< Back to H.R. 3116 (103rd Congress, 1993–1994)

Text of the Department of Defense Appropriations Act, 1994

This bill was enacted after being signed by the President on November 11, 1993. The text of the bill below is as of Oct 21, 1993 (Public Print).

This is not the latest text of this bill.

Source: GPO

HR 3116 PP

103d CONGRESS

1st Session

H. R. 3116

IN THE HOUSE OF REPRESENTATIVES

October 21, 1993

Ordered to be printed with the amendments of the Senate numbered


AN ACT

Making appropriations for the Department of Defense for the fiscal year ending September 30, 1994, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1994, for military functions administered by the Department of Defense, and for other purposes, namely:

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

    For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army 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; ( 1 ) [Struck out->] $21,571,207,000 [<-Struck out] $21,212,285,000.

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 members 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 Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; ( 2 ) [Struck out->] $18,633,383,000 [<-Struck out] $18,156,982,000.

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 temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; ( 3 ) [Struck out->] $5,763,117,000 [<-Struck out] $5,755,272,000.

Military Personnel, Air Force

    For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members 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; ( 4 ) [Struck out->] $15,916,937,000 [<-Struck out] $15,662,809,000.

Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3021, and 3038 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Reserve Officers’ Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; ( 5 ) [Struck out->] $2,143,272,000 [<-Struck out] $2,138,416,000.

Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 265 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; ( 6 ) [Struck out->] $1,565,838,000 [<-Struck out] $1,550,989,000.

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 Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; ( 7 ) [Struck out->] $350,490,000 [<-Struck out] $311,661,000.

Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8021, and 8038 of title 10, United States Code, or while serving on active duty under section 672(d) of title 10, United States Code, in connection with performing duty specified in section 678(a) of title 10, United States Code, or while 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 section 2131 of title 10, United States Code, as authorized by law; and for payments to the Department of Defense Military Retirement Fund; ( 8 ) [Struck out->] $783,158,000 [<-Struck out] $778,919,000.

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 Department of Defense Military Retirement Fund; ( 9 ) [Struck out->] $3,334,183,000 [<-Struck out] $3,332,556,000.

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 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 Department of Defense Military Retirement Fund; ( 10 ) [Struck out->] $1,215,935,000 [<-Struck out] $1,230,471,000.

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; ( 11 ) [Struck out->] $15,221,091,000 [<-Struck out] $15,706,229,000 and, in addition, ( 12 ) [Struck out->] $880,200,000, to be derived by transfer from the Defense Business Operations Fund and [<-Struck out] $150,000,000 shall be derived by transfer from the National Defense Stockpile Transaction Fund: Provided, That $450,000 shall be made available only for the 1994 Memorial Day Celebration and $450,000 shall be made available only for the 1994 Capitol Fourth Project ( 13 ) : Provided further, That of the funds appropriated in this paragraph, not less than $6,500,000 shall be made available only for the Army Environmental Policy Institute, of which $2,000,000 shall be made available only for a study on the effects of depleted uranium on the environment: Provided further, That of the funds appropriated in this paragraph, $500,000 shall be available only for a study of the effects of uranium milling, including exposure to radon chemicals and uranium, on the health of those individuals employed in uranium mills in the southwestern United States during the period beginning on January 1, 1947 and ending on December 31, 1971: Provided further, That the Senate finds that--

      (1) the United States entered into Operation Restore Hope in December of 1992 for the purpose of relieving mass starvation in Somalia;

      (2) the original humanitarian relief mission in Somalia had the unanimous support of the Senate, expressed in Senate Joint Resolution 45, passed on February 4, 1993;

      (3) the original humanitarian mission was being successfully accomplished by United States forces, working with forces of other nations, and an expanded mission was assumed by the United Nations on May 4, 1993 pursuant to United Nations Resolution 814, of March 26, 1993;

      (4) neither the expanded United Nations mission of national reconciliation, nor the broad mission of disarming the clans, nor any other mission not essential to the performance of the humanitarian mission has been endorsed or approved by the Senate;

      (5) the expanded mission of the United Nations was, subsequent to an attack upon United Nations forces, diverted into a mission aimed primarily at capturing certain persons, pursuant to United Nations Security Council Resolution 837, of June 6, 1993;

      (6) the actions of hostile elements in Mogadishu, and the United Nations mission to subdue those elements, have resulted in open conflict in the city of Mogadishu and the deaths of 29 Americans, at least 159 wounded, and the capture of American personnel; and

      (7) during fiscal years 1992 and 1993, the United States incurred expenses in excess of $1,100,000,000 to support operations in Somalia:

    Provided further, That the Senate approves the use of United States Armed Forces in Somalia for the following purposes--

      (i) The protection of United States personnel and bases; and

      (ii) The provision of assistance in securing open lines of communication for the free flow of supplies and relief operations through the provision of--

        (I) United States military logistical support services to United Nations forces; and

        (II) United States combat forces in a security role and as an interim force protection supplement to United Nations units:

    Provided further, That funds appropriated, or otherwise made available, in this or any other Act to the Department of Defense may be obligated for expenses incurred only through March 31, 1994 for the operations of United States Armed Forces in Somalia: Provided further, That such date may be extended if so requested by the President and authorized by the Congress: Provided further, That funds may be obligated beyond March 31, 1994 to support a limited number of United States military personnel sufficient only to protect American diplomatic facilities and American citizens, and noncombat personnel to advise the United Nations commander in Somalia: Provided further, That United States combat forces in Somalia shall be under the command and control of United States commanders under the ultimate direction of the President of the United States: Provided further, That the President should intensify efforts to have United Nations member countries immediately deploy additional troops to Somalia to fulfill previous force commitments made to the United Nations and to deploy additional forces to assume the security missions of United States Armed Forces: Provided further, That--

      (A) captured United States personnel in Somalia should be treated humanely and fairly; and

      (B) the United States and the United Nations should make all appropriate efforts to ensure the immediate and safe return of any future captured United States personnel:

    Provided further, That the President should ensure that, at all times, United States military personnel in Somalia have the capacity to defend themselves, and American citizens: Provided further, That the United States Armed Forces should remain deployed in or around Somalia until such time as all American service personnel missing in action in Somalia are accounted for, and all American service personnel held prisoner in Somalia are released

Operation and Maintenance, Navy

(INCLUDING TRANSFER OF FUNDS)

    For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $4,667,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; ( 14 ) [Struck out->] $18,097,782,000 [<-Struck out] $19,845,083,000 and, in ( 15 ) [Struck out->] addition $1,092,700,000, to be derived by transfer from the Defense Business Operations Fund and [<-Struck out] addition, $150,000,000 shall be derived by transfer from the National Defense Stockpile Transaction Fund ( 16 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That $350,000 shall be available only to connect residences located in the vicinity of the Naval Air Warfare Center, Warminster, to the Warminster municipal water supply system [<-Struck out] . [<-Struck out] [<-Struck out]

Operation and Maintenance, Marine Corps

( 17 ) [Struck out->] (including transfer of funds) [<-Struck out]

    For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; ( 18 ) [Struck out->] $1,773,889,000 and, in addition, $121,000,000, to be derived by transfer from the Defense Business Operations Fund [<-Struck out] $1,834,495,000.

Operation and Maintenance, Air Force

(INCLUDING TRANSFER OF FUNDS)

    For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $8,787,000 can be used for emergencies and 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; ( 19 ) [Struck out->] $18,305,447,000 [<-Struck out] $19,107,389,000 and, in addition, ( 20 ) [Struck out->] $941,400,000, to be derived by transfer from the Defense Business Operations Fund and [<-Struck out] $200,000,000 shall be derived by transfer from the National Defense Stockpile Transaction Fund ( 21 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That $15,500,000 shall only be used to operate, maintain and enhance the Tactical Interim CAMS and REMIS Reporting System (TICARRS-92): [Struck out->] Provided further, [Struck out->] That TICARRS-92 be reestablished, with direct maintenance data input, as the supporting system for at least one wing each of F-15, F-16, and F-117A aircraft by no later than February 1, 1994: [Struck out->] Provided further, [Struck out->] That TICARRS-92 be reestablished, with direct maintenance data input, as the supporting system for all F-15, F-16, and F-117A aircraft by no later than April 1, 1994: [Struck out->] Provided further, [Struck out->] That none of the funds appropriated or otherwise made available under this Act shall be used to operate, maintain or otherwise support an automated maintenance management system for F-15, F-16, and F-117A aircraft other than TICARRS-92 after April 1, 1994: [Struck out->] Provided further, [Struck out->] That of the funds appropriated under this heading, not more than $9,538,000 shall be available only for a grant to the Women in Military Service For America Memorial Foundation, Inc., to be used solely to perform the repair, restoration, and preservation of the main gate structures, center plaza, and Homicycle of the Arlington National Cemetery. These funds shall be made available solely for project costs and none of the funds are for remuneration of any entity or individual associated with fund raising for the project: [Struck out->] Provided further, [Struck out->] That of the funds appropriated under this heading, $5,000,000 shall be made available only for continued environmental restoration of the former Olmsted Air Force Base, Pennsylvania [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

Operation and Maintenance, Defense-Wide

    For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law; ( 22 ) [Struck out->] $9,487,133,000 [<-Struck out] $9,452,165,000, of which not to exceed $25,000,000 may be available for the CINC initiative fund account; and of which not to exceed $19,422,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes ( 23 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds appropriated by this paragraph, $996,001,000 shall be made available only for the Special Operations Command: [Struck out->] Provided further, [Struck out->] That, of the funds appropriated in this paragraph $10,000,000 shall be available for activities to support the clearing of landmines for humanitarian purposes: [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this paragraph, $427,705,000 shall not be obligated or expended until authorized by law [<-Struck out] : Provided, That of the funds appropriated under this heading, $58,000,000 shall be made available only for aiding school districts in accordance with authority granted under sections 3(a) through 3(e) of Public Law 81-874: Provided further, That of the funds appropriated in this paragraph, not less than $50,000,000 shall be made available only for the Legacy Resource Management Program, of which not less than $200,000 shall be made available for the Legacy Resource Management Program fellowships: Provided further, That of the funds appropriated under this heading, $10,000,000 shall be made available only for the repair and maintenance of federally owned education facilities located on military installations ( 24 ) : Provided further, That of the funds appropriated under this heading, $1,000,000 shall be made available only for use by the Office of the Secretary of Defense for the exploitation of captured Iraqi Government documents relating to the Kurds and other minorities of northern Iraq: Provided further, That the funds in the preceding proviso may be made available for personal service contracts of Arabic-language linguists and may be exempt from competitive bidding requirements: Provided further, That of the funds appropriated under this heading, $1,000,000 shall be made available only for the Defense Mapping Agency to evaluate and procure available imagery photographs and materials from successor states of the former Soviet Union: Provided further, That the Director of the Defense Mapping Agency shall report to the Congressional Defense Committees the availability of such imagery materials, priorities for acquisition and the process for the dissemination of such materials to Federal agencies, State and local authorities, academic institutions and the private sector not later than March 15, 1994 [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

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 equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; ( 25 ) [Struck out->] $1,115,095,000: [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, $19,505,000 shall not be obligated or expended until authorized by law [<-Struck out] $1,057,740,000. [<-Struck out] [<-Struck out]

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 equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; ( 26 ) [Struck out->] $807,200,000 [<-Struck out] $761,137,000 ( 27 ) [Struck out->] : [Struck out->] Provided, [Struck out->] That operational control of the Naval Reserve Personnel Center, including its functions and responsibilities, shall be under the command and control of the Commander, Naval Reserve Command [<-Struck out] ( 28 ) [Struck out->] : [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this paragraph, $31,400,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

