comply with, or to implement any provision issued 
in compliance with, the August 27, 1984 memorandum of the Dep-
uty Secretary of Defense entitled "Debarment from Defense Con-
tracts for Felony Criminal Convictions". 
SEC. 9091A. Of the funds made available by this Act in title 
III, Prociirement, $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. These payments shall be available only to contrac-
tors which have submitted subcontracting plans pursuant to 15 
U.S.C. 637(dX4XB), and according to regulations which shall be 
promulgated by the Secretary of Defense within 90 days of the 
passage of this Act. 
SEC. 9092. 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 tiiese 
procurement restrictions shall apply to any and all Federal Supply 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1923 
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 militaiy department responsible for tiie 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 ad^uate 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 tiiese restrictions shall not apply to contracts which are in 
being as of the date of enactment of tins Act. 
SEC. 9092A 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 Stetes: Provided, That this prohibition 
shall not apply to non-stockpile materisJ in the United States 
or to studies needed for environmental analysis required by 
the National Environmental Policy Act; 
(b) the potential fiituro 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. 9093. NotMdthstanding any other provision of law, no 
moro than fifteen percent of the funds av£ulable to the Department 
of Defense for sealifb may be used to acquire, through charter 
or puroh£ise, ships constructed in foreign shipyards: Provided, That Maritime 
ships acquired as provided above shall be necessary to satisfy ^
^
^
^
'
^
-
the shortfalls identified in the Mobility Requiremente Study: Pro-
vided further. That any work required to convert foreign built 
ships acquired as provided above to United Stetes Coast Guard 
and American Bureau of Shipping standards, or conversion to a 
moro useful militery configuration, must be accomplished in United 
Stetes domestic shipyards: Provided further. That none of the funds 
shall be used to purchase bridge or machinery control systems, 
or interior commimications equipment, and auxiliary equipment, 
including pumps for all shipboard services, for sealift ships unless 
the system or equipment is manufactured in the United Stetes 
or more than half the value in terms of cost has been added 
in the United Stetes: Provided further. That the Secretary of the 
military department responsible for such procurement of bridge 
or machinery control systems, or interior communications equip-
ment, and auxiliary equipment, including pumps for all shipboard 
services, may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the 
House of Representetives and the Senate that adequate domestic 
supplies are not available to meet Department of Defense require-
mente on a timely basis and that such an acquisition must be 
made in order to acquire capability for national security purposes. 
SEC. 9094. For the purposes of this Act, the term "congressional 
defense committees" means the Committees on Armed Services, 
the Committees on Appropriations, the Committee on Appropria-
tions, subcommittees on Defense of the Senate and the House 
of Representetives. 
59-194 O—93 
5 : QL 3 (Pt. 3) 
106 STAT. 1924 
PUBLIC LAW 102-396—OCT. 6, 1992 
International 
agreements. 
Commerce and 
trade. 
41 use lOb-2. 
Reports. 
SEC. 9095. 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 Depeirtment 
of Defense depot maintenance activities and private firms: Provided, 
That the Defense Contract Audit Agency 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 com-
petitions conducted under this section. 
SEC. 9096. (aXD If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a 
foreign coimtry which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating 
against certain tvpes 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 memorandimi of understanding, between the 
United States and a forei^ coimtry pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
(b) The Secretary of Defense shall submit to Congress a report 
on the amoimt of Department of Defense purchases from foreign 
entities in fiscal year 1993. 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. 9097. None of the funds appropriated or made available 
in this Act or any Act making appropriations for the Department 
of Defense during the current fiscal year may be obligated for 
procurement of ball bearings or roller bearings other than in accord-
ance with tibe provisions of subpart 208.79 of the Defense Federal 
Acquisition Regulation Supplement (DFARS) as promulgated effec-
tive on July 11,1989. 
(TRANSFER OP FUNDS) 
SEC. 9098. Notwithstanding any other provision of law, 
$82,000,0(K) made available in uie fiscal year 1991 Department 
of Defense Appropriations Act (Public Law 101-511) for "Aircraft 
Carrier Service Life Extension Program" under the heading "Ship-
building and Conversion, Navy, 1991/1995" shall be transferred 
to "Operation and Maintenance, Navy" for a large scale industrial 
availability, presumed to be 24 months, of the USS JOHN F. 
KENNEDY at the Philadelphia Naval Shipyard. 
SEC. 9099. (a) Of the funds made available by this Act in 
title II, Operation and Maintenance, Army, $23,270,000 shall be 
available only to execute the cleanup of uncontrolled hazardous 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1925 
waste contamination affecting the Sale Parcel at Hamilton Air 
Force Base, in Novate, in the State of California. 
(b) In the event that the purchaser of the Sale Parcel exercises 
its option to withdraw from the sale as provided in the Agreement 
and Modification, dated September 25, 1990, between the Depart-
ment of Defense, the General Services Administration, and the 
E
urchaser, the purchaser's deposit of $4,500,000 shall be returned 
y the General Services Administration and fimds eligible for 
reimbursement under the Agreement and Modification shall come 
firom the fimds made available to the Department of Defense by 
this Act. 
(c) The purchase rights under the purchase contract for the 
Sale Parcel may be assigned to any financially qualified entity, 
as determined in accordance with existing GSA procedures. The 
purchaser's withdrawal and reimbursement rights under the Agree-
ment and Modification shall be assigned to any assignee of the 
purchase rights under the purchase contract for the Sale Peircel 
(including the purchaser's lenders). The purchaser shall be per-
mitted to purchase the Sale Parcel in stages, and the purchaser's 
withdrawal and reimbursement rights shall survive pro rata with 
respect to any portion of the Sale Parcel not purchased. 
(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 
firom 
the proceeds 
collected upon the closing of the Sale Parcel. 
(e) Notwithstanding any other provision of law, the Department Real property. 
of Defense shall convey the Building 442 parcel, the Building 467 ^^^^ control. 
parcel, the former P.O.L. storage parcel and the two parcels carved 
out of the easternmost portion of the Sale Parcel (all of which 
parcels are contiguous to and surroimded by the Sale Parcel), 
as well as easements for the location of a temporary fiood control 
levee around portions of the Sale Parcel and such other easements 
as the Secretanr of the Army shall deem appropriate, to the pur-
chaser of the Sale Parcel, without restrictions. The conveyances 
contemplated by this section shall be for cash and/or interests 
in real property at least equal in value (as determined by the 
Secretanr of the Army) to the land and interests in real property 
conveyed by the United States. 
iV The exact acreage and legal description of the property 
to be conveyed or exchanged under this section shall be determined 
by surveys that are satisfactory to the Secretary of the Army, 
liie costs of such surveys shall be borne by the purchaser. 
(g) Notwithstanding any other provision of law, the Agreement 
and Modification may be amended to authorize the purchaser or 
its affiliates, in lieu of the (jrovemment, to manage and let contracts 
or subcontracts for the cleanup of landfill No. 26 in accordance 
with the Record of Decision, as modified, as a means of demonstrat-
ing the economic efficiencies that would accrue as a result of non-
Federal management of environmental restoration proiects. In 
providing for such cleanup management, the Department of Defense 
may impose such terms and conditions, and grant such indemnifica-
tions, as are appropriate to provide for an efiective and efficient 
cleanup consistent with the public interest: Provided, That (1) the 
purchaser agrees (i) to manage the cleanup in accordance with 
plans and specifications approved by the Department of Defense, 
and (ii) to continue to peiform its management obligations in tlie 
note. 
106 STAT. 1926 
PUBLIC LAW 102-396—OCT. 6, 1992 
event it terminates and withdraws from the sale under the Agree-
ment and Modification; and, (2) pajnnents made pursuant to this 
section shall be within the funds made available for the cleanup 
under this, any prior, and any future appropriations Act, but shall 
not exceed the Department of Defense's estimate of the cost it 
would have incurred in accomplishing the same work (as such 
estimates may be adjusted to reflect changed circumstances). 
(h) The Department of Defense shall not make any pa3rment 
to the purchaser for the costs of the cleanup imder any such 
amendment imless and until the Department of Defense has cer-
tified that the cleanup, or any portion of the work associated with 
the cleanup, for which the purchaser requests payment is in accord-
ance with the approved plans. 
(i) Nothing in this section shall be deemed to diminish the 
United States Government's liability with respect to the landfill 
contamination. 