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, supplies, and equipment; and communications; ( 29 ) [Struck out->] $86,855,000: [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, $11,805,000 shall not be obligated or expended until authorized by law [<-Struck out] $75,125,000. [<-Struck out] [<-Struck out]

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 transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; ( 30 ) [Struck out->] $1,370,222,000: [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, $15,644,000 shall not be obligated or expended until authorized by law [<-Struck out] $1,333,470,000. [<-Struck out] [<-Struck out]

Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); ( 31 ) [Struck out->] $2,272,018,000 [<-Struck out] $2,216,944,000 ( 32 ) [Struck out->] :-Provided, [Struck out->] That of the funds appropriated in this paragraph, $10,000,000 shall be available only for a National Guard Outreach Program in the Los Angeles School District: [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this paragraph, $48,763,000 shall not be obligated or expended until authorized by law [<-Struck out] : [<-Struck out] Provided, That of the funds appropriated under this heading, $3,000,000 shall be made available only for the MEDRETES program [<-Struck out] . [<-Struck out]

Operation and Maintenance, Air National Guard

    For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; ( 33 ) [Struck out->] $2,695,233,000 [<-Struck out] $2,686,299,000 ( 34 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds appropriated under this paragraph, $3,000,000 shall be made available only for the operation of Air National Guard C-130H operational support aircraft of the 159th Air National Guard Fighter Group and the 169th Air National Guard Fighter Group [<-Struck out] ( 35 ) [Struck out->] : [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this paragraph, $30,000,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

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 operation and maintenance of rifle ranges; the instruction of citizens in marksmanship; the promotion of rifle practice; the conduct of the national matches; the sale of ammunition under the authority of title 10, United States Code, sections 4308 and 4311; the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; and the payment to competitors at national matches under section 4312 of title 10, United States Code, of subsistence and travel allowances under section 4313 of title 10, United States Code; not to exceed $2,483,000.

Court of Military Appeals, Defense

    For salaries and expenses necessary for the United States Court of Military Appeals; ( 36 ) [Struck out->] $5,855,000 [<-Struck out] $6,055,000, of which not to exceed $2,500 can be used for official representation purposes ( 37 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, $245,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out]

Environmental Restoration, Defense

(INCLUDING TRANSFER OF FUNDS)

    For the Department of Defense; ( 38 ) [Struck out->] $1,716,800,000 [<-Struck out] $2,207,800,000, to remain available until transferred: Provided, That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, ( 39 ) [Struck out->] research and development associated with hazardous wastes and [<-Struck out] removal of unsafe buildings and debris of the Department of Defense, or for similar purposes (including programs and operations at sites formerly used by the Department of Defense), transfer the funds made available by this appropriation to other appropriations 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 determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That of the funds provided under this heading, not less than $200,000,000 shall be available only for the expedited cleanup of environmentally contaminated sites and only in accordance with a comprehensive plan submitted to Congress by the Secretary of Defense.

( 40 ) [Struck out->] Support for International Sporting Competitions, Defense [<-Struck out]

[Struck out->] (INCLUDING TRANSFER OF FUNDS) [<-Struck out]

    [Struck out->] For expenses of logistical support (including security planning and services) and personnel services provided by the Department of Defense for the World University Games, the 1996 Games of the XXVI Olympiad, and the World Cup USA Organizing Committee, (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 such international sporting competitions), as authorized by law, provided by any component of the Department of Defense to such sporting competitions, $6,000,000, of which not less than $2,000,000 shall be available only for the 1996 Games of the XXVI Olympiad, to remain available until expended: Provided, That unobligated balances of funds appropriated in the Department of Defense Appropriations Act, 1992 (Public Law 102-172) under the headings ‘World University Games’ and ‘Summer Olympics’ and unobligated balances of the funds appropriated in the Department of Defense Appropriations Act, 1993, (Public Law 102-396) under the headings ‘World University Games’ and ‘Summer Olympics’ and ‘World Cup USA 1994’ in title II of that Act shall, notwithstanding section 8003 of Public Law 102-172 and section 9003 of Public Law 102-396, upon the enactment of this Act, be transferred to this appropriation, to be merged with and to be available for the same purposes, and for the same time period, as this appropriation: Provided further, That the funds so transferred from such Acts under the headings ‘Summer Olympics’ shall be available only for expenses for, or incurred in anticipation of, the support provided, or to be provided, to the 1996 Games of the XXVI Olympiad: Provided further, That funds appropriated in this paragraph shall not be obligated or expended until authorized by law. [<-Struck out]

Summer Olympics

    For logistical support and personnel services (other than pay and nontravel related allowances of members of the Armed Forces of the United States, except for members of the reserve components thereof called or ordered to active duty to provide support for the 1996 Games of the XXVI 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; $12,000,000.

Humanitarian Assistance

    For transportation for humanitarian relief for the people of Afghanistan ( 41 ) , the Kurdish population and other minorities of northern Iraq, and ( 42 ) the people of sub-Saharan Africa, acquisition and shipment of transportation assets to assist in the distribution of such relief, and for transportation and distribution of humanitarian relief supplies, and excess non-lethal property; ( 43 ) $15,000,000 $48,000,000, to remain available for obligation until September 30, 1995 ( 44 ) :-Provided, That of the funds appropriated in this paragraph, $15,000,000 shall not be obligated or expended until authorized by law: Provided, That of the funds appropriated under this heading, $30,000,000 shall be made available only for Kurdish relief activities, of which $15,000,000 shall be made available for a 1993-1994 winterization relief program: Provided further, That of the funds appropriated under this heading, $10,000,000 shall be made available for activities to support clearing of land mines for humanitarian purposes.

Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical and other weapons; for providing incentives for demilitarization; for establishing programs to prevent the proliferation of weapons, weapons components, and weapons-related technology and expertise; for expansion of military-to-military contacts; for supporting the conversion of military technologies and capabilities into civilian activities; and for retraining military personnel of the former Soviet Union; $400,000,000, to remain available until expended ( 45 ) : Provided, That of the funds appropriated under this heading, $10,000,000 shall be made available only for the continuing study, assessment, and identification of nuclear waste disposal by the former Soviet Union in the Arctic region: Provided further, That the transfer authority provided in section 9110(a) of the Department of Defense Appropriations Act, 1993, shall continue to be in effect during fiscal year 1994: Provided further, That any transfer made under the foregoing proviso in this paragraph shall be subject to the limitations and the reporting requirements stipulated in section 8006 of this Act ( 46 ) : Provided further, That the Director of Central Intelligence shall report to the President and the Congressional defense and intelligence committees on the current status of intercontinental ballistic missile development and production in states eligible for assistance under this heading: Provided further, That none of the funds appropriated under this heading may be expended or transferred to an otherwise eligible recipient state if the President concludes, and notifies the Congressional defense and intelligence committees in a written report, that the potential recipient is currently engaged in the production of a new road mobile or fixed-site land based intercontinental ballistic missile armed with multiple nuclear re-entry vehicles.

TITLE III

PROCUREMENT

Aircraft Procurement, Army

    For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; ( 47 ) [Struck out->] $1,726,164,000 [<-Struck out] $1,125,303,000, to remain available for obligation until September 30, 1996 ( 48 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, $219,627,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out]

Missile Procurement, Army

    For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; ( 49 ) [Struck out->] $1,126,110,000 [<-Struck out] $934,123,000, to remain available for obligation until September 30, 1996 ( 50 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, $41,795,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out]

Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; ( 51 ) [Struck out->] $892,709,000 [<-Struck out] $805,074,000, to remain available for obligation until September 30, 1996 ( 52 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, $15,712,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out]

Procurement of Ammunition, Army

( 53 ) [Struck out->] (including transfer of funds) [<-Struck out]

    For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized by section 2854, title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; ( 54 ) [Struck out->] $620,787,000 [<-Struck out] $610,174,000, ( 55 ) [Struck out->] and, in addition, $100,000,000, to be derived by transfer from the Conventional Ammunition Working Capital Fund of the Department of Defense, [<-Struck out] to remain available for obligation until September 30, 1996.

Other Procurement, Army

    For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed 16 passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; ( 56 ) [Struck out->] $2,904,933,000 [<-Struck out] $2,784,474,000, to remain available for obligation until September 30, 1996 ( 57 ) : Provided further, That of the funds appropriated under this heading, $18,000,000 shall be available only for Heavy Armor Modification for the High-Mobility multipurpose wheeled vehicle.

Aircraft Procurement, Navy

    For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; ( 58 ) [Struck out->] $5,664,216,000 [<-Struck out] $5,665,615,000, to remain available for obligation until September 30, 1996.

Weapons Procurement, Navy

    For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, other ordnance and ammunition, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and 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; ( 59 ) [Struck out->] $2,808,986,000 [Struck out->] , to remain available for obligation until September 30, 1996 [<-Struck out] $2,972,906,000, to remain available for obligation until September 30, 1996: Provided, That of the funds appropriated in this paragraph, $1,028,596,000 shall not be obligated or expended for procurement or advance procurement of Trident II missiles unless the President has certified to Congress that the other signatories to the START treaty have rejected a United States proposal to the Joint Compliance and Inspection Commission that ‘detubing’ be accepted as an option for eliminating SLBM launchers under START II or until the President has certified to Congress that such course of action would not be in the national interest ( 60 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, $44,162,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out]

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:

      ( 61 ) Carrier replacement program, $3,403,600,000: Provided, That these funds shall not be oligated or expended until authorized by law;

      Refueling overhauls, $31,127,000;

      DDG-51 destroyer program, ( 62 ) [Struck out->] $2,642,772,000 [<-Struck out] $2,610,972,000;

      LHD-1 amphibious assault ship program, $893,848,000 ( 63 ) , of which $50,000,000 may be available for advance procurement on the LHD-7 amphibious assault ship;

    ( 64 ) [Struck out->] Mine warfare command and control ship, $124,175,000; [<-Struck out]

      Oceanographic ship program, ( 65 ) [Struck out->] $110,049,000: [Struck out->] Provided, [Struck out->] That pursuant to 10 U.S.C. section 2304(c)(5), the last vessel of the T-AGS 60 oceanographic research ship program may be procured as an option to the contract for the construction of the lead ship of the class: [Struck out->] Provided further, [Struck out->] That none of the funds provided in this Act or any other Act may be obligated for T-AGS multibeam sonar systems prior to review by the Committees on Appropriations of a Navy plan detailing compliance with the recommendations of the Comptroller General of the United States set forth in his decision of August 19, 1993 (Case B-253129) [<-Struck out] $62,482,000; [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

      For craft, outfitting, post delivery, ( 66 ) [Struck out->] production design support, [<-Struck out] and first destination transportation, ( 67 ) [Struck out->] and cost growth, $595,131,000 [<-Struck out] $330,104,000;

    In all: ( 68 ) [Struck out->] $5,397,102,000 [<-Struck out] $7,332,133,000, to remain available for obligation until September 30, 1998: Provided, That additional obligations may be incurred after September 30, 1998, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards ( 69 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this paragraph, $1,236,914,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out]

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 609 passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; ( 70 ) [Struck out->] $2,980,815,000 [<-Struck out] $2,794,718,000, to remain available for obligation until September 30, 1996 ( 71 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds herein provided for the Computer Acquisition Productivity Program, not less than $20,000,000 shall be available, obligated, and expended only for automatic data processing investment equipment and peripheral equipment and related software for Defense Accounting Office and Naval Computer and Telecommunications Station, New Orleans, the Enlisted Personnel Management Center, and the Naval Reserve Personnel Center [<-Struck out] ( 72 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That all Naval and Marine Corps active and reserve personnel central design activities and personnel accounting programs shall be managed and coordinated at the Enlisted Personnel Management Center and the Naval Reserve Personnel Center [<-Struck out] ( 73 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That the Secretary of Defense shall provide a report on establishing a full service finance and accounting operation for joint reserve functions at the Defense Accounting Office, New Orleans and the Naval Reserve Forces Command [<-Struck out] ( 74 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That the operations and functions of the Reserve Financial Management System shall remain colocated with the Commander, Naval Reserve Force [<-Struck out] ( 75 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this paragraph, $119,335,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, 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 96 passenger motor vehicles for replacement 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; ( 76 ) [Struck out->] $527,754,000 [<-Struck out] $441,056,000, to remain available for obligation until September 30, 1996 ( 77 ) [Struck out->] :- [Struck out->] Provided [Struck out->] , That of the funds appropriated in this paragraph, $56,733,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out]

Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling 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 equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; ( 78 ) [Struck out->] $6,887,201,000 [<-Struck out] $4,017,475,000, to remain available for obligation until September 30, 1996 ( 79 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, not less than $20,000,000 shall be available only for the C-130J aircraft [<-Struck out] ( 80 ) : Provided, That of the funds appropriated under this paragraph, $4,500,000 shall be available for replacement of the TER-9A ejection rack for F-16 fighter aircraft [<-Struck out] . [<-Struck out]

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 structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; ( 81 ) [Struck out->] $3,845,354,000 [<-Struck out] $4,127,514,000, to remain available for obligation until September 30, 1996 ( 82 ) [Struck out->] :- [Struck out->] Provided [Struck out->] , That of the funds appropriated in this paragraph, $224,483,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out]

Other Procurement, Air Force

    For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed 2 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $180,000 per vehicle; the purchase of not to exceed 710 passenger motor vehicles of which 695 shall be for replacement only; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the 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; ( 83 ) [Struck out->] $7,336,918,000 [<-Struck out] $7,527,084,000, to remain available for obligation until September 30, 1996.

National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, ammunition, other weapons, and other procurement for the reserve components of the Armed Forces; ( 84 ) [Struck out->] $1,178,100,000 [<-Struck out] $785,000,000, to remain available for obligation until September 30, 1996 ( 85 ) [Struck out->] :- [Struck out->] Provided [Struck out->] , That of the funds appropriated in this paragraph, $184,825,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out]

Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed 1 vehicle required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $180,000 per vehicle; and the purchase of not to exceed 438 passenger motor vehicles, of which 420 shall be for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; ( 86 ) [Struck out->] $1,557,344,000 [<-Struck out] $1,602,726,000, to remain available for obligation until September 30, 1996 ( 87 ) [Struck out->] : [Struck out->] - [Struck out->] Provided, [Struck out->] That the funds available under this heading for the High Performance Computer Modernization plan may be used only for: (1) the execution of existing contract upgrade options of installed stable supercomputer facilities that have not kept technically current; or (2) the acquisition in open, competitive procurements of architecturally stable, fully user-operational, compatible supercomputers possessing essentially stable system software, which have been successfully demonstrated using statistically valid samples of the current workload of the laboratories in question without substantive reprogramming or program conversion [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out]

( 88 ) [Struck out->] Defense Production Act Purchases [<-Struck out]

    [Struck out->] For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061); $200,000,000, to remain available until expended: Provided, That none of these funds shall be obligated for any project unless a Presidential determination has been made in accordance with the Defense Production Act: Provided further, That the Department of Defense shall notify the Committees on Appropriations of the House of Representatives and the Senate sixty days prior to the release of funds for any project not previously approved by Congress. [<-Struck out]

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; ( 89 ) [Struck out->] $5,560,082,000 [<-Struck out] $5,275,385,000, to remain available for obligation until September 30, 1995: Provided, That $2,000,000 shall be made available only for the Center for Prostate Disease Research at the Walter Reed Army Institute of Research: Provided further, That $5,000,000 shall be made available only for the Center of Excellence in Breast Cancer Research and Training at the National Naval Medical Center, in Bethesda, Maryland ( 90 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That not less than $1,000,000 of the funds appropriated in this paragraph shall be made available only to a joint research partnership involving an educational institution, not now engaged in a large volume of basic research, and a biomedical research institute, including a working arrangement with Canadian and German scientists, for the development and testing of a new insulin derivative for the treatment of diabetes and hypoglycemia in the dependents of active duty military members [Struck out->] : [Struck out->] Provided further, [Struck out->] That $1,000,000 of the funds appropriated in this paragraph shall be available for a lyme disease program: [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this paragraph, $142,941,000 shall not be obligated or expended until authorized by law [<-Struck out] : Provided further, That of the funds appropriated under this heading, $15,000,000 may be made available for an upgrade of the Los Alamos Meson Physics Facility/Los Alamos Neutron Scattering Center upon the determination by the Secretary of Defense and the Secretary of Energy that the project will make a significant contribution to enhancing the capabilities of United States armed forces. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

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; ( 91 ) [Struck out->] $8,604,777,000 [<-Struck out] $7,925,369,000, to remain available for obligation until September 30, 1995 ( 92 ) [Struck out->] : [Struck out->] -Provided, [Struck out->] 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, oceanic ambient noise, underwater sound propagation, bubble related ambient noise, acoustically active surfaces, machinery noise, propagation physics, solid state acoustics, electrorheological fluids, transducer 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 used to provide such special equipment as may be required for particular projects [<-Struck out] ( 93 ) [Struck out->] : [Struck out->] Provided further, [Struck out->] That none of the funds appropriated in this paragraph may be obligated or expended to develop or purchase equipment for an Aegis destroyer variant (commonly known as ‘Flight IIA’) whose initial operating capability is budgeted to be achieved prior to the initial operating capability of the Ship Self-Defense program, nor to develop sensor, processor, or display capabilities which duplicate in any way those being developed in the Ship Self-Defense program [<-Struck out] ( 94 ) [Struck out->] : [Struck out->] Provided further, [Struck out->] That funds appropriated in this paragraph for Aegis Combat System Engineering tactical display simplification may be obligated only to develop equipment on an interim basis which is planned to be installed in Aegis ships prior to the date that the first production unit of the Advanced Display System is planned to be accepted by the Government [<-Struck out] ( 95 ) [Struck out->] : [Struck out->] Provided further, [Struck out->] That funds appropriated in this paragraph for Aegis Combat System Engineering tactical display simplification may not be obligated on contracts which include production options for ship installations planned beyond the date that the first production unit of the Advanced Display System is planned to be accepted by the Government [<-Struck out] ( 96 ) [Struck out->] : [Struck out->] Provided further, [Struck out->] That funds appropriated in this paragraph for development of E-2C aircraft upgrades may not be obligated until the Under Secretary of Defense for Acquisition submits a plan to the Committees on Appropriations and Armed Services of each House of Congress for development and deployment of a fully participating cooperative engagement capability on E-2 aircraft to be fielded concurrent with and no later than major computer upgrades for the aircraft [<-Struck out] ( 97 ) [Struck out->] : [Struck out->] Provided further, [Struck out->] That funds appropriated in this paragraph for development of the L-X ship may not be obligated unless the baseline design of the ship includes cooperative engagement capability and sufficient own-ship self-defense capability against advanced sea-skimming antiship cruise missiles in the baseline design to achieve an estimated probability of survival from attack by such missiles at a level no less than any other Navy ship [<-Struck out] ( 98 ) [Struck out->] : [Struck out->] Provided further, [Struck out->] That after January 1, 1994, funds appropriated in this paragraph for the Naval Research Laboratory may not be obligated unless the Navy’s Manufacturing Technology Program Office has responsibilities and position equivalent to the Science and Technology Directorates at the Office of Naval Research and is fully staffed to meet those responsibilities [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

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; ( 99 ) [Struck out->] $12,608,995,000 [<-Struck out] $11,847,970,000, to remain available for obligation until September 30, 1995 ( 100 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That not less than $21,000,000 of the funds appropriated in this paragraph shall be made available only for the Joint Seismic Program and Global Seismic Network administered by the Incorporated Research Institutions for Seismology [Struck out->] :- [Struck out->] Provided further, [Struck out->] That not less than $60,000,000 of the funds appropriated in this paragraph shall be made available only for the National Center for Manufacturing Sciences (NCMS) [<-Struck out] : Provided, That not less than $74,000,000 of the funds appropriated in this paragraph shall be made available only for development of the Global Positioning System (GPS) Aided Relative Synthetic Aperture Radar Targeting/GPS-Aided Munitions (GATS/GAM) capability for the B-2 Advanced Technology Bomber: Provided further, That of the funds appropriated in this paragraph, not less than $15,000,000 of the funds in the Advanced Weapons program element shall be made available only to continue the establishment and operation of an image information processing center supporting the Air Force Maui Space Surveillance Site (MSSS): Provided further, That of the funds appropriated in this paragraph, $2,000,000 shall be made available only for development and testing of down-sized test equipment for the F-15. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; ( 101 ) [Struck out->] $9,376,918,000 [<-Struck out] $8,296,588,000, to remain available for obligation until September 30, 1995 ( 102 ) [Struck out->] [Struck out->] :- [Struck out->] Provided, [Struck out->] That not less than $97,000,000 of the funds appropriated in this paragraph are available only for the Extended Range Interceptor (ERINT) missile: [Struck out->] Provided further, [Struck out->] That the Ballistic Missile Defense Organization (BMDO) shall continue its current strategy of flight testing, ground testing, simulations, and other Government analyses of the Patriot Multimode Missile and the Extended Range Interceptor for selection of the best technology in terms of cost, schedule, risk, and performance to meet PAC-3 missile requirements for theater missile defense and that the Director, BMDO, will determine when there is adequate information to proceed to selection for engineering and manufacturing development: [Struck out->] Provided further, [Struck out->] That none of the funds in this paragraph may be used to operate more than one external affairs office in the Washington, D.C. area for ballistic missile defense programs [<-Struck out] ( 103 ) [Struck out->] : [Struck out->] -Provided further, [Struck out->] That not less than $15,000,000 of the funds appropriated in this paragraph shall be made available as a grant awarded through competitive procedures to a State supported historically black college or university with a demonstrated expertise in physics and materials science, a doubled enrollment over the past seven years, and a leading enrollment of National Achievement Scholars over the last several years, for construction to expand facilities for basic sciences and engineering associated with research, development, and other programs of major importance to the Department of Defense: [Struck out->] Provided further, [Struck out->] That not less than 25 percent of the funds appropriated in this paragraph for the High Performance Computing initiative may be obligated only for research designed to develop improved performance from high performance computing systems and technology utilizing parallel vector processing architecture: [Struck out->] Provided further, [Struck out->] That not less than $20,000,000 of the funds appropriated in this paragraph 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 Experimental Program to Stimulate Competitive Research: [Struck out->] Provided further, [Struck out->] That none of the funds appropriated in this paragraph for research, development, demonstration, or commercialization of electric vehicles and the related infrastructure; fuel cell research; natural gas research; or coal research, authorized to be conducted by the Secretary of Energy under statutes administered by such Secretary shall be obligated by the Secretary of Defense except in accordance with the applicable provisions of the Energy Policy Act of 1992 and other relevant statutes and pursuant to an agreement, made available to the applicable legislative and appropriation Committees of Congress, between the Secretary of Defense and the Secretary of Energy that provides for coordination of all such activities with the relevant programs at the Department of Energy administered under such Acts: [Struck out->] Provided further, [Struck out->] That of the funds appropriated under this heading, not less than $52,000,000 shall be made available only for the Computer-aided Acquisition and Logistics Support (CALS) Shared Resource Center (CSRC) program. Of that amount, not less than $30,000,000 shall be made available only for the continued operation of the original CSRC by the current nonprofit institution or its successor in interest, as the Department’s tri-service CALS standards and technologies development, deployment, training, and education hub for the CSRC program; the continued operation of the CSRC Regional Satellite (CRS); and the establishment and continued operation of additional CRSs to be operated by educational or other nonprofit institutions. In addition, $20,000,000 shall be made available only for the continued operation of the six original CRSs: [Struck out->] Provided further, [Struck out->] That none of the funds in this Act can be expended to pay the salaries or expenses of the Department’s CSRC Program Management Office unless such office is located within the Office of the Secretary of Defense: [Struck out->] Provided further, [Struck out->] That nothing shall prohibit use of the CSRC or CRSs by industry, associations, other Department of Defense services and agencies, and other government agencies for efforts to be separately negotiated and funded: [Struck out->] Provided further, [Struck out->] That $2,300,000 shall be made available only for cell adhesion molecule research [<-Struck out] : Provided, That of the funds appropriated in this paragraph, not less than $5,000,000 of the funds in the High Performance Computing Modernization program element shall be made available only to upgrade the supercomputing capability and capacity of the Maui High Performance Computing Center [<-Struck out] ( 104 ) : Provided further, That of the funds appropriated under this heading, $10,500,000 shall be available only for the ARPA Nuclear Nonproliferation Technology Initiative ( 105 ) : Provided further, That of the funds appropriated in this paragraph, $6,500,000 shall be available for the establishment and operation of a Joint Simulation Center for Warfighting Concepts and Doctrine Development: Provided further, That of the funds appropriated in this paragraph, $5,000,000 shall be available for the establishment of a Peace Enforcement Doctrine Development Center ( 106 ) : Provided further, That of the funds appropriated under this heading, $4,600,000 shall be made available only for the design and demonstration of the Yankee Methanol Plantship. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

Developmental Test and Evaluation, Defense

    For expenses, not otherwise provided for, of independent activities of the Director, Test and Evaluation in the direction and supervision of developmental test and evaluation, including performance and joint developmental testing and evaluation; and administrative expenses in connection therewith; ( 107 ) [Struck out->] $232,592,000 [<-Struck out] $228,047,000, to remain available for obligation until September 30, 1995.

Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith; $12,650,000, to remain available for obligation until September 30, 1995.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Business Operations Fund

    For the Defense Business Operations Fund; ( 108 ) [Struck out->] $1,091,100,000 [<-Struck out] $1,161,095,000 ( 109 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That none of the funds available in the Defense Business Operations Fund shall be used for any hardware procurement, new development, or expansion of the Defense Business Management System; except that funds may be used to continue minimal maintenance efforts of the Defense Business Management System for the Defense Logistics Agency to continue daily operations [<-Struck out] . [<-Struck out] [<-Struck out]

National Defense ( 110 ) [Struck out->] SEALIFT [<-Struck out] STRATEGIC LIFT Fund

( 111 ) [Struck out->] (including transfer of funds) [<-Struck out]

    For National Defense ( 112 ) [Struck out->] SEALIFT [<-Struck out] STRATEGIC LIFT Fund programs, projects, and activities, ( 113 ) [Struck out->] $490,800,000 [<-Struck out] $2,669,100,000, to remain available until expended ( 114 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That up to $200,000,000 shall be available for transfer to the Secretary of Transportation for costs (as defined in section 502 of the Federal Credit Reform Act of 1990) of loan guarantee commitments under title XII of the Merchant Marine Act, 1936, as amended by H.R. 2401, the National Defense Authorization Act for Fiscal Year 1994: [Struck out->] Provided further, [Struck out->] That any facilities financed by the foregoing loan guarantee commitments must make use of new technologies and processes which have been demonstrated by Department of Defense organizations prior to construction of facilities: [Struck out->] Provided further, [Struck out->] That all loan guarantees or loan guarantee commitments made by the Secretary of Transportation shall occur only after consultation with the Secretary of Defense: [Struck out->] Provided further, [Struck out->] That notwithstanding any other provision of law, the Secretary of Transportation shall give priority to providing loan guarantees to businesses located in enterprise zones and investing private funds in developing integrated design and manufacturing facilities technologies: [Struck out->] Provided further, [Struck out->] That notwithstanding any other provision of law, all loan guarantees or loan guarantee commitments for ship construction shall be made without regard to gross ton weight [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

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; ( 115 ) [Struck out->] $9,644,447,000 [<-Struck out] $9,576,209,000, of which ( 116 ) [Struck out->] $9,368,185,000 [<-Struck out] $9,303,447,000 shall be for Operation and maintenance, of which ( 117 ) [Struck out->] $276,262,000 [<-Struck out] $272,762,000, to remain available for obligation until September 30, 1996, shall be for Procurement: Provided, That the Department shall competitively contract during fiscal year 1994 for mail service pharmacy for at least two multi-state regions in addition to the ongoing solicitations for Florida, South Carolina, Georgia, Delaware, New Jersey, Pennsylvania, and Hawaii, as well as each base closure area not supported by an at-risk managed care plan; that such services shall be procured independent of any other Department managed care contracts; that one multi-state region shall include the State of Kentucky ( 118 ) and that one multi-state region shall include the State of New Mexico ( 119 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this Act, such funds as necessary shall be used for the continuation of the cooperative program model being established at Madigan Medical Center for severely behavior disordered students [Struck out->] :- [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this paragraph, $265,000,000 shall not be obligated or expended until authorized by law [<-Struck out] : Provided further, That of the funds appropriated under this heading, not less than $1,410,000 shall be made available only for annual incentive pay bonuses for certified nurse anesthetists: Provided further, [<-Struck out] That of the funds appropriated under this heading, not less than $3,000,000 shall be made available only for nursing research programs: [<-Struck out] Provided further, That of the funds appropriated under this heading, $1,500,000 shall be made available for the National Museum of Health and Medicine. [<-Struck out] [<-Struck out] [<-Struck out]

Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986, (50 U.S.C. 1521) and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, ( 120 ) [Struck out->] $397,561,000 [<-Struck out] $395,847,000, of which ( 121 ) [Struck out->] $292,061,000 [<-Struck out] $278,361,000 shall be for Operation and maintenance, ( 122 ) [Struck out->] $74,800,000 [<-Struck out] $65,886,000, shall be for Procurement, to remain available until September 30, 1996, ( 123 ) [Struck out->] shall be for Procurement [Struck out->] , [<-Struck out] and ( 124 ) [Struck out->] $30,700,000 [<-Struck out] $51,600,000 [<-Struck out] , shall be for Research, development, test and evaluation, to remain available until September 30, 1995 ( 125 ) [Struck out->] ,-shall be for Research, development, test and evaluation [<-Struck out] ( 126 ) [Struck out->] [Struck out->] : [Struck out->] Provided, [Struck out->] That of the funds appropriated in this paragraph, $30,700,000 shall not be obligated or expended until authorized by law [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out]

Drug Interdiction and Counter-Drug Activities, Defense

(INCLUDING TRANSFER OF FUNDS)

    For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components 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; ( 127 ) [Struck out->] $757,785,000 [<-Struck out] $1,080,656,000: Provided, That the funds appropriated by this paragraph shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further, That the transfer authority provided in this paragraph is in addition to any transfer authority contained elsewhere in this Act ( 128 ) [Struck out->] [Struck out->] :- [Struck out->] Provided further, [Struck out->] That of the funds appropriated in this paragraph, not less than $5,900,000 shall be available only for the Gulf States Counter-Narcotics Initiative [<-Struck out] . [<-Struck out] [<-Struck out] [<-Struck out]

Office of the Inspector General

    For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended; ( 129 ) [Struck out->] $169,801,000 [<-Struck out] $127,601,000, of which ( 130 ) [Struck out->] $169,001,000 [<-Struck out] $126,801,000 shall be for Operation and maintenance, of which not to exceed $400,000 is available for emergencies and extraordinary expenses to be expended on the approval or authority of the Inspector General, and payments may be made on his certificate of necessity for confidential military purposes; and of which $800,000, to remain available until September 30, 1996, shall be for Procurement.

TITLE VII

RELATED AGENCIES

( 131 ) [Struck out->] NATIONAL FOREIGN INTELLIGENCE PROGRAM [<-Struck out]

Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System; $182,300,000.

National Security Education Trust Fund

( 132 ) [Struck out->] (rescission) [<-Struck out]

    [Struck out->] Of the funds made available in Public Law 103-50 for the National Security Education Act under the heading ‘National Security Education Trust Fund’, $10,000,000 is hereby rescinded. [<-Struck out]

    [Struck out->] Of the funds made available in Public Law 102-172 for the National Security Education Trust Fund, $140,000,000 and interest earned and accrued thereon is hereby rescinded. [<-Struck out]

    For the purposes of Title VIII of Public Law 102-183, $24,000,000 to be derived from the National Security Education Trust Fund, to remain available until expended.

Community Management Staff

    For necessary expenses of the Community Management Staff; ( 133 ) [Struck out->] $114,688,000 [<-Struck out] $115,788,000.

TITLE VIII

GENERAL PROVISIONS

    SEC. 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

    SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided, That salary 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 pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980 ( 134 ) : Provided further, That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.

    SEC. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein.

    SEC. 8004. No more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers’ Training Corps, or the National Board for the Promotion of Rifle Practice, Army.

    SEC. 8005. Section 9005 of the Department of Defense Appropriations Act, 1993 (Public Law 102-396) is amended by striking out ‘contained in this Act’ and inserting ‘or any other funds available to the Department of Defense’ in lieu thereof.

    ( 135 ) [Struck out->] SEC. [Struck out->] 8005A. Title IV of the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1890) is amended in the 9th proviso under the heading ‘Research, Development, Test and Evaluation, Army’ by striking ‘six months’ and inserting ‘18 months’. [<-Struck out] [<-Struck out]

(transfer of funds)

    SEC. 8006. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed ( 136 ) [Struck out->] $2,000,000,000 [<-Struck out] $1,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such 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. 8007. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds and the ‘Foreign Currency Fluctuations, Defense’ and ‘Operation and Maintenance’ appropriation accounts in such 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 amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.

    SEC. 8008. Using funds available by this Act or any other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany: Provided, That in the City of Kaiserslautern such agreements will include the use of United States anthracite as the base load energy 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. 8009. 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 Appropriations and Armed Services of the Senate and House of Representatives.

    SEC. 8010. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services shall be available for payments to physicians and other authorized individual health care providers in excess of the amounts allowed in fiscal year 1993 for similar services, except that: (a) for services for which the Secretary of Defense determines an increase is justified by economic circumstances, the allowable amounts may be increased in accordance with appropriate economic index data similar to that used pursuant to title XVIII of the Social Security Act; and (b) for services the Secretary determines are overpriced based on allowable payments under title XVIII of the Social Security Act, the allowable 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 access to health care services for beneficiaries). The Secretary shall solicit public comment prior to promulgating regulations to implement this section. Such regulations shall include a limitation, similar to that used under title XVIII of the Social Security Act, on the extent to which a provider may bill a beneficiary an actual charge in excess of the allowable amount.

    SEC. 8011. None of the funds provided in this Act shall be available to initiate (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000, or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the Committees on Appropriations and Armed Services of the Senate 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 quantity advance procurement is not funded at least to the limits of the Government’s liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the Committees on Appropriations and Armed Services of the House of Representatives and the Senate: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.