SEC. 9099A. Section 112(e)(1) of title 32, United States Code, 
is amended by inserting "(or during fiscal year 1993 otherwise 
implementing) immediately after "administering". 
lO^USC 2774 
SEC. 9100. Notwithstanding any other provision of law, the 
Secretary of Defense may, when he considers it in the best interest 
of the United States, cancel any part of an indebtedness, up to 
$2,500, that is or was owed to the United States by a member 
or former member of a uniformed service if such indebtedness, 
as determined by the Secretary, was incurred in connection with 
Operation Desert Shield/Storm: Provided, 
That the amount of an 
indebtedness previously paid by a member or former member and 
cancelled imder this section shall be refunded to the member. 
(TRANSFER OF FUNDS) 
SEC. 9101. During the current fiscal year, not to exceed 
$60,500,000 of cash balances in the Defense Business Operations 
Fimd shall be transferred to appropriations of the Department 
of Defense which are available for energy conservation improvement 
projects under the Department of Defense Energy Conservation 
Improvement Program: Provided, That the authority to msike trans-
fers pursuant to this section is in addition to any other transfer 
authority provided by this Act. 
(TRANSFER OF FUNDS) 
SEC. 9101A. In addition to any other transfer authority con-
tained in this Act, $1,371,800,000 from the Defense Business Oper-
ations Fund shall be transferred to appropriations contained in 
this Act to be merged with and to be available for the same 
purposes and for the same time period as the appropriations to 
which transferred, as follows: $456,687,000 to Operation and 
Maintenance, Army; $299,167,000 to Operation and Maintenance, 
Navy; $20,448,000 to Operation and Maintenance, Marine Corps; 
$402,479,000 to Operation and Maintenance, Air Force; $30,038,000 
to Operation and Maintenance, Defense Agencies; $9,442,000 to 
Operation and Maintenance, Army Reserve; $14,924,000 to Oper-
ation and Maintenance, Navy Reserve; $754,000 to Operation and 
Maintenance, Marine Corps Reserve- $15,844,000 to Operation and 
Maintenance, Air Force Reserve; $31,307,000 to Operation and 
Maintenance, Army National Guard; $39,830,000 to Operation and 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1927 
Maintenance, Air National Guard; and $50,880,000 to the Defense 
Health Program. 
SEC. 9102. 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. 9103. The Secretary of Defense is authorized to provide Education. 
oi)tional summer school programs in addition to the programs other-
wise authorized by the Defense Dependents Education Act of 1978 
(Public Law 95-561), and to charge a fee for participation in such 
optional education programs. Optional summer school program fees 
snail be made available for use by the Secretary to defray the 
costs of summer school operations. 
SEC. 9104. Unobligated balances of the funds appropriated in 
the Department of Defense Appropriations Act, 1992 (Public Law 
102-172) under the headings "World University Games" and "Sum-
mer Olympics" in title II of that Act shall, notwithstanding section 
8003 of that Act, remain available for obligation until September 
30,1993. 
SEC. 9105. (a) None of the funds appropriated by this Act Reports, 
may be obligated or expended for any program, project, sub-project, 
or activity which is accomplished under a "Limited Dissemination 
(LIMDIS)" security control method until the Secretary of Defense 
submits, to the Congressional defense committees, a report 
containing: 
(1) annual costs in the fiscal years 1994-1999 Future Years 
Defense Program, and total costs; 
(2) appropriation account and program element or line 
item; 
(3) content and military justification; and 
(4) acquisition milestones and schedule through completion. 
(b) The information in the report required by subsection (a) 
above shall be provided for each program, project, sub-project, or 
activity accomplished under the LIMDIS security control method 
during fiscal years 1990-1993, and for each such effort to be under-
taken in fiscal year 1994. 
(c) The report required by subsection (a) above shall be submit-
ted no later than the date upon which the fiscal year 1994 Depart-
ment of Defense budget request is provided to Congress. 
(d) The requirements contained in subsections (a) through (c), 
above, shall not apply to LIMDIS programs, projects, subprojects, 
or activities within tne National Foreign Intelligence Program. 
SEC. 9106. Afl;er December 31, 1992, voluntary separation lo use 1175 
incentives payable under 10 U.S.C. 1175 may be paid in such 
"°^ 
amounts as are necessary from the assets of the Voluntary Separa-
tion Incentive Fund established by section 1175(h)(1). 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9107. Amounts deposited during fiscal years 1992 and 
1993 to the special account established under 40 U.S.C. 485(h)(2) 
and to the special account established under 10 U.S.C. 2667(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(h)(2) (A) and (B) and 10 U.S.C. 
106 STAT. 1928 
PUBLIC LAW 102-396—OCT. 6, 1992 
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. 9108. None of the funds available to the Department 
of Defense in this Act may be used to award a contract for the 
E
rocurement of four-ton dolly jacks if such equipment is or would 
e manufactured outside the United States of America and would 
be procured under any contract, agreement, arrangement, compact 
or other such instrument for which provisions including price dif-
ferential provisions of the Buy American Act of 1933, as amended, 
or any other Federal buy national law was waived: Provided, That 
the Secretary of the military department responsible for such 
E
rocurement may waive this restriction on a case-by-case basis 
y certifying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that adequate domes-
tic 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. 
SEC. 9109. 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. 
(TRANSFER OF FUNDS) 
SEC. 9110. (a) The Secretary of Defense may transfer to appro-
priate appropriation accounts for the Department of Defense, out 
of funds appropriated to the Department of Defense for fiscal year 
1993, up to $400,000,000 to be available for the purposes authorized 
in the Former Soviet Union Demilitarization Act oi 1992: Provided, 
That amounts so transferred shall be in addition to amounts trans-
ferred pursuant to the authority provided in section 108 of Public 
Law 102-229 (105 Stat. 1708). 
(b) Of the funds transferred pursuant to subsection (a): 
(1) not less than $10,000,000 shall be available only for 
the study, assessment, and identification of nuclear waste dis-
posal by the former Soviet Union in the Arctic region; 
(2) not less than $25,000,000 shall be available only for 
Project PEACE; 
(3) not more than $50,000,000 may be made available 
for the Multilateral Nuclear Safety Initiative announced in 
Lisbon, Portugal on May 23, 1992; 
(4) not more than $40,000,000 may be made available 
for demilitarization of defense industries; 
(5) not more than $15,000,000 may be made available 
for military-to-military contacts; 
(6) not more than $25,000,000 may be made available 
for joint research and development programs; and 
(7) not more than $10,000,000 may be made available 
for the Volunteers Investing in Peace and Security (VIPS) 
program. 
(c) The Secretary of Defense may transfer from amounts appro-
E
riated to the Department of Defense for fiscal year 1993 or from 
alances in working capital funds not to exceed $15,000,000 to 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1929 
the appropriate accounts within the Department of Defense for 
the purposes authorized in section 109 of PubHc Law 102-229. 
(d) The authority provided in sections 108 and 109 of Public 
Law 102-229 (105 Stat. 1708) to transfer amounts appropriated 
for fiscal year 1992 shall continue to be in effect during fiscal 
year 1993. 
(e) The Secretary of Defense may transfer to appropriate appro-
priation accounts for the Department of Defense, out oi funds avail-
able to the Department of Defense for fiscal year 1993, up to 
$40,000,000 to be available for international nonproliferation activi-
ties authorized in the Weapons of Mass Destruction Control Act 
of 1992: Provided, That such transfer authority shall not be avail-
able for pajonents either to the "Contributions to International 
Organizations" account of the Department of State or to activities 
carried out by the International Atomic Energy Agency which have 
traditionally been the responsibilities of the Departments of State 
or Energy: Provided further, That up to $20,000,000 of the transfer 
authority provided in this section may be used for the activities 
of the On-Site Inspection Agency in support of the United Nations 
Special Commission on Iraq. 
(f) The transfer authority provided in this section shall be 
in addition to any other transfer authority contained in this Act. 
SEC. 9111. In order to maintain an electric furnace capacity 
in the United States, preference for the purchase of chromite ore 
and manganese ore authorized for disposal from the National 
Defense Stockpile shall be given to domestic producers of high 
carbon ferrochromium and high carbon ferromanganese— 
(A) whose primary output during the three preceding years 
has been ferrochromium or ferromanganese; and 
(B) who guarantee to use the chromite and manganese 
ore for domestic purposes. 
SEC. 9112. 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 funds appro-
priated in this or any other Act. 
SEC. 9113. (a) None of the funds available to the Department 
of Defense may be used to implement Defense Management Report 
Decision No. 944, dated December 9, 1991, concerning Conventional 
Ammiuiition, or any revision or successor document, or to carry 
out any implementing instruction for said directive, revision, or 
successor document, or to implement any other document of any 
kind pertaining to conventional ammimition which has the objective 
of financing conventional ammunition out of any funds other than 
fimds appropriated or available for procurement of ammunition. 
(b) The fiscal vear 1994/1995 budget request for the Department 
of Defense, as well as all justification material and other documenta-
tion supporting the fiscal year 1994/1995 Department of Defense 
request shall be prepared and submitted to the Congress as if 
subsection (a) of this provision were effective with regard to fiscal 
year 1994/1995. Such budget request, budget material, and budget 
documentation shall be prepared using the practices and policies 
followed in preparation of the fiscal year 1992/1993 budget. 
SEC. 9114. None of the funds appropriated by this Act shall lO use 2488 
be used for the support of any nonappropriated fund 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 installation located 
106 STAT. 1930 
PUBLIC LAW 102-396—OCT. 6, 1992 
Alcohol and 
alcohol abuse. 
Contracts. 
Native 
Americans. 
Contracts. 
Fraud. 
Health care 
facilities. 
California. 
in the United States, unless such malt beverages and wine are 
procured in that State, or in the case of the District of Columbia, 
within the District of Columbia, in which the military installation 
is located: Provided, That in the case in which the military installa-
tion 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 beverages and 
wine shall apply to all alcoholic beverages for military installations 
in States which are not contiguous with another State: Provided 
further. That alcoholic beverages other than wine and malt bev-
erages in contiguous States and the District of Columbia shall 
be procured from the most competitive source, price and other 
factors considered. 
SEC. 9115. 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 handguns or handgun ammunition are the M9 9mm 
Department of Defense standard handgun or ammunition for such 
handguns, or (2) offensive handguns and ammimition except for 
the Special Operations Forces. 
SEC. 9116. Of the funds appropriated to the Department of 
Defense for Operation and Maintenance, Defense Agencies, not 
less than $8,000,000 shall be made available only for the mitigation 
of environmental impacts on Indian lands resulting from Depart-
ment of Defense activities: Provided, That the Secretary of Defense 
shall first enter into an agreement with the Administration for 
Native Americans on the obligation of these funds. 
SEC. 9117. 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 
debar the person from contracting with the Federal Government 
for a period of not less than three years and not more than five 
years. For purposes of this section, the term "debar" has the mean-
ing given that term by section 2393(c) of title 10, United States 
Code. 
SEC. 9118. 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. 9119. Funds appropriated by this Act for the Defense 
Health Program shall be used to maintain at minimum a 50-
bed medical care facility at Silas B. Hays Army Community Hospital 
at Fort Ord, California during fiscal year 1993. 
SEC. 9120. For fiscal year 1993, 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), 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1931 
Grovemment 
employees. 
Government 
employees. 
Manpower. 
is limited to $230,000,000, of which not more than $207,130,000 
may be provided by the funds appropriated by this Act. 
SEC. 9121. None of the funds available in this Act may be 
used to support in any manner, including travel or other related 
expenses, the Tailhook Association": Provided, That investigations 
by the Secretary of the Navy or consultation with the Tailhook 
Association are not prohibited by this provision. 
SEC. 9122. The Department of Defense shall reduce the author-
ized number of Senior Executive Service (SES) positions by a 
percentage equivalent to the percentage reduction in its civilian 
employment during fiscal year 1993, which percentage shall be 
applied against the total number of SES positions authorized the 
Department of Defense by the Office of Personnel Management 
for fiscal year 1993: Provided, That such percentage reductions 
shall be applied so that the ratio of career SES positions to non-
career SES positions in the Department shall remain the same. 
SEC. 9123. During the current fiscal year, from fimds available 
in this Act, the Director of the Air National Guard shall establish 
a Command, Control, Communications 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. 9124. As of September 1, 1993, none of the funds appro-
priated by this Act shall be available for payment of the compensa-
tion of personnel assigned to or serving in the National Foreign 
Intelligence Program in excess of 98 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 percent-
age of reductions to non-Senior Intelligence Service positions: Pro-
vided further, That in making any reduction in the niunber 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. 9125. 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 renovation or construction which would result 
in an expansion of the net usable space of the Pentagon. Funds 
deposited into the Pentagon Reservation Maintenance Revolving 
Fund may be used for other purposes including necessary day-
to-day operations and real property maintenance to meet health 
and safety requirements of the Pentagon Reservation. Not later Reports, 
than March 1, 1993, the Secretary of Defense shall submit to 
the Committees on Armed Services and Appropriations of the House 
and Senate a report setting forth ( D a revised renovation program 
for the Pentagon Reservation limited to concerns of health and 
safety; and (2) a construction schedule with an associated cost 
estimated based upon normal construction procedures which elimi-
nates additional costs for expediting construction. 
SEC. 9126. The Classified Annex prepared by the Committee 
of Conference to accompany the conference report on the bill H.R. 
5504 of the One Hundred Second Congress and transmitted to 
10 u s e 114 note. 
106 STAT. 1932 
PUBLIC LAW 102-396—OCT. 6, 1992 
the President is hereby incorporated into this Act: Provided, That 
the amounts specified in the Classified Annex are not in addition 
to amounts appropriated by other provisions of this Act: Provided 
President. 
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 Government. 
C!ontracts. 
(TRANSFER OF FUNDS) 
SEC. 9127. (a) Upon enactment of this Act, the Secretary of 
Defense shall make the following transfers of funds: Provided, That 
the amounts transferred shall be available for the same purposes 
as the appropriations to which transferred, and for the same time 
period as the appropriation from which transferred: Provided fur-
ther. That the amounts shall be transferred between the following 
appropriations in the amounts specified: 
From: 
Under the heading, "Weapons Procurement, Navy, 1992/ 
1994": 
Torpedoes and Related Equipment, $9,300,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1986/1990": 
LHD-1 amphibious assault ship program, $9,300,000; 
From: 
Under the heading, "Weapons Procurement, Navy, 1992/ 
1994": 
Torpedoes and Related Equipment, $16,300,000; 
Under the heading, "Other Procurement, Navy, 1992/1994", 
$13,000,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1990/1994": 
T-AGOS surveillance ship program, $13,300,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1987/1991": 
AOE fast combat support ship program, $16,300,000; 
T-AO fleet oiler program, $13,000,000; 
T-ACS auxilianr crane ship program, $13,300,000: Pro-
vided, That notwitnstanding any other provision of law 
or regulation, the Secretary of the Navy and the Secretary 
of Transportation are authorized and directed to increase 
the current contract price (the contract price, including 
all modifications as of the date of enactment of this Act) 
for the T-ACS 7 and T-ACS 8 conversion and reactivation 
contract by $13,300,000 based upon the Defense Contract 
Audit Agency's estimated incurred costs sustained by the 
contractor and shall pay to the contractor which built and 
delivered T-ACS 
7 and 
T-ACS 
8 the 
amount 
of 
$13,300,000, no later than November 1, 1992: Provided 
further. 