    ( 137 ) [Struck out->] SEC. [Struck out->] 8012. (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, and 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 conversion would reduce the total number of positions occupied by, or programmed to be occupied by, (civilian) military technicians of the component concerned, below 69,061: [Struck out->] Provided, [Struck out->] That none of the funds appropriated by this Act shall be available to support more than 46,111 positions in support of the Army Reserve, Army National Guard, or Air National Guard occupied by, or programmed to be occupied by, persons in an active Guard or Reserve status: [Struck out->] Provided further, [Struck out->] That none of the funds appropriated by this Act may be used to include (civilian) military technicians in computing civilian personnel ceilings, including statutory or administratively imposed ceilings, on activities in support of the Army Reserve, Air Force Reserve, Army National Guard, or Air National Guard. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    SEC. 8012. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of chapter 20 of title 10, United States Code, and these obligations shall be reported to Congress on September 30 of each year: Provided, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99-239: Provided further, That upon a determination by the 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. 8013. Notwithstanding any other provision of law, governments of Indian tribes shall be treated as State and local governments 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.

    ( 138 ) [Struck out->] Sec. [Struck out->] 8014. (a) The provisions of section 115(a)(4) of title 10, United States Code, shall not apply with respect to fiscal year 1994 or with respect to the appropriation of funds for that year. [<-Struck out] [<-Struck out]

    [Struck out->] (b) During fiscal year 1994, the civilian personnel of the Department 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. [<-Struck out]

    [Struck out->] (c) The fiscal year 1995 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 1995 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to fiscal year 1995. [<-Struck out]

    SEC. 8014. Notwithstanding any other provision of law, none of the funds made available by this Act shall be used by the Department of Defense to exceed, outside the fifty United States, its territories, and the District of Columbia, 131,250 civilian workyears: Provided, That workyears shall be applied as defined in the Federal Personnel Manual: Provided further, That workyears expended in dependent student hiring programs for disadvantaged youths shall not be included in this workyear limitation.

    SEC. 8015. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress.

    SEC. 8016. None of the funds appropriated by this Act shall be obligated for the pay of any individual who is initially employed after the date of enactment of this Act as a technician in the administration and training of the Army Reserve and the maintenance and repair of supplies issued to the Army Reserve unless 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. 8017. None of the funds available to the Department of Defense may be used for the floating storage of petroleum or petroleum products except in vessels of or belonging to the United States.

    SEC. 8018. 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 from 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. 8019. Notwithstanding any other provision of law, proceeds from the investment of the Fisher House Investment Trust Fund will be used to support the operation and maintenance of Fisher Houses associated with Army medical treatment facilities.

    SEC. 8020. (a) None of the funds 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 under section 1415(c) of title 38, United States Code, for any member 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 amounts representing the normal cost of such future benefits be transferred from the Fund by the Secretary of the 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 limitations shall not apply to members in combat arms skills or to members who enlist in the armed services on or after July 1, 1989, under a program continued or 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.

    (b) None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by 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 further, That this subsection applies only to active components of the Army.

    SEC. 8021. Funds appropriated in this Act shall be available for the payment 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 periods, 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 four years after completion of such training or education.

    SEC. 8022. None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of enactment of this Act, is performed by more than ten Department of Defense civilian employees until a most efficient and cost-effective organization analysis is completed on such activity or function and certification of the analysis is made to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That this section shall not apply to a commercial or industrial type function of the Department of Defense that: (1) is included on the procurement list established pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred to as the Javits-Wagner-O’Day Act; (2) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or (3) is planned to be converted to performance by a qualified firm under 51 percent Native American ownership.

    ( 139 ) [Struck out->] SEC. [Struck out->] 8023. None of the funds appropriated or made available by this Act may be obligated for acquisition of major automated information systems which have not successfully completed oversight reviews required by Defense Department regulations: [Struck out->] Provided, [Struck out->] That the automated information systems oversight review board will be independent of any other Department review function and chaired by the Assistant Secretary of Defense (Command, Control, Communications and Intelligence): [Struck out->] Provided further, [Struck out->] That except for those programs to modernize and develop migration and standard automated information systems that have been certified by the Department’s senior information resource management (IRM) official as being fully compliant with the Department’s information management initiative as defined in Defense Department Directive 8000.1, no funds may be expended for modernization or development of any automated information system (AIS) by the military departments, services, defense agencies, Joint Staff or Military Commands in excess of $1,000,000 unless the senior official of the Office of the Secretary of Defense with primary responsibility for the functions being supported or to be supported certifies to the Assistant Secretary of Defense for Command, Control, Communications and Intelligence that the functional requirement(s) is valid and that the system modernization or development has no unnecessary duplication of other available or planned AISs: [Struck out->] Provided further, [Struck out->] That the Department shall develop the capability for open systems integration of commercial-off-the-shelf (COTS) applications within the Composite Health Care System (CHCS): [Struck out->] Provided further, [Struck out->] That the Department shall limit deployment of the Defense Blood Standard System (DBSS) to donor and processing centers, and shall procure, install, and integrate by April 1, 1994, at two or more CHCS sites an open system compliant COTS hospital-based blood bank/transfusion application, with security access by application function and developed in the same application language as CHCS: [Struck out->] Provided further, [Struck out->] That the Department shall procure and install at all CHCS alpha and beta sites by April 1, 1994, an open system integrated anatomic pathology COTS application with security access by application function and developed with the same software application language as CHCS: [Struck out->] Provided further, [Struck out->] That notwithstanding any other provision of law, the one time investment cost, including the procurement or lease of new or reutilized automatic data processing investment equipment, peripheral equipment and related software, for the July 16, 1993 DOD Data Center Consolidation Plan shall not exceed $309,000,000. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8023. None of the funds appropriated or made available by this Act may be obligated for acquisition of major automated information systems which have not successfully completed oversight reviews required by Defense Department regulations: Provided, That none of the funds appropriated or made available by this Act may be obligated on Composite Health Care System acquisition contracts if such contracts would cause the total life cycle cost estimate of $1,600,000,000 expressed in fiscal year 1986 constant dollars to be exceeded.

    SEC. 8024. Notwithstanding any other provision of law, the Secretary of the Navy may use funds appropriated to charter ships to be used as auxiliary minesweepers providing that the owner agrees that these ships may be activated as Navy Reserve ships with Navy Reserve crews used in training exercises conducted in accordance with law and policies governing Naval Reserve forces: Provided, That none of the funds appropriated or made available in this Act may be used to inactivate, disestablish, or discontinue the Navy’s Craft of Opportunity Program.

    ( 140 ) [Struck out->] SEC. [Struck out->] 8025. Notwithstanding any other provision of law, the Department shall competitively award contracts in fiscal year 1994 for at least four new region-wide, at-risk, fixed price managed care support contracts consistent with the following requirements: (1) each contract or acquisition shall reflect the major features of the CHAMPUS Reform Initiative and include provision for the commanders of major military medical centers to participate as the regional lead agents; (2) each such contract or acquisition shall include a triple option benefit; (3) one similar contract or acquisition shall cover the State of Florida (which may include Department of Veterans Affairs’ medical facilities with the concurrence of the Secretary of Veterans Affairs); (4) one similar contract shall cover the States of Washington and Oregon; (5) each other such contract or acquisition shall include at least one complete State; (6) the managed care support contracts for California and Hawaii, Florida, Washington and Oregon shall not be counted for purposes of the required four new contracts of acquisitions; and (7) the Department shall modify a currently operating CHAMPUS service contract to include an at-risk managed health care provision, to provide services not later than 90 days after enactment of this Act, in the area of Homestead Air Force Base, to include the Homestead and South Miami Hospitals as institutional providers, with a benefit structure substantially identical to that established in fiscal year 1993 for the Carswell, Bergstrom and England Air Force Bases (including a retail pharmacy network available to Medicare-eligible beneficiaries), said provision to remain effective as an interim measure until implementation of the competitive at-risk contract for Florida as required by this section: [Struck out->] Provided further, [Struck out->] 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 any changes to the operating CHAMPUS Reform Initiative-like contracts unless the scope of benefits and program management structure are consistent with the basic CHAMPUS Reform Initiative design in operation on January 1, 1993: [Struck out->] Provided further, [Struck out->] That any law or regulation of a State or local government relating to health insurance, prepaid health plans, or other health care delivery, administration, and financing methods shall be preempted and shall not apply to any contract entered into pursuant to chapter 55 of title 10, United States Code: [Struck out->] Provided further, [Struck out->] That any requirements for the certification of cost effectiveness, access and quality of any managed health care programs will be construed to require that the certification compare on a national basis the program to be certified with the standard CHAMPUS program as determined by the application of sound actuarial principles: [Struck out->] Provided further, [Struck out->] That the Department shall competitively award at least two contracts in fiscal year 1994 for stand-alone, at-risk managed mental health services in high utilization, high-cost areas, consistent with the management and service delivery features in operation in the Contracted Provider Arrangement (CPA) Tidewater Demonstration. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8025. None of the funds appropriated by this Act may be used to establish new region-wide, at-risk, fixed price managed care contracts possessing features similar to those of the CHAMPUS Reform Initiative until such time as the Secretary of Defense submits to the Congress a plan to implement a nation-wide managed health care program for the military health services system: Provided, That the program shall include, but not be limited to: (1) a uniform, stabilized benefit structure characterized by a triple option health benefit feature; (2) a regionally-based health care management system; (3) cost minimization incentives including ‘gatekeeping’ and annual enrollment procedures, capitation budgeting, and at-risk provider contracts; and (4) full and open competition for all managed care support contracts: Provided further, That the implementation of the nation-wide managed care military health services system shall be completed by September 30, 1996.

    SEC. 8026. 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 Experiment 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 available from United States manufacturers.

    SEC. 8027. For the purposes of 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), the term program, project, and activity for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 1994, the accompanying House and Senate Committee reports, the conference report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes and reports, 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 1995, the Department of Defense shall transmit to the Committees on Appropriations and the Committees on Armed Services of the Senate and the House of Representatives a budget justification document to be known as the ‘O-1’ which shall identify, at the budget activity, activity group, and subactivity group level, the amounts requested by the President to be appropriated to the Department of Defense for operation and maintenance in any budget request, or amended budget request, for fiscal year 1995.

    ( 141 ) [Struck out->] SEC. [Struck out->] 8028. Of the funds appropriated to the Army, $217,600,000 shall be available only for the Reserve Component Automation System (RCAS): [Struck out->] Provided, [Struck out->] That none of these funds can be expended-- [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

      [Struck out->] (1) except as approved by the Chief of the National Guard Bureau; [<-Struck out]

      [Struck out->] (2) unless RCAS resource management functions are performed by the National Guard Bureau; [<-Struck out]

      [Struck out->] (3) to pay the salary of an RCAS program manager who has not been selected and approved by the Chief of the National Guard Bureau and chartered by the Chief of the National Guard Bureau and the Secretary of the Army; [<-Struck out]

      [Struck out->] (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 channels and organizational structure; [<-Struck out]

      [Struck out->] (5) to pay the salaries of individuals assigned to the RCAS program management office unless such organization is comprised of personnel chosen jointly by the Chiefs of the National Guard Bureau and the Army Reserve; [<-Struck out]

      [Struck out->] (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 contract continues to preclude the use of Government furnished equipment, operating systems, and executive and applications software; and [<-Struck out]

      [Struck out->] (7) unless RCAS performs its own classified information processing: Provided further, That notwithstanding any other provision of law, none of the funds appropriated shall be available for procurement of computers for the Army Reserve Component which are used to network or expand the capabilities of existing or future information systems or duplicate functions to be provided under the RCAS contract unless the procurement meets the following criteria: (A) only RCAS automated data processing (ADP) equipment may be procured and only in the numbers and types allocated by the RCAS program to each site; (B) the requesting organizational element has no computer for stand-alone office automation usage; (C) replacement equipment will not exceed the minimum required to maintain the reliability of existing capabilities; (D) replacements will be justified solely on the cost and feasibility of repairs and maintenance of present ADP equipment as compared to the cost of replacement; and (E) the procurement is recommended by both the Chief of the respective Reserve Component and the Chief of the National Guard Bureau, and approved by the Functional Proponent in the Department of Defense. [<-Struck out]

    SEC. 8028. 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 Deputy Under Secretary of Defense (Logistics) at least 30 days prior to any contract solicitation.