That the contractor shall execute a release 
discharging the Grovernment, its officers, agents and 
employees from any additional liability arising luider or 
relating to the contract for T-ACS 7 and 8: Provided fur-
ther. That the contractor shall a^ee to dismiss with preju-
dice its pending action in the United States District Court; 
From: 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1933 
Under the heading, "Aircraft Procurement, Navy, 1991/ 
1993", $131,800,000; 
Under the heading, "Aircraft Procurement, Navy, 1992/ 
1994", $17,700,000; 
Under the heading, "Weapons Procurement, Navy, 1992/ 
1994": 
Torpedoes and Related Equipment, $63,700,000; 
Under the heading, "Other Procurement, Navy, 1992/1994", 
$30,900,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/1996"' 
T-AGOS 39/40 program, $15,000,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1988/1992": 
CVN nuclear aircraft carrier program, $229,500,000; 
LHD-1 amphibious assault ship program, $3,600,000; 
T-AO fleet oiler program, $10,500,000; 
LSD-41 cargo variant ship program, $15,500,000; 
From: 
Under the heading, "Aircraft Procurement, Navy, 1992/ 
1994", $112,300,000; 
Under the heading, "Weapons Procurement, Navy, 1992/ 
1994": 
Other Missile Programs, $31,500,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1990/1994": 
T-AGOS surveillance ship program, $45,000,000; 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/1996": 
LCAC landing craft air cushion program, $74,000,000; 
DDG-51 destroyer program, $89,400,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1989/1993": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$2,100,000; 
SSN-688 attack submarine program, $8,800,000; 
SSN-21 attack submarine program, $284,800,000; 
DDG-51 destroyer program, $41,300,000; 
MHC coastal mine hunter program, $11,900,000; 
AOE combat support ship program, $3,300,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/1996": 
T-AGOS surveillance ship program, $62,400,000; 
MHC coastal mine hunter program, $25,500,000; 
Under the heading, "Weapons Procurement, Navy, 1992/ 
1994": 
Other Missile Programs, $53,200,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1990/1994": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$5,900,000; 
SSN-688 attack submarine program, $6,800,000; 
DDG-51 destroyer program, $5,400,000; 
106 STAT. 1934 
PUBLIC LAW 102-396—OCT. 6, 1992 
ENTERPRISE 
refueling/modernization 
program, 
$93,200,000; 
Oceanographic ship pro^pram, $9,900,000; 
AOE combat support ship program, $3,900,000; 
LSD-41 dock landing ship cargo variant program, 
$16,000,000; 
From: 
Under the heading, ''Shipbuilding and Conversion, Navy, 
1991/1995": 
DDGr-Sl destroyer program, $19,800,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1991/1995": 
TRIDENT 
ballistic 
missile 
submarine 
program, 
$19,800,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/1996": 
T-AGOS surveillance ship program, $77,200,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1991/1995": 
TRIDENT ballistic 
missile 
submarine 
program, 
$22,100,000; 
SSN-21 attack submarine program, $40,100,000; 
LSD-41 dock landing ship cargo variant program, 
$15,000,000; 
From: 
^ 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/1996": 
T-AGOS surveillance ship program, $8,900,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/1996": 
Oceanographic ship program, $8,900,000; 
From: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1992/1996": 
LCAC landing craft air cushion program, $45,000,000; 
To: 
Under the heading, "Shipbuilding and Conversion, Navy, 
1985/1989": 
T-AO fleet oiler program, $45,000,000. 
Contracts. 
(b) (1) Notwithstanding £uiy other provision of law or regulation, 
the Secretary of the Navy is authorized and directed to increase 
the ceiling price of the T-AO 191 and 192 completion contract 
in the amount of $45,000,000 and maintain the same ceiling price 
to target cost ratio as in the existing contract (115 percent). Such 
increase shall be made upon the Contractor's execution of a full 
and final release discharging the Government, its oflicers, agents 
and employees from any liability for activities under, or associated 
with, the T-AO 191 and 192 completion contract occurring prior 
to the efTective date of the Contract Modification resulting from 
this Act. 
(2) The Secretary of the Navy shall pay the contractor, within 
ten days of enactment of this Act, an amount equal to the difference 
between the total of the Contractor's incurred costs, properly cer-
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1935 
tifled, less retentions and the total of payments made to that 
date by the Navy. 
SEC. 9128. (a) Subsection (a) of section 166a of title 10, United 
States Code, is amended in the first sentence by striking out "funds, 
upon request," and all that follows through the period and inserting 
in lieu thereof "funds to the commander of a combatant command, 
upon the request of the commander, or to the Director of the 
Joint Staff with respect to an area or areas not within the area 
of responsibility of a commander of a combatant command.**. 
(b) Subsection (bX7) of such section is amended by inserting 
"(including 
transportation, 
translation, 
and 
administrative 
expenses)** before the period at the end. 
(c) Subsection (c) of such section is amended by inserting before 
the period at the end the following: 
"(c) PRIORITY.—The Chairman of the Joint Chiefs of Staff, in 
considering requests for funds in the CINC Initiative Fund or 
the provision of funds to the Director of the Joint Staff under 
subsection (a), should give priority consideration to— 
"(1) requests for funds to be used for activities that would 
enhance the war fighting capability, readiness, and sustain-
ability of the forces assigned to the commander requesting 
the funds; and 
"(2) the provision of funds to be used for activities with 
respect to an area or areas not within the area of responsibility 
of a commander of a combatant command that would reduce 
the threat to, or otherwise increase, the national security of 
the United States.". 
(d) Subsection (eXl)(C) of such section is amended to read 
as follows: 
"(C) not more than $5,000,000 may be used to provide 
military education and training (including transportation, 
translation, and administrative expenses) to military and 
related civilian personnel of foreign countries as authorized 
by subsection (b)(7).". 
SEC. 9129. Notwithstanding any other provision of law, any 
statutorily-required analysis of the impact on the defense technology 
and industrial base of terminations and significant reductions of 
major research and development programs and procurement pro-
grams of the Department of Defense shall address only those actions 
recommended by the Defense Department in its annual budget 
request and amendments thereto, supplemental requests, or pro-
posed rescissions. 
SEC. 9130. (a) Notwithstanding any other provision of law. Contracts. 
fimds appropriated under this Act for the Department of Defense l^^^^^ ^^^^ 
shall be made available for the Overseas Workload Program: Pro-
vided, That a firm of any member nation of the North Atlantic 
Treaty Organization (NATO) or of any major non-NATO ally or 
countries in the European Theater, shall be eligible to bid on 
any contract for the maintenance, repair, or overhaul of equipment 
of the Department of Defense to be awarded under competitive 
procedures as part of the program of the Department of Defense 
known as the Overseas Workload Program. 
(b) A contract awarded during fiscal year 1993, or thereafter, 
to a firm described in subsection (a) may be performed in the 
theater in which the equipment is normally located or in the coimtry 
in which the firm is located. 
106 STAT. 1936 
PUBLIC LAW 102-396—OCT. 6, 1992 
Israel. 
President. 
Federal budget. 
10 u s e 221 note. 
Reports. 
(c) For purposes only of this section, Israel shall be considered 
in the European Theater in every respect, with its firms fully 
eU^ble for nonrestrictive, nondiscriminatory contract competition 
under the Overseas Workload Program. 
(d) No funds appropriated for the Overseas Workload Program 
for fiscal year 1993 or thereafter shall be used for contracts awarded 
in fiscal year 1993 or thereafter which have not been opened for 
competition in a manner consistent with this provision. 
SEC. 9131. (a) None of the funds appropriated or otherwise 
made available in this Act may be used to transport or provide 
for the transportation of chemical munitions to the Johnston Atoll 
for the purpose of storing or demilitarizing such munitions. 
(b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical mimition 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. 9132. The President shall include with each budget for 
a fiscal year submitted to the Congress imder 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. 
SEC. 9133. None of the funds provided in this Act may be 
obligated to implement any test of changes in the Department's 
domestic interstate household goods program as proposed in the 
Federal Register on Jime 29,1992. 
SEC. 9134. The Secretary of Defense shall provide for the con-
duct of an independent study, with participation by one or more 
federally funded research and development centers, of the Trident 
missile system. A report containing the results of such study, 
together with the Secretarjr's comments and recommendations 
concerning the report shall be submitted to the Congressional 
defense committees, in classified and unclassified versions, on or 
before July 1, 1993. This report shall address, inter alia, the follow-
ing issues: 
(1) The relative merits and costs of continuing the Trident 
II missile production versus the refurbishment of existing Tri-
dent I missiles, taking into accoimt such factors as inflation, 
appropriate regulations such as 0MB Circular A-94 and DOD 
Instruction 7041.3, refurbishment costs for the Trident I that 
would be incurred anjrway, the impact of the new START 
agreements, refurbishment requirements of the Trident II, and 
other related factors. 
(2) The relative merits and costs of continuing with current 
plans to backfit the first eight Trident submarines with Trident 
II missiles versus their continuation with Trident I missiles, 
taking into accoimt such factors as inflation, appropriate regula-
tions such as OMB Circular A-94 and DOD Instruction 7041.3, 
refurbishment costs for the Trident I that would be incurred 
anyway, the impact of the new START agreements, refurbish-
ment requirements of the Trident II, and other related factors. 
(3) The relative merits and costs of taking anticipated 
SLBM warhead reductions under START in the following ways: 
(A) by offloading individual warheads from missiles; 
(B) by offloading missiles from submarines; 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1937 
(C) by dismantling submarines; 
(D) some combination of the above. 
(4) Options for the United Kingdom to meet its strategic 
requirements in a situation where the United States procure-
ment of Trident II missiles is terminated earlier than originally 
planned. 
(5) The reasons why the costs stated for Trident I refur-
bishment are substantially greater than Minutemen III 
refurbishment. 
(6) The reasons why strategic missile flight testing rates 
are substantially different for the Navy and Air Force, along 
with recommendations for uniform testing rates. 
DEPARTMENT OF COMMERCE 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
SEC. 9135. For an additional amount for "Operations, research, 
and facilities" to cover the cost of grants to persons engaged in 
commercial fisheries, 
as provided in section 308 of the 
Interjurisdictioncil Fisheries Act of 1986, as amended by this Act, 
$65,000,000 to remain available until expended: Provided, That 
the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(bX2XDXi) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That such sums shall be available only to the 
extent an official budget request, for a specific dollar amount, 
that includes designation of the entire amount of the request as 
an emergency requirement, as defined in section 251 of such Act 
is transmitted by the President to Congress: Provided further, That 
section 308 of the Inteijurisdictional Fisheries Act of 1986 (16 
U.S.C. 4107) is amended by adding at the end the following new 
subsection: 
"(d) GRANTS TO COMMERCIAL FISHERMEN.—(1) In addition to 
the £imounts authorized under subsections (a), (b), and (c), there 
are authorized to be appropriated to the Department of Commerce 
$65,000,000 for fiscal year 1992 to enable the Secretary to award 
grants to persons engaged in commercial fisheries, for luiinsured 
losses determined by the Secretaiy to have been suffered as a 
direct result of a fishery resource disaster arising from Hurricane 
Hugo, Hurricane Andrew, Hurricane Iniki, or any other natural 
disaster. Amounts appropriated under this subsection shall remain 
available until expended. 
"(2) The Secretary shall determine the extent, and the begin-
ning and ending dates, of any fishery resource disaster under this 
subsection. 
"(3) Eligibility for a grant under this subsection shall be limited 
to any person tnat has less than $2,000,000 in gross revenues 
annually, as determined by the Secretary. 
"(4) A person may receive a grant under this subsection for 
up to 75 percent of any uninsured commercial fishery loss resulting 
from such a fishery resource disaster (to the extent that such 
losses have not been compensated by other Federal and State 
programs), but shall receive no more than $100,000 in the aggregate 
for all such losses suffered as a result of any particular fishery 
resource disaster. 
106 STAT. 1938 
PUBLIC LAW 102-396—OCT. 6, 1992 
Reports. 
Inter-
governmental 
relations. 
"(5) The Secretary shall establish, after notice and opportunity 
for public comment, appropriate limitations, terms, and conditions 
for awarding grants under this subsection, including provisions 
specifying the means by which applicants must demonstrate claimed 
losses and limiting the ag^egate amounts that may be paid to 
persons that are amliated with each other or under common owner-
ship. 
"(6) As used in this subsection, the term 'person' means any 
individual or any corporation, partnership, trust, association, or 
other nongovernmental entity.". 
SEC. 9136. Of the funds appropriated for drug interdiction 
and coimter narcotics, $35,000,000 shall be appropriated for the 
purposes of modifying with improved radars ana FLIRs and leasing 
up to 15 T-47 aircraft. 
SEC. 9137. It is the sense of the Congress that— 
(1) the Corps of Engineers of the Army should evaluate 
new concrete construction technologies in order to identify tech-
nologies that, if used in the construction of Department of 
Defense facilities in regions susceptible to hurricanes, would 
prevent future hurricanes striking those regions from causing 
the extensive level of damage to those facilities that Hurricane 
Andrew and Hurricane IniM caused at installations and facili-
ties of the Department of Defense in Florida and Hawaii, 
respectively; and 
(2) the Secretary of Defense shoiild ensure that, to the 
extent that it is cost efiTective to do so, concrete construction 
technologies identified in accordance with paragraph (1) be 
used in the construction of facilities of the Department of 
Defense in those regions in the future. 
SEC. 9138. (a) The Secretary of Defense shall transmit to Con-
gress a report on whether the United States should participate 
with other countries of the Western Hemisphere in an international 
rapid deployment force for use in international crises in the Western 
Hemisphere. 
(b) The report shall include a discussion of, and the Secretary's 
recommendations regarding, the following matters: 
(1) Whether a rapid deployment force should be established. 
(2) The circumstances under which the rapid deployment 
force should be used for intervention in international crises 
in the Western Hemisphere. 
(3) Whether the establishment of a rapid deployment force 
with the mission to engage in military operations in the West-
em Hemisphere in such an intervention is prohibited by, or 
inconsistent with, the Charter of the Organization of American 
States. 
(4) How to ensure that the elements of the Armed Forces 
of the United States in the rapid deployment force are not 
introduced into situations involving life-threatening dangers 
without the specific approval of the United States under the 
laws of the United States, including the War Powers Resolution 
(50 U.S.C. 1541 et seq.). 
(c) The Secretary shall submit the report req[uired by subsection 
(a) at the same time as the President submits to dongress the 
budget for fiscal year 1994 piirsuant to section 1105 of title 31, 
United States Code. 
SEC. 9139. (a) During the current fiscal year, whenever a State 
or local development authority or other State or local installation 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1939 
reuse entity submits to the Secretary of a military department 
for approval a proposed interim lease of a facility at a closing 
installation under the jurisdiction of that Secretary, the Secretary 
shall approve or disapprove the proposed interim lease within 60 
days after the proposed interim lease is submitted to the Secretary, 
(b) For purposes of this section, the term "closing", with respect 
to an installation, means an installation that is being closed pursu-
ant to— 
(1) the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 102-510; 104 Stat. 1808; 
10 U.S.C. 2687 note); 
(2) title II of the Defense Authorization Amendments and 
Base Closure and Realignment Act (Public Law 100-526; 10 
U.S.C. 2687 note); or 
(3) section 2687 of title 10, United States Code. 
SEC. 9140. SENSE OF CONGRESS REGARDING UNRESOLVED COMMER* 
CIAL DISPUTES IN SAUDI ARABIA. 
(a) FINDINGS.—The Congress finds that— 
(1) the Department of Commerce has identified "18 major 
unsettled cases, involving 14 American firms with claims of 
approximately $500 million", in Saudi Arabia in a letter dated 
May 27, 1992, to the House Subcommittee on Europe and 
the Middle East; 
(2) the Department has testified that many of these dis-
putes *
*
g
o back 8 to 10 years"; 
(3) the Department of Commerce has testified that "Saudi 
Arabia's commercial law has not kept pace with its great eco-
nomic strides. The Kingdom's system of commercial regulation 
lacks an efiective internationally accepted mechanism to resolve 
disputes with foreign firms."; 
(4) the Department of Commerce has testified that "The 
United States nas trading relationships with virtually all the 
nations in the Near East region. The only country in which 
we encounter a continual problem with unresolved commercial 
disputes is Saudi Arabia."; and 
(5) failure to resolve these contractual disputes results 
in great hardship for the American businesses involved and 
their employees. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Government of the United States and the Grovemment of Saudi 
Arabia should work diligently and without delay to resolve satisfac-
torily the outstanding commercial disputes identified in the Depart-
ment of Commerce letter. 
(c) REPORT.—Not later than February 1, 1993, the Secretary 
of Defense, afi^r 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 18 such disputes 
which remain iinresolved. 
SEC. 9141. (a) Of the fimds appropriated in this Act under 
the heading "Research, Development, Test and Evaluation, Arm/* 
35 percent of the funds made available for each of the Comanche 
Light Armed Scout Helicopter, Apache-Longbow, and Apache-C 
programs may not be obligated and expended until the Secretary 
of Defense submits a report addressing the military and fiscal 
validity of the programs. 
106 STAT. 1940 
PUBLIC LAW 102-396—OCT. 6, 1992 
Classified 
information. 
Public 
information. 
Ante, p. 1120. 
Regulations. 
Colleges and 
universities. 
Schools. 
Civil rights. 
Wsishington. 
Federal 
buildings and 
facilities. 
Public lands. 
(b) Of the funds appropriated in this Act under the headings 
"Research, 
Development, 
Test 
and 
Evaluation, 
Navy" 
and 
"Research, Development, Test and Evaluation, Air Force" 35 percent 
of the funds made available for each of the AX Advanced Attack 
Aircraft, F-18 E/F upgrade variant, and F-22 Advanced Tactical 
Fighter programs may not be obligated and expended until the 
Secretaiy of Defense submits a report addressing the military and 
fiscal validity of the programs. 
(c) The reports required in subsections (a) and (b) above shall 
be submitted, in both classified and unclassified versions, to the 
congressional defense committees no later than May 15,1993. 
SEC. 9142. Of the funds appropriated in this Act, not more 
than nor less than $3,800,000,000 shall be available only for the 
Strategic Defense Initiative. 
S E C 9143. Title II of Public Law 102-368 is amended in the 
paragraph "Operation and maintenance. Defense Agencies", under 
the heading "SUPPLEMENTAL APPROPRIATIONS" by inserting 
", including those" after "school districts" in the first proviso (relat-
ing to educational assistance to school districts). 