    ( 142 ) [Struck out->] SEC. [Struck out->] 8029. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States: [Struck out->] Provided, [Struck out->] 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): [Struck out->] Provided further, [Struck out->] That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced 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 manufactured outside the United States: [Struck out->] Provided further, [Struck out->] That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire capability for national security purposes. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8029. 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.

( 143 ) [Struck out->] (transfer of funds) [<-Struck out]

    [Struck out->] SEC. 8030. Notwithstanding any other provision of law, the Department of Defense may transfer prior year, unobligated balances and funds appropriated in this Act to the operation and maintenance appropriations for the purpose of providing military technician and Department of Defense medical personnel pay and medical programs (including CHAMPUS) the same 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 Reaffirmation Act of 1987 (Public Law 100-119) and by the Budget Enforcement Act of 1990 (Public Law 101-508) as that granted the other military personnel accounts: Provided, That any transfer made pursuant to any use of the authority provided by this provision shall be limited so that the amounts reprogrammed to the operation and maintenance appropriations do not exceed the amounts sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119) and by the Budget Enforcement Act of 1990 (Public Law 101-508): Provided further, That the authority to make transfers pursuant to this section is in addition to the authority to make transfers under other provisions of this Act: Provided further, That the Secretary of Defense may proceed with such transfer after notifying the Appropriations Committees of the House of Representatives and the Senate twenty calendar days in session before any such transfer of funds under this provision. [<-Struck out]

    SEC. 8030. 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. 8031. None of the funds appropriated by this Act available for the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) shall be available for the reimbursement of any health care provider for inpatient mental health service for care received when a patient is referred to a provider of inpatient mental health care or residential treatment care by a medical or health care professional having an economic interest in the facility to which the patient is referred: Provided, That this limitation does not apply in the case of inpatient mental health services provided under the program for the handicapped under subsection (d) of section 1079 of title 10, United States Code, provided as partial hospital care, or provided pursuant to a waiver authorized by the Secretary of Defense because of medical or psychological circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant to rules prescribed by the Secretary, which takes into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of that care.

    SEC. 8032. All new Department of Defense procurements shall separately identify software costs in the work breakdown structure defined by MIL-STD-881 in those instances where software is considered to be a major category of cost.

    SEC. 8033. During the current fiscal year and thereafter, of the funds appropriated, reimbursable expenses incurred by the Department of Defense on behalf of the Soviet Union or its successor entities in monitoring United States implementation of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range or Shorter-Range Missiles (‘INF Treaty’), concluded December 8, 1987, may be treated as orders received and obligation authority for the applicable appropriation, account, or fund increased accordingly. Likewise, any reimbursements received for such costs may be credited to the same appropriation, account, or fund to which the expenses were charged: Provided, That reimbursements which are not received within one hundred and eighty days after 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 personnel for reasonable costs of subsistence, at rates to be determined by the Secretary of Defense, incurred while accompanying Soviet Inspection Team members or inspection team members of the successor entities of the Soviet Union engaged in activities related to the INF Treaty: Provided further, That this provision includes only the in-country period (referred to in the INF Treaty) and is effective whether such duty is performed at, near, or away from an individual’s permanent duty station.

    SEC. 8034. Funds available in this Act may be used to provide transportation for the next-of-kin of individuals who have been prisoners of war or missing in action from the Vietnam era to an annual meeting in the United States, under such regulations as the Secretary of Defense may prescribe.

    ( 144 ) [Struck out->] SEC. [Struck out->] 8035. None of the funds available in this Act to the Department of Defense or Navy shall be obligated or expended for (or to implement) automatic data processing, data processing center, central design activity, DMRD 918, defense information infrastructure, military or civilian personnel and finance and accounting function consolidation plans, consolidations, and disestablishment or realignment plans that impact, in terms of reductions in force or transfers in military and civilian personnel, end strength, billets, functions, or missions, the Enlisted Personnel Management Center, the Naval Computer and Telecommunications Station and Defense Accounting Office, New Orleans, and the Naval Reserve Personnel Center and related missions, functions, and commands until sixty legislative days after the Secretary of Defense submits to the House and Senate Committees on Appropriations a report, including complete review comments and a certification, by both the Secretary of Defense and the Comptroller General, justifying and certifying that such plans and actions: (1) do not consolidate, plan to consolidate, disestablish or realign Department of Defense or Service data processing functions or centers, central design activities, finance and accounting or military and civilian personnel functions and activities, or claim savings from such function and activity consolidations and disestablishment, realignment, or consolidation plans, that are in more than one defense management report plan or decision or any other Department of Defense or Service consolidation, disestablishment, or realignment plan; (2) utilize criteria primarily weighted to evaluate, measure, and compare how data processing centers, central design activities, financing and accounting and military and civilian personnel functions and activities are ranked in terms of operational readiness, customer satisfaction, and the most cost effective and least expensive from a business performance, and regional operations cost standpoint; (3) will provide equal or better service for DOD customers; (4) will not adversely impact the quality of life and benefits of the individual service person, dependents, and civilian personnel; and (5) will not adversely impact the mission and readiness of the Navy and Naval Reserves: [Struck out->] Provided, [Struck out->] That none of the provisions in this section shall, in any way, affect the implementation of the Defense Base Closure and Realignment Commission recommendations. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    ( 145 ) Sec. 8035. Such sums as may be necessary for fiscal year 1994 pay raises for programs funded by this Act shall be derived from funds within the amounts appropriated in this Act.

    SEC. 8036. Notwithstanding any other provision of law, during the current fiscal year, the Secretary of Defense may, by Executive Agreement, establish with host nation governments in NATO 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 fiscal year 1995 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 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. 8037. All obligations incurred in anticipation of the appropriations and authority provided in this Act are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act.

    SEC. 8038. None of the funds available to the Department of Defense in this Act shall be used to demilitarize or dispose of more than 310,784 unserviceable M1 Garand rifles and M1 Carbines.

    SEC. 8039. Notwithstanding any other provision of law, none of the funds appropriated by this Act shall be available to pay more than 50 percent of an amount paid to any person under section 308 of title 37, United States Code, in a lump sum.

    SEC. 8040. None of the funds appropriated by this Act may be used by the Department of Defense to assign a supervisor’s title or grade when the number of people he or she supervises is considered as a basis for this determination: Provided, That savings that result from this provision are represented as such in future budget proposals.

    SEC. 8041. Of the funds appropriated by this Act, no more than $18,500,000 shall be available for the mental health care demonstration project at Fort Bragg, North Carolina: Provided, That adjustments may be made for normal and reasonable price and program growth.

    SEC. 8042. None of the funds appropriated by this Act may be used to pay health care providers under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for services determined under the CHAMPUS Peer Review Organization (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 necessary, and may adapt the Medicare requirements and procedures to the circumstances of the CHAMPUS PRO Program as the Secretary determines appropriate.

    SEC. 8043. None of the funds appropriated by this Act shall be available for payments under the Department of Defense contract with the Louisiana State University Medical Center involving the use of cats for Brain Missile Wound Research, and the Department of Defense shall not make payments under such contract from funds obligated prior to the date of the enactment of this Act, except as necessary for costs incurred by the contractor prior to the enactment of this Act, and until thirty legislative days after the final 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. 8044. None of the funds provided in this Act or any other Act shall be available to conduct bone trauma research at ( 146 ) [Struck out->] the Letterman Army Institute of Research [<-Struck out] any Army Research Laboratory until the Secretary of the Army certifies that the synthetic compound to be used in the experiments is of such a 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 by an animal care and use committee, and the research does not duplicate research already conducted by a manufacturer or any other research organization.

    SEC. 8045. The Secretary of Defense shall include in any base closure and realignment plan submitted to Congress after the date of enactment of this Act, a complete review for the five-year period beginning on October 1, 1993, which shall include expected force structure and levels for such period, expected installation requirements 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 assessment of the economic impact in each area in which a military installation is to be realigned or closed.

    ( 147 ) [Struck out->] SEC. [Struck out->] 8046. No more than $50,000 of the funds appropriated or made available in this Act shall be used for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region: [Struck out->] Provided, [Struck out->] That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and Senate that such a relocation is required in the best interest of the Government: [Struck out->] Provided further, [Struck out->] 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. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8046. Notwithstanding any other provision of law, each contract awarded by the Department of Defense in fiscal year 1994 for construction or service performed in whole or in part in a State which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in such State that is not contiguous with another State, individuals who are residents of such State and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills: Provided, That the Secretary of Defense may waive the requirements of this section in the interest of national security.

    SEC. 8047. 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 of injury--

        (A) Federal service under section 331, 332, 333, 3500, or 8500 of title 10, or other provision of law, as applicable, or

        (B) full-time military service for his State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; and

      (3) requests and is granted--

        (A) leave under the authority of this section; or

        (B) annual leave, which may be granted without regard to the provisions of sections 5519 and 6323(b) of title 5, if such employee is otherwise entitled to such annual leave:

    Provided, That any employee who requests leave under subsection (3)(A) for service described in subsection (2) of this section is entitled to such leave, subject to the provisions of this section and of the last sentence of section 6323(b) of title 5, and such leave shall be considered leave under section 6323(b) of title 5.

    SEC. 8048. None of the funds appropriated by this Act shall be available to perform any cost study pursuant to the provisions of OMB Circular A-76 if the study being performed exceeds a period of twenty-four months after initiation of such study with respect to a single function activity or forty-eight months after initiation of such study for a multi-function activity.

    SEC. 8049. Funds appropriated by this Act for the American Forces Information Service shall not be used for any national or international political or psychological activities.

    SEC. 8050. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian employees hired for certain health care occupations as authorized for the Secretary of Veterans Affairs by section 7455 of title 38, United States Code.

    ( 148 ) [Struck out->] SEC. [Struck out->] 8051. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the military or civilian medical and medical support personnel end strength as of September 30, 1993, as defined by section 711(c) of Public Law 101-510: [Struck out->] Provided, [Struck out->] That none of the funds appropriated in this Act may be used to reduce the military 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. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8051. Notwithstanding any other provision of law, a qualified Indian Tribal or Alaska Native Corporation which enters into a joint venture with a qualified small business concern shall not be denied the opportunity to compete for and be awarded a procurement contract to supply a product under the program provided for by section 2323 of title 10, United States Code, solely because the Indian Tribal or Alaska Native Corporation is not the actual manufacturer or processor of the product to be supplied.

    SEC. 8052. Of the funds made available in this Act, not less than ( 149 ) [Struck out->] $11,679,000 [<-Struck out] $10,596,000 shall be available for the Civil Air Patrol, of which ( 150 ) [Struck out->] $4,642,000 [<-Struck out] $4,471,000 shall be available for Operation and Maintenance.

    SEC. 8053. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 815th Weather Squadron of the Air Force Reserve, if such action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this Act.

    SEC. 8054. During the current fiscal year, withdrawal credits may be made by the Defense Business Operations Fund to the credit of current applicable appropriations of an activity of the Department of Defense in connection with the acquisition by that activity of supplies that are repairable components which are repairable at a repair depot and that 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. 8055. (a) Of the funds for the procurement of supplies or services appropriated by this Act, qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to participate as subcontractors and suppliers in the performance of contracts let by the Department of Defense.

    (b) During the current fiscal year, a business concern which has negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be given credit toward meeting that subcontracting goal for any purchases made from qualified nonprofit agencies for the blind or other severely handicapped.

    (c) For the purpose of this section, the phrase ‘qualified nonprofit 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-Wagner-O’Day Act (41 U.S.C. 46-48).