S E C 9144. None of the fimds provided in this Act shall be 
available for use by a Military Department for the operation of 
any Officers Candidate School, War College, Command and General 
Staff College, or Military Academy unless, within 60 days of the 
enactment of this Act, the Chief of Staff of the United States 
Army, the Chief of Staff of the United States Air Force, the Chief 
of ^faval Operations, and the Commandant of the Marine Corps 
each provides written certification to the Armed Services and Appro-
priations Committees of the House of Representatives and of the 
Senate that appropriate measures have been taken to publish and 
enforce regulations which expressly prohibit discrimination on the 
basis of race, color, religion, sex, or national origin. 
S E C 9145. Of the funds appropriated under the heading 
"Research, Development, Test ana Evaluation, Army" in this Act, 
not less than $20,000,000 shall be made available only for the 
National Defense Environmental Corporation, or its successor in 
interest, for the continued establishment and operation of the 
National Defense Center for Environmental Excellence (NDCEE): 
Provided, That nothing in the contract for this effort shall prohibit 
use of the NDCEE by industry, associations, other Department 
of Defense services and agencies, and other government agencies 
for efforts to be separately negotiated and funded. 
S E C 9146. During the current fiscal year, the amoimt of individ-
ual loans, guarantees, purchase agreements and other actions vmder 
sections 301, 302, and 303 of the Defense Production Act of 1950, 
as amended (50 U.S.C. App. 2091, 2092, and 2093) may not exceed 
$50,000,000. 
S E C 9147. (a) The project for Bonneville Lock and Dam, Colum-
bia River, Oregon and Washington, authorized by the Act of August 
20, 1937 (50 Stat. 731), and modified by the Water Resources 
Development Act of 1974 (93 Stat. 35), is further modified to direct 
the Secretary of the Army to complete the relocation of the city 
of North Bonneville, Washington, by undertaking and completing 
the following actions: 
(1) On or before the 30th day following the date of the 
enactment of this Act, convey to the city, at no cost to the 
city, all right, title, and interest of the United States to all 
constructedf municipal facilities, utilities, fixtures, and equip-
PUBLIC LAW 102-396-OCT. 6, 1992 
106 STAT. 1941 
ment for the relocated town, together with associated easements 
and rights of entry. 
(2) On or before the 30th day following the date of the 
enactment of this Act, convey to the city, at no cost to the 
city, all right, title, and interest of the United States to all 
puDlic lands, as designated in the plats of the initial town. 
Such lands are identified as open spaces, municipal lots, street 
rights-of-way, and city park and community center lot (lot 
2, block 5), as shown on the plat of relocated North Bonneville. 
(3) In accordance with subsection (b), convey to the city 
all right, title, and interest of the United States to the following 
garcels of optimimi town land, as described and identified in 
Committee Print 102-67 of the Committee on Public Works 
and Transportation. 
(A) Parcels 2 B, C, and H on or before the 30th day 
foUowingthe date of the enactment of this Act. 
(B) Parcel 1 (other than those lands, not to exceed 
10 acres, which are necessary and appropriate for fish 
and wildlife mitigation as determined by the Secretary 
of the Army, in consultation with the Secretary of the 
Interior) on or before the 30th day following receipt by 
the Secretary of the Army of certification by the State 
of Washington Department of Ecology that remedial actions 
required by such department to address contamination on 
parcel 1 have been completed to the satisfaction of such 
department. 
(4) Execute and transmit to the city a release of a claim 
of the United States in the amount of $365,181.12 (plus 
interest) for operation and maintenance costs incurred by the 
Secretory of the Army during the period in which the city 
relocation was not completed. 
(5) At the time of conveyance of the parcels under para-
graph (3), grant easements— 
(A) for reasonable public pedestrian and vehicular 
access to the Columbia River; and 
(B) for storm drain outfalls reasonably required to 
serve the city of North Bonneville. 
(b) Conveyance of the parcels under subsection (aX3) shall 
be in consideration of $597,804 to be paid by the city of North 
Bonneville to the United Stotes. The Secretory of the Army shall 
determine the portion of such sum represented by each parcel 
and upon the conveyance of a parcel shall require pa3rment for 
such parcel, without interest, not later than 10 years after the 
date of such conveyance. 
(c) Completion of the actions required under subsection (a) 
shall constitute completion of the relocation of the city of North 
Bonneville and shall fully satisfy any claim of the city for just 
compensation relating to the toking by the United Stotes of the 
mimicipal facilities and utilities of the city. Upon completion of 
actions required under subsection (a) and request by the Secretary 
of the Army, the city shall transmit to the Secretory of the Army 
written certification of such completion and a release of any future 
claim of the city for just compensation relating to such taking. 
SEC. 9148. Notwithstonding any other provision of law, the Pennsylvania. 
Secretory of Defense shall participate in an infrastructure dem- Real property, 
onstration program conducted by the Regional Equipment Center, 
Cambria County, Pennsylvania: Provided, That within ninety days 
106 STAT. 1942 
PUBLIC LAW 102-396—OCT. 6, 1992 
following enactment of this Act, the Secretary shall provide directly 
such property within the control of the Department of Defense 
or any component thereof as mutually agreed to by the Regional 
Equipment Center and the Secretary and as necessaiy to carry 
out the provisions of this section: Provided further. That of the 
fimds available to the Defense Logistics Agency, $1,000,000 shall 
be available only to establish the Regional Equipment Center in 
Cambria Country Pennsylvania. 
SEC. 9149. For expenses necessary for the purpose of acquiring, 
transporting and drawing down crude oil to be stored in the Strate-
gic Petroleimi Reserve for national defense purposes, $125,625,000 
is appropriated to the Secretary of Defense, which shall be trans-
ferred to the Secretary of Energy by November 1, 1992, to remain 
available imtil expended: Provided, That the Secretary of Energy 
may transfer up to $700,000 to the Strategic Petroleum Reserve 
Accoimt for purposes of operating, maintaining and managing the 
Strategic Petroleum Reserve: Provided further. That the acquisition 
and storage of crude oil authorized under this heading shall be 
in addition to any acquisition or storage of crude oil for the Strategic 
Petroleum Reserve authorized or required by any other law, except 
that the crude oil acquired under this heading may be comingled 
with other petroleum products in the Strategic Petroleum Reserve: 
Provided further. That upon the Presidential findings under section 
161(d) of the Energy Policy and Conservation Act (42 U.S.C. 
6241(d)), and upon the recommendation of the Secretary of Defense, 
the Secretary of Energy shall draw down and distribute for the 
Department of Defense, for its use, sale, or exchange, the amoimt 
of crude oil acquired under this heading: Provided further, That 
crude oil acquired under this heading may be stored, drawn down 
and distributed, used, sold, or exchanged, without regard to: (a) 
the Strategic Petroleum Reserve Plan; (b) otherwise applicable Fed-
eral contracting statutes and regulations; and (c) requirements of 
section 154 (b)-(e), 159 (a)-(f) and 161(e) of the Energy Policy 
and Conservation Act (42 U.S.C. 6234 (b)-(e), 6239(a)-(f) and 
6241(e)): Provided further. That the costs of the draw down shall 
be reimbursed to the Strategic Petroleum Reserve Account, Depart-
ment of Energy, from fimds available to the Secretary of Defense 
at the time of the draw down: Provided further. That upon draw 
down and sale of the oil acquired under the authority hereunder, 
the receipts of sale shall be deposited in this account and shall 
remain available until expended for the acquisition of oil and related 
expenses for the purposes herein stated: Provided further. That 
no amendment to the Strategic Petroleum Reserve Plan is required 
for the implementation under this heading: Provided further. That 
outlays under this heading shall not be counted against any outlay 
ceiling established in the SPR Petroleum Account: Provided further. 
That any appropriation under this heading shall not be counted 
as an appropriation for the purposes of section 160(gX4) of the 
Energy Policy and Conservation Act (42 U.S.C. 6240(g)(4)). 
SEC. 9150. Notwithstending any other provision of law, the 
Secretory of Defense is authorized to expend up to $5,000,000 
of funds available to the Department of Defense during the current 
fiscal year or hereafter for the purpose of acquiring approximately 
one thousand five hundred and two acres of tidelands in the Stote 
of Washington from the Coast Oyster Company: Provided, That 
as soon as practicable following such acquisition, such tidelands 
shall be conveyed without a requirement for compensation to the 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1943 
State of Washington: Provided further, That such acquisition and 
transfer shall be for mitigating responsibilities related to tideland 
access guaranteed under treaties between American Indian tribes 
in the Pi^et Sound region and the Federal Government: Provided Claims. 
further, lliat the Government of the United States shall be held gfiJ^'T'^y 
harmless or indemnified for any and all risks and claims resulting Washington. 
from activities carried out on such land prior to its conveyance 
to the State of Washington. 
SEC. 9151. Diiring the current fiscal year, fimds available to 
the Department of Defense used for a system or item procured 
by, or provided to, the Department of Defense containing manufac-
tured carbonyl iron powders shall be available only for a system 
or item containing domestically manufactured cartionyl iron pow-
ders: Provided, That the Secretary of Defense may waive the provi-
sion of this section upon a determination that it is in the national 
interest: Provided further. That for the purpose of this section 
"domestically manufactured" means manufactured in a facility 
located in the United States or Canada. 
SEC. 9152. Notwithstanding the provisions of section 351 (a) 
of the National Defense Authorization Act for Fiscal Year 1993 
or any otiier provision of law, no fimds appropriated or available 
to the Department of Defense shall be made available to prevent 
or delay the transfer and execution of the tactical missile mainte-
nance consolidation to Letterkenny Army Depot and, in addition, 
no funds shall be made available for a depot selection competition 
to assess depot level tactical missile msuntenance. For purposes 
of this section, this Act shall be treated as having been enacted 
after the National Defense Authorization Act for Fiscal Year 1993 
(regardless of the actual dates of enactment). 
SEC. 9153. Funds available for disaster relief activities of the 
Dep£urtment of Defense may be used to provide bridge financing 
for the National Guard, for pay and allowances of members of 
the National Guard assisting m times of emergencies and natural 
disasters, until such time as Federal emergency has been declared. 
SEC. 9154. Fimds appropriated in this Act under the heading 
"Operation and Maintenance, Navy" shall be available for payments 
arising out of the deaths and iiyunes that resulted from the acciden-
tal striking of the Turkish ship Muavenet by a missile fired from 
the aircraft; carrier Saratoga on October 1,1992. 
SEC. 9155. Section 206(a) of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1705(a)) is amended by striking out 
"$50,000" and inserting in lieu thereof "$10,000". 
SEC. 9156. The energy, educational, and medical facilities listed 
in amendment number 37 of the conference agreement on H.R. 
5373, an Act making appropriations for energy and water develop-
ment for the fiscal year ending September 30, 1993, and for other 
purposes, as reported and filed by the Committee of Conference 
on September 15, 1992, in the House of Representatives (House 
Report 102-866) for which the sum of $94,800,000 was included 
therein for such facilities, are hereby authorized and that sum 
as named in the appropriation shall be available only for these 
facilities in lieu of competitive merit-review awards or any other 
provision contained in that appropriations as enacted into law. 
SEC. 9157. In addition to amounts appropriated elsewhere in 
this Act to the Department of Defense, $4,500,000 is appropriated 
only for the construction of a visitors center at the United States 
Naval Academy, Annapolis, Maryland; $5,500,000 is appropriated 
106 STAT. 1944 
PUBLIC LAW 102-396—OCT. 6, 1992 
only for the construction of a library at Fort Bragg, North Carolina; 
$9,700,000 is appropriated only for the construction of the 154th 
Composite Groiip Consolidated Support Facility, Hickam Air Force 
Base, Oahu, Hawaii; $1,050,000 is appropriated only for the 
construction of an armory at Kaunakakai, Molokai, Hawaii; 
$8,500,000 is appropriated only for the construction of FACP facili-
ties at Barking Sands Naval Air Station, Kauai, Hawaii; and 
$4,300,000 is appropriated only for the construction of an armory 
at Wahiawa, Oahu, Hawaii. 
SEC. 9158. From within funds provided in title H of this Act, 
the Secretary of Defense, in consultation with the Secretary of 
State, may obligate up to $100,000,000 to provide goods, services, 
and other support for mtemational peacekeeping and humanitarian 
relief efforts under the authorities of the United Nations Participa-
tion Act of 1945, as amended (Public Law 79-264). 
SEC. 9169. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL 
PROJECT, 
CALIFORNIA: 
PRECONSTRUCTION 
ENGIN-
EERING AND DESIGN; NATOMAS LEVEE CONSTRUCTION. 
(a) CONTINUATION OF ENGINEERING AND DESIGN.—The Sec-
retary of the Army is directed to reevaluate the project for flood 
control and recreation, Sacramento and American Rivers, California, 
as described in the feasibility report of the Chief of Engineers, 
entitled the "American River Watershed Investigation", dated July 
1,1992, subject to the provisions of this section. 
(b) NATOMAS LEVEE FEATURES.— 
(1) CONSTRUCTION.—The Secretary of the Army is author-
ized and directed to construct the Natomas levee features of 
the project as described in the feasibility report referred to 
in subsection (a), subject to entering into appropriate local 
cost-sharing agreements from the non-Federal sponsors of the 
project, provided that such construction does not encourage 
the development of deep floodplains. 
(2) CREDIT FOR CERTAIN NON-FEDERAL WORK.—^The Sec-
retary of the Army shall credit against the non-Federal share 
of the cost of construction under paragraph (1), or reimburse 
the non-Federal sponsors, for any planning and construction 
work performed by the non-Federal sponsors to protect the 
Natomas area which is commenced prior to the Army Corps 
of Engineers' receiving appropriations to initiate such construc-
tion and which is consistent with the feasibility report referred 
to in subsection (a). 
(c) GATING AND EXPANDABIUTY REPORT.—In carrying out the 
reevaluation described in subsection (a) and in consiiltation with 
the State of California, the local non-Federal sponsors, and other 
interested groups, the Secretary of the Army is directed, within 
one year after the date of the enactment of this Act, to submit 
to the Committee on Public Works and Transportation of the House 
of Representetives and the Committee on Environment and Public 
Works of the Senate a report which: 
(1) analyzes the outlet design of the flood control dam 
proposed as a feature of the project referred to in subsection 
(a), including an analysis of various configurations and capac-
ities of gates (including a completely imgated configuration, 
a partly ungated configuration, emergency gates, operational 
gates, or a combination thereof) to ensure the safety of tiie 
ood control dam itself, to provide for system safety, to mini-
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1945 
mize small event flooding of the Auburn Canyon, and to 
minimize damages to the vegetation, soils, and habitat in the 
canyon; and 
(2) includes further analysis as to whether any feature 
or characteristic of the flood control dam would preclude its 
efficient expansion for water, power, or other purposes, and 
whether the design would create any greater difficulty for an 
expanded dam to meet seismic requirements than a multipur-
pose dam would otherwise encounter, and further assessment 
of the extra costs attributable to installation into an expanded 
dam such penstocks, operational gates and other features of 
a multipiupose dam which would not be included in an expand-
able dam lacking advanced features. 
(d) REPAYMENT OF DESIGN WORK.—The non-Federal share of 
the costs of the design and reevaluations described in subsection 
(a) shall not be reqmred to be repaid imtil sifter the execution 
of the agreement required by section 103(j) of the Water Resources 
Development Act of 1986 and immediately prior to the initiation 
of construction of the project or the appropriate separable element. 
(e) SPECIAL EVALUATION REPORTS.— 
(1) In carrying out the reevaluation described in subsection 
(a) and in consultation with the State of California, the local 
non-Federal sponsors, and other interested groups, the Sec-
retary of the Army shall perform further evaluation of, and, 
within twelve months after the date of the enactment of this 
Act, submit to the Committee on Public Works and Transpor-
tation of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report on, 
other features and operational procedures that should be imple-
mented in a coordinated plan to provide flood protection suffi-
ciently high for a major urban area subject to risk of frequent 
floods causing great economic, environmental, and social dam-
age. The report shall specifically address, at a minimum, the 
following: 
(i) The reliability, costs, environmental impacts, and 
public safety risks associated with increasing objective 
flows in the Lower American River above the 115,000 cubic 
feet per second design capacity, as well as the costs and 
impacts of permanent reoperation of Folsom Reservoir at 
different levels of increased flood storage, including the 
appropriate alternatives for sharing costs associated with 
Folsom Dam. 
(ii) The costs and benefits of lowering the spillway 
at Folsom Dam in order to improve the dam's ability to 
S
ass a maximum probable flood £ind improve its operational 
exibilityfor flood control. 
(iii) The costs and benefits of transferring flood control 
obligations from the Folsom Reservoir to a new flood control 
facility at Auburn, increasing the Folsom Reservoir's 
capability for water supply. 