    ( 151 ) [Struck out->] SEC. [Struck out->] 8056. During the current fiscal year and thereafter, there is established, under the direction and control of the Attorney General, the National Drug Intelligence Center, whose mission it shall be to coordinate and consolidate drug intelligence from all national security and law enforcement agencies, and produce information regarding the structure, membership, finances, communications, and activities of drug trafficking organizations: [Struck out->] Provided, [Struck out->] That funding for the operation of the National Drug Intelligence Center, including personnel costs associated therewith, shall be provided from the funds appropriated to the Department of Defense. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8056. Notwithstanding any other provision of law, in addition to the funds made available elsewhere in this Act to the Department of the Navy, $60,000,000 to remain available until expended, shall be made available only for obligations incurred in the conveyance, clean-up, and restoration of Kaho’olawe Island.

    SEC. 8057. During the current fiscal year and thereafter, the Navy may provide notice to exercise options under the LEASAT program for the next fiscal year, in accordance with the terms of 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. 8058. During the current fiscal year, net receipts pursuant to collections from third party payers pursuant to section 1095 of title 10, United States Code, shall be made available to the local facility of the uniformed services responsible for the collections and shall be over and above the facility’s direct budget amount.

    ( 152 ) [Struck out->] SEC. [Struck out->] 8059. None of the funds in this Act shall be obligated for the procurement of Multibeam Sonar Mapping Systems, and supporting software, not engineered and manufactured in the United States: [Struck out->] Provided, [Struck out->] That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8059. Of the funds made available by this Act in title III, Procurement, $8,000,000, drawn pro rata from each appropriations 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 contractors which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d)(4)(B), and according to regulations which shall be promulgated by the Secretary of Defense within 90 days of the passage of this Act.

    SEC. 8060. During the current fiscal year and thereafter, notwithstanding any other provision of law, the Department of Defense is hereby authorized to develop and procure the LANDSAT 7 vehicle.

    SEC. 8061. None of the funds appropriated in this Act may be used to fill the commander’s position at any military medical facility with a health care professional unless the prospective candidate can demonstrate professional administrative skills.

    SEC. 8062. 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 amount calculated under the coordination of benefits reimbursement formula utilized when CHAMPUS is a secondary payor to medical insurance programs other than Medicare, and ( 153 ) [Struck out->] such appropriations as necessary, [<-Struck out] $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 pay or equivalent pay, or a dependent of such a member, or any other beneficiary described by section 1086(c) of title 10, United States Code, who becomes eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) solely on the grounds of physical disability, or end stage renal disease: Provided, That expenses under this section shall only be covered to the extent that such expenses are not covered under parts A and B of title XVIII of the Social Security Act and are otherwise covered under CHAMPUS: Provided further, That no reimbursement shall be made for services provided prior to October 1, 1991.

    SEC. 8063. During the current fiscal year, the Secretary of Defense may accept burdensharing contributions in the form of money from Japan, the 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 Department of Defense operation and maintenance appropriations available 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 Congress a report of contributions accepted by the Secretary under this provision during the preceding quarter.

    SEC. 8064. (a) Funds appropriated in this Act to finance activities 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 Department of Defense unless the FFRDC has a DOD approved conflict of interest policy for its members.

    (b) None of the funds appropriated in this Act are available to establish a new FFRDC, either as a new entity, or as a separate entity administered by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities.

    ( 154 ) (c) Notwithstanding any other provision of law, of the amounts available to the Department of Defense during fiscal year 1994, not more than $1,352,650,000 may be obligated for financing activities of federally funded research and development centers.

    (d) The total amount appropriated for research, development, test and evaluation by this Act is hereby reduced by $200,000,000 to reflect the obligation limitation contained in subsection (c).

    ( 155 ) [Struck out->] SEC. [Struck out->] 8065. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: [Struck out->] Provided, [Struck out->] That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: [Struck out->] Provided further, [Struck out->] That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: [Struck out->] Provided further, [Struck out->] That these restrictions shall not apply to contracts which are in being as of the date of enactment of this Act. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    [Struck out->] SEC. 8066. Notwithstanding any other provision of law, no more than 15 percent of the funds available to the Department of Defense for sealift may be used to acquire, directly or indirectly, through charter or purchase, ships constructed in foreign shipyards: Provided, That ships acquired as provided above shall be necessary to satisfy the shortfalls identified in the Mobility Requirements Study: Provided further, That any work required to convert foreign built ships acquired as provided above to United States Coast Guard and American Bureau of Shipping standards, or conversion to a more useful military configuration, must be accomplished in United States domestic shipyards: Provided further, That none of the funds shall be used to purchase the following major components: bridge or machinery control systems, or interior communications equipment, auxiliary equipment, including pumps for all shipboard services, propulsion system components (that is, engines, reduction gears, and propellers), shipboard cranes, and spreaders for shipboard cranes for sealift ships unless the systems or equipment, and their components, are manufactured in the United States: Provided further, That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes. [<-Struck out]

    SEC. 8065. 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, or to develop or implement modifications to an existing airborne instrumentation system, other than the Common Airborne Instrumentation System under development in the Central Test and Evaluation Investment Development program element funded in the ‘Developmental Test and Evaluation, Defense’ appropriations account.

    SEC. 8066. None of the unobligated balances available in the National Defense Stockpile Transaction Fund during the current fiscal year may be obligated or expended to finance any grant or contract to conduct research, development, test and evaluation activities for the development or production of advanced materials, unless amounts for such purposes are specifically appropriated in a subsequent appropriations Act.

    SEC. 8067. For the purposes of this Act, the term ‘congressional defense committees’ means the Committees on Armed Services, the Committees on Appropriations, and the subcommittees on Defense of the Committee on Appropriations, of the Senate and the House of Representatives.

    SEC. 8068. Notwithstanding any other provision of law, during the current fiscal year, the Secretary of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided, That the Senior Acquisition Executive of the military department or defense agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That Office of Management and Budget Circular A-76 shall not apply to competitions conducted under this section.

    SEC. 8069. (a)(1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary’s blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country.

    (2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country.

    (b) The Secretary of Defense shall submit to Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 1994. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party.

    (c) For purposes of this section, the term ‘Buy American Act’ means title III of the Act entitled ‘An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes’, approved March 3, 1933 (41 U.S.C. 10a et seq.).

    ( 156 ) [Struck out->] SEC. [Struck out->] 8070. (a) Of the funds made available in this Act in title II, Operation and Maintenance, Army, $5,000,000 shall be available only to execute the cleanup of uncontrolled hazardous waste contamination affecting the Sale Parcel at Hamilton Air Force Base, in Novato, in the State of California. [<-Struck out] [<-Struck out]

    [Struck out->] (b) Notwithstanding any other provision of law, in the event that the purchaser of the Sale Parcel exercises its option to withdraw from all or a portion of the sale, as provided in the Agreement and Modification, dated September 25, 1990, between the Department of Defense, the General Services Administration, and the purchaser, as amended, the purchaser’s deposit of $4,500,000 shall be returned by the General Services Administration and funds eligible for reimbursement under the Agreement and Modification, as amended, shall come from the funds made available to the Department of Defense by this Act. [<-Struck out]

    [Struck out->] (c) Notwithstanding any other provision of law, in the event that the purchaser purchases only a portion of the Sale Parcel and exercises its option to withdraw from the sale as to the rest of the Sale Parcel, the portion of the Sale Parcel that is not purchased (other than Landfill 26 and an appropriate buffer area around it), together with any of the land referred to in section 9099(e) of Public Law 102-396 that is not purchased by the purchaser, shall be sold to the City of Novato, in the State of California, for the sum of One Dollar as a public benefit transfer for school, classroom or other educational use, for use as a public park or recreation area or for further conveyance as provided herein, subject to the following restrictions: (1) if the City sells any portion of such land to any third party within ten years after the transfer to the City, which sale may be made without the foregoing use restrictions, any proceeds received by the City in connection with such sale, minus the demonstrated reasonable costs of conducting the sale and of any improvements made by the City to the land following its acquisition of the land (but only to the extent such improvements increase the value of the portion sold), shall be immediately turned over to the Army in reimbursement of the withdrawal payment made by the Army to the contract purchaser and the costs of cleaning up the Landfill and (2) until one year following completion of the cleanup of contaminated soil in the landfill and completion of the groundwater treatment facilities, the sale must be at a per-acre price for the portion sold that is at least equal to the per-acre contract price paid by the purchaser for the portion of the Sale Parcel purchased under the Agreement and Modification, as amended, and thereafter must be at a price at least equal to the fair market value of the portion sold. The foregoing restrictions shall not apply to a transfer to another public or quasi-public agency for public uses of the kind described above. The deed to the City shall contain a clause providing that, if any of the proceeds referred to in clause (1) are not delivered to the Army within 30 days after sale, or any portion of the land not sold as provided herein is used for other than educational, park or recreational uses, title to the applicable portion of such land shall revert to the United States Government at the election of the General Services Administration. The Army shall agree to deliver into the applicable closing escrow an acknowledgement of receipt of any proceeds described in clause (1) above and a release of the reverter right as to the affected land, effective upon such receipt. [<-Struck out]

    [Struck out->] (d) Notwithstanding any other provision of law, the Air Force shall be reimbursed for expenditures in excess of $15,000,000 in connection with the total clean-up of uncontrolled hazardous waste contamination on the aforementioned Sale Parcel from the proceeds collected upon the closing of any portion of the Sale Parcel purchased by the contract purchaser under the Agreement and Modification, as amended. [<-Struck out]

    SEC. 8070. 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 programs 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 proposed rescissions.

    SEC. 8071. Notwithstanding any other provision of law, the Secretary of Defense may, when he considers it in the best interest of the United States, cancel any part of an indebtedness, up to $2,500, that is or was owed to the United States by a member or former member of a uniformed service if such indebtedness, as determined by the Secretary, was incurred in connection with Operation Desert Shield/Storm: Provided, That the amount of an indebtedness previously paid by a member or former member and cancelled under this section shall be refunded to the member.

    SEC. 8072. Appropriations contained in this Act that remain available at the end of the current fiscal year as a result of energy cost savings realized by the Department of Defense shall remain available for obligation for the next fiscal year to the extent, and for the purposes, provided in section 2865 of title 10, United States Code.

    SEC. 8073. During the current fiscal year, voluntary separation incentives payable under 10 U.S.C. 1175 may be paid in such amounts as are necessary from the assets of the Voluntary Separation Incentive Fund established by section 1175(h)(1).

(INCLUDING TRANSFER OF FUNDS)

    SEC. 8074. Amounts deposited during fiscal years 1993 and 1994 to the special account established under 40 U.S.C. 485(h)(2) and to the special account established under 10 U.S.C. 2667(d)(1) are appropriated and shall be available until transferred by the Secretary of Defense to current applicable appropriations or funds of the Department of Defense under the terms and conditions specified by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred.

    ( 157 ) [Struck out->] SEC. [Struck out->] 8075. In order to maintain an electric furnace capacity in the United States, preference for the purchase of chromite ore and manganese ore authorized for disposal from the National Defense Stockpile shall be given to domestic producers of high carbon ferrochromium and high carbon ferromanganese-- [<-Struck out] [<-Struck out]

      [Struck out->] (A) whose primary output during the three preceding years has been ferrochromium or ferromanganese; and [<-Struck out]

      [Struck out->] (B) who guarantee to use the chromite and manganese ore for domestic purposes. [<-Struck out]

    SEC. 8075. None of the funds in this or any other Act shall be available for the preparation of studies on--

      (a) the feasibility of removal and transportation of unitary chemical weapons from the eight chemical storage sites within the continental United States: Provided, That this prohibition shall not apply to non-stockpile material in the United States or to studies needed for environmental analysis required by the National Environmental Policy Act; and

      (b) the potential future uses of the nine chemical disposal facilities other than for the destruction of stockpile chemical munitions and as limited by section 1412(c)(2), Public Law 99-145: Provided, That this prohibition does not apply to future use studies for the CAMDS facility at Tooele, Utah.

    SEC. 8076. During the current fiscal year, none of the funds available to the Department of Defense may be used to procure or acquire (1) defensive handguns or defensive handgun ammunition unless such handguns or handgun ammunition are the M9 9mm Department of Defense standard handgun or ammunition for such handguns, or (2) offensive handguns and ammunition except for the Special Operations Forces.

    SEC. 8077. During the current fiscal year, appropriations available to the Department of Defense may be used to reimburse a member of a reserve component of the Armed Forces who is not otherwise entitled to travel and transportation allowances and who occupies transient government housing while performing active duty for training or inactive duty training: Provided, That such members may be provided lodging in kind if transient government quarters are unavailable as if the member was entitled to such allowances under subsection (a) of section 404 of title 37, United States Code: Provided further, That if lodging in kind is provided, any authorized service charge or cost of such lodging may be paid directly from funds appropriated for operation and maintenance of the reserve component of the member concerned.

    SEC. 8078. For fiscal year 1994, the total amount appropriated to fund the Uniformed Services Treatment Facilities program, operated pursuant to section 911 of Public Law 97-99 (42 U.S.C. 248c), is limited to $291,000,000, of which not more than $265,000,000 may be provided by the funds appropriated by this Act.

    SEC. 8079. None of the funds available in this Act may be used to support in any manner, including travel or other related expenses, the ‘Tailhook Association’: Provided, That investigations by the Secretary of the Navy or consultation with the Tailhook Association are not prohibited by this provision.

    SEC. 8080. During the current fiscal year and thereafter, from funds available to the Department of Defense, the Director of the Air National Guard shall operate a Command, Control, Communications and Intelligence planning office manned by three full-time Air Guard officers in the rank of O-6, O-5, and O-4: Provided, That these officers shall be in addition to the strengths authorized in section 524 of title 10, United States Code.

    SEC. 8081. None of the funds appropriated in this Act or made available to the Department of Defense and deposited into the Pentagon Reservation Maintenance Revolving Fund may be used for the purpose of constructing a Pentagon Maintenance ( 158 ) [Struck out->] Facility, [<-Struck out] Facility or a Logistics Support Extension ( 159 ) [Struck out->] ,-or any other building not an integral part of the present Pentagon building [<-Struck out] .

    SEC. 8082. The President shall include with each budget for a fiscal year submitted to the Congress under section 1105 of title 31, United States Code, materials that shall identify clearly and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to administrative activities of the Department of Defense, the military departments, and the Defense Agencies.

    ( 160 ) [Struck out->] SEC. [Struck out->] 8083. None of the funds available to the Department of Defense may be obligated or expended for construction of Ground Wave Emergency Network (GWEN) sites in Fiscal Year 1994. [<-Struck out] [<-Struck out]

    ( 161 ) Sec. 8083. 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 appropriated in this or any other Act.

    SEC. 8084. The $15,000,000 made available in section 9088 of the Department of Defense Appropriations Act, 1993 (Public Law 102-396) for payment of claims to United States military and civilian personnel for damages incurred as a result of the volcanic eruption of Mount Pinatubo in the Philippines, shall remain available for obligation until September 30, 1994, notwithstanding section 9003 of that Act ( 162 ) : Provided further, That $5,000,000 of the funds made available by this section shall be available until September 30, 1995 for expenses associated with the construction and modification of facilities to support the relocation of military training programs from installations in the Philippines to sites in the United States.

(TRANSFER OF FUNDS)

    SEC. 8085. In addition to any other transfer authority contained in this Act, $100,000,000 appropriated in this Act under the heading ‘Operation and Maintenance, Defense-Wide’ may be transferred to appropriations contained in this Act which are available for the payment of civilian voluntary separation incentives, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred.

    SEC. 8086. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account established by section 2921(c)(1) of the National Defense Authorization Act of 1991, (Public Law 101-510; 10 U.S.C. 2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act.

    SEC. 8087. During the current fiscal year, annual payments granted under the provisions of section 4416 of the National Defense Authorization Act for fiscal year 1993 (Public Law 102-428; 106 Stat. 2714) shall be made from appropriations in this Act which are available for the pay of reserve component personnel.

    ( 163 ) [Struck out->] SEC. [Struck out->] 8088. None of the funds appropriated by this Act may be used to relocate the 116th Fighter Wing of the Air National Guard from Dobbins Air Reserve Base to Robins Air Force Base, or to convert that wing from F-15A aircraft to B-1B aircraft. [<-Struck out] [<-Struck out]

    SEC. 8088. None of the funds available to the Department of Defense for establishing a Naval East Coast Electronics Engineering Center may be obligated or expended for the establishment of such Headquarters at any location other than Charleston, South Carolina: Provided, That no such funds may be obligated or expended for the establishment or operation of subordinate detachments at St. Inigoes, Maryland, and Portsmouth, Virginia, with manning levels or broader functions than that specifically stated in the 1993 Report to the President of the Defense Base Closure and Realignment Commission.

    ( 164 ) [Struck out->] SEC. [Struck out->] 8089. (a) IN GENERAL- Subject to subsection (b), the Secretary of the Army may release, discharge, waive, and quitclaim all right, title, and interest which the United States may have by virtue of the quitclaim deed dated June 18, 1956, in and to approximately 6.89 acres of real property, with improvements thereon, in Harris County, Texas. [<-Struck out] [<-Struck out]

    [Struck out->] (b) CONDITION- The Secretary may carry out subsection (a) only after obtaining satisfactory assurances that the State of Texas shall obtain, in exchange for the real property referred to in subsection (a), a tract of real property-- [<-Struck out]

      [Struck out->] (1) which is at least equal in value to the real property referred to in subsection (a), and [<-Struck out]

      [Struck out->] (2) which shall be, on the date on which the State obtains it, subject to the same restrictions and covenants with respect to the Federal Government as are applicable on the date of the enactment of this Act to the real property referred to in subsection (a). [<-Struck out]

    [Struck out->] (c) LEGAL DESCRIPTION OF REAL PROPERTY- The exact acreage and legal description of the real property referred to in subsection (a) shall be based upon surveys that are satisfactory to the Secretary. [<-Struck out]

    SEC. 8089. (a) Notwithstanding any other provision of law, funds appropriated under this Act for the Department of Defense shall be made available for the Overseas Workload Program: Provided, 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 1994, 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 country in which the firm is located.

    (c) For purposes only of this section, Israel shall be considered in the European Theater in every respect, with its firms fully eligible for nonrestrictive, nondiscriminatory contract competition under the Overseas Workload Program.

    (d) No funds appropriated for the Overseas Workload Program for fiscal year 1994 or thereafter shall be used for contracts awarded in fiscal year 1994 or thereafter which have not been opened for competition in a manner consistent with this provision.

    ( 165 ) [Struck out->] SEC. 8090. None of the funds appropriated by this Act shall be used to procure aircraft fuel cells unless the fuel cells are produced or manufactured in the United States by a domestic-owned and domestic-operated entity: [Struck out->] Provided, [Struck out->] That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes. [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8090. None of the funds available to the Department of the Air Force shall be available to establish or support any organic depot maintenance support activity for the B-2 bomber.

    ( 166 ) [Struck out->] SEC. [Struck out->] 8091. (a) Notwithstanding any other provision of law, not less than $750,000 of the funds appropriated under the heading ‘Operation and Maintenance, Army’ in title II of this Act shall be made available until expended to conduct a demonstration program involving the Army Senior Reserve Officers’ Training Corps battalion at Indiana University-Northwest and Army Junior Reserve Officers’ Training Corps units near the University. The purpose of the program shall be to encourage minority students in secondary educational institutions to continue their education. [<-Struck out] [<-Struck out]

    [Struck out->] (b) Under the program, Senior Reserve Officers’ Corps cadets may serve as mentors and tutors for students in Junior Reserve Officers’ Corps units. Cadets and students may participate in combined activities, including summer camps, field training, and other traditional military activities. [<-Struck out]

    [Struck out->] (c) Senior Reserve Officers’ Corps cadets who serve as mentors and tutors may be paid a stipend. [<-Struck out]

    [Struck out->] (d) After a cadet has satisfactorily served in the program, under criteria established by the Secretary of the Army and for a period of time determined by the Secretary, the cadet may be provided financial assistance tuition, books, laboratory fees, and similar educational expenses if the cadet continues to serve satisfactorily in the program. [<-Struck out]

    SEC. 8091. (a) Any college, university, or other institution which has been determined by the Defense Contract Audit Agency to have overbilled the Federal Government for indirect costs which are unreasonable, unallowable, or unallocable under Office of Management and Budget Circulars A-21 and A-133 may not receive from the Department of Defense, during fiscal year 1994, any grant or contract, or combination of grants or contracts, which totals the amount overbilled to the Department of Defense.

    (b) The restriction in subsection (a) shall not apply if, within six months after an official determination of overbilling--

      (1) the institution in question either repays in full to the United States Treasury the amount overbilled to the Federal Government, plus interest, or

      (2) the Under Secretary of Defense for Acquisition certifies in writing to Congress that the institution is no longer liable for such restitution, or that the dispute has become the subject of formal judicial review.

    (c) The restriction in subsection (a) shall only apply to any college, university, or other institution which has been determined by the Defense Contract Audit Agency to have overbilled the Federal Government by an amount which equals or exceeds $15,000,000.

    SEC. 8092. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than ( 167 ) [Struck out->] $50,000 [<-Struck out] $25,000.

    SEC. 8093. None of the funds appropriated by this Act shall be available for direct ( 168 ) [Struck out->] or indirect [<-Struck out] support of the joint Department of Defense/Department of Energy Safeguard C contingent nuclear testing program.

    ( 169 )

[Struck out->] Sec. 8094. In connection with procurements of petroleum products made by the Department of Defense with appropriated funds, the Secretary shall consider all qualified bids from any eligible country under the Caribbean Basin Economic Recovery Act which is hereby deemed a designated country pursuant to 19 U.S.C. 2511(b). [<-Struck out]

    SEC. 8094. Of the funds appropriated to the Department of Defense for Operation and Maintenance, Defense-Wide, not less than $8,000,000 shall be made available until expended to the Administration for Native Americans within 90 days of enactment of this Act only for the mitigation of environmental impacts, including the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation, on Indian lands resulting from Department of Defense activities.

    SEC. 8095. During the current fiscal year, appropriations available for the pay and allowances of active duty members of the Armed Forces shall be available to pay the retired pay which is payable pursuant to section 4403 of Public Law 102-484 (10 U.S.C. 1293 note) under the terms and conditions provided in section 4403.

    ( 170 )

[Struck out->] Sec. 8096. None of the funds appropriated in this Act may be used to pay the salaries of more than two Senior Executive Service positions within the Office of the Assistant Secretary of the Army for Civil Works: [Struck out->] Provided, [Struck out->] That the individuals in these positions may not be compensated at a rate higher than level three of the Senior Executive Service. [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8096. None of the funds available to the Department of Defense shall be used for the training or utilization of psychologists in the prescription of drugs, except pursuant to the findings and recommendations of the Army Surgeon General’s Blue Ribbon Panel as specified in its February and August 1990 meeting minutes.

    [Struck out->] ( 171 ) [<-Struck out]

Sec. 8097. (a) During the current fiscal year, none of the appropriations or funds available to the Defense Business Operations Fund shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Defense Business Operations Fund if such an item would not have been chargeable to the Defense Business Operations Fund during fiscal year 1993 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement.

    [Struck