(iv) The costs and benefits of utilizing existing and 
increased flood space in the upstream reservoirs to enhance 
the flood control capability at Folsom Dam and of establish-
ing offstream storage in Deer Creek, alone or in combina-
tion with the alternatives referenced in paragraphs (i) and 
(ii) of this subsection. 
106 STAT. 1946 
PUBLIC LAW 102-396—OCT. 6, 1992 
Public 
information. 
Reporta. 
(2) The Secretary of the Army shall further consult with, 
and solicit the views of, the National Academy of Engineering 
on the contingency assmnptions, hydrological methodologies 
used in the preparation of the American River Project, and 
other engineering assumptions and methodologies influencing 
the scope and formulation of the American River flood contnd 
alternatives. Such consultation shall also solicit the views of 
the National Academy of Engineering on the merits of normal-
ized use of reservoir surcharge space in a flood control regime 
for Sacramento. Any opinions with respect to these and other 
issues rendered by the National Academy of Engineering shall 
be made available to the public and included in the reports 
transmitted to Congress pursuant to this section, 
(f) FoLSOM DAM.— 
(1) IN GENERAL.—Congress recognizes the urgency of ensur-
ing that Folsom Dam is operated correctly, safely, efllciently 
and prudently for flood control purposes. The Secretary of the 
Interior (in consultation with the Sacramento Flood Control 
Agency and the Secretary of the Army) shall operate Folsom 
Dam to provide the maximum level of flood protection. 
(2) FLOOD MANAGEMENT PLAN.—<A) Not later than one 
year after the date of enactment of this Act, and consistent 
with existing law, the Secretaries of the Army and Interior 
shall jointly develop and implement a flood management plan 
for the American River and Folsom Dam that ensures prompt, 
reliable, and full utilization of the flood control capability at 
Folsom Dam and other existing water resources development 
projects located in the American River watershed, California. 
Consistent with existing law, the plan should maximize the 
flood control capability within Folsom Dam's flood space res-
ervation. The plan shall also identify opportunities and make 
recommendations to improve the stream gauge network and 
flood forecast system for the upper American River watershed. 
The Plan should also recognize that reservoir releases need 
to be made as quickly as possible in anticipation of incoming 
flow and in accordance with existing documents: "1959 Res-
ervoir Regulations, Appendix II, the Corps Master Manual, 
Sacramento River Basin Reservoir Regulation Manual, Folsom 
Dam/Reservoir, American River: October 1, 1956," revised 
March 1959. 
(B) The components of the inflow forecasting system and 
revised flood release rules and practices, and nydrographic 
and flood frequency models shall give due deference to the 
National Academy of Engineering findings developed pursuant 
to subsection (eX2) of this section. 
SEC. 9160. In addition to amounts appropriated elsewhere in 
this Act, $500,000 shall be available only for the settlement of 
subcontractor claims associated with the ^j*my Corps of Engineers 
contract DACA85-88-0025, for the construction of an Aircraft 
Maintenance Management Facility at Eielson Air Force Base: Pro-
vided, TTiat the Secretary of the Air Force shall evaluate such 
claims as may be submitted by subcontractors engaged under this 
contract, and, notwithstanding any other provision of law, may 
pay such amounts from the funds provided in this paragraph as 
the Secretary deems appropriate to settle completely any claims 
the Secretary determines to have merit: Provided further, That 
the Secretary shall report to the House and Senate Committees 
PUBLIC LAW 102-396—OCT. 6, 1992 
106 STAT. 1947 
on Appropriations the resolution of such claims as are presented 
for consideration not later than March 15,1993. 
SEC. 9161. Section 118(a) of title 28, United States Code, is 
amended by inserting "Lancaster," before "Reading". 
SEC. 9162. Notwithstanding any other provision of law, from 
the funds made available in title II of this Act, the Secretary 
of Defense may make a grant of $34,000,000 to the American 
Red Cross for reimbursement for disaster relief expenditures for 
Guam, American Samoa and Puerto Rico. 
SEC. 9163. Notwithstanding any other provision of law or regu-
lation, the Secretary of the Navy is authorized and directed to 
increase the current contract price (the contract price including 
all modifications as of the date of enactment of this Act) for the 
T-AGS 39 and 40 design and construction contract by $40,000,000 
using funds provided in Public Law 102-172 for this program, 
and shall pay to the contractor which built and delivered T-AGS 
39 and 40 the amount of $40,000,000, no later than December 
31, 1992: Provided, That the contractor shall execute a release 
discharging the Government, its officers, agents and employees 
from any additional liability arising under or relating to the contract 
for T-AGS 39 and 40: Provided further, That the contractor shall 
agree to dismiss with prejudice its pending action in the United 
States Claims Court. 
SEC. 9164. Notwithstanding any other provision of law, prior 
to March 1, 1993, the Secretary of the Air Force is directed to 
enter into a Supplemental Agreement to Air Force Prime Contract 
F04701-85-C-0019 for a Heavy Lift Expendable Launch Vehicle: 
Provided, That such a Supplemental Agreement shall address the 
Solid Rocket Motor Upgrade (SRMU) program and shall provide 
up to $350,000,000 in payment to the prime contractor and the 
agreed upon pa3niients to the subcontractor for costs associated 
with: (a) conversion of the existing SRMU subcontract to a Fixed 
Price Incentive subcontract with equitable changes to the Titan 
IV Prime contract as necessary to encompass this conversion and 
subsections (b), (c), and (d) of this paragraph; (b) removal of 
concurrency in the SRMU development and production programs; 
(c) working capital contributions related to SRMU development, 
tooling and production; and (d) amortization of deferred non-
recurring development, qualification and tooling: Provided 
further, 
That as a condition of the Supplemental Agreement, the Air Force 
shall require the prime contractor to certify that all legal disputes 
have been completely and finally resolved between the parties to 
the SRMU subcontract: Provided further. That the Air Force shall 
restructure the SRMU program to align production with mission 
model launch requirements: Provided further. That within funds 
appropriated to the Department of the Air Force either in this 
Act or in Public Law 102-172 not less than $200,000,000 nor 
more than $300,000,000 shall be available for the Supplemental 
Agreement and that such sums shall be in addition to any amoimts 
appropriated specifically for the Titan IV program in this Act or 
in Public Law 102-172: Provided further. That the Secretary of 
the Air Force may use incremental funding for the restructured 
Titan IV program under the existing contract for 41 vehicles: Pro-
vided further. That the prime contractor shall certify all costs 
for which reimbursement is received and all such costs shall be 
subject to the normal allowability standards of the United States 
Government: Provided further. That the Air Force shall notify the 
Contracts. 
Claims. 
Contracts. 
106 STAT. 1948 
PUBLIC LAW 102-396—OCT. 6, 1992 
Committees on Appropriations of the House and Senate of the 
results of Uie negotiations and how funds will be made available 
to pay the negotiated settlement. 
SEC. 9165. Within funds appropriated in this Act for the 
National Foreign Intelligence Program, the Director of Central 
Intelligence may transfer up to $32,000,000 to the Federal Bureau 
of Investigation for special programs: Provided, That the Director 
of Central Intelligence shall notify the House and Senate Commit-
tees on Appropriations prior to transferring any funds pursuant 
to this section. 
SEC. 9166. In addition to amounts appropriated or otherwise 
made available by tiiis Act, $303,000,000 is hereby appropriated 
to the Department of Defense and shall be available only for transfer 
to the United States Coast Guard, of which $253,000,000 shall 
be merged with and be available for the same purposes and same 
time period as "Operating Expenses" for fiscal year 1993 and 
$50,000,000 shall be merged with and be available for the same 
purposes and same time period as "Reserve Training" for fiscal 
year 1993: Provided, That the foregoing transfers shall be made 
immediately upon enactment of this Act. 
SEC. 9167. None of the funds available to the Department 
of Defense may be obligated or expended for construction of a 
Groimd Wave Emergencjr Network (GWEN) site in the Common-
wealth of Massachusetts in Fiscal Year 1993. 
42USCii70ief 
SEC. 9168. S. 2681, as passed by the Senate on September 
i«%iF ^^ 
12,1992, is hereby enacted into law. 
This Act may be cited as the "Department of Defense Appropria-
tions Act, 1993". 
Approved October 6, 1992. 
1621d. 
LEGISLATIVE HISTORY—H.R. 5504: 
HOUSE REPORTS: Nos. 102-627 (Comm. on Appropriations) and 102-1015 (Comm. of 
Conference). 
SENATE REPORTS: No. 102-408 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
July 2, considered and passed House. 
Sept. 21-23, considered and passed Senate, amended. 
Oct. 5, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 6, Presidential statement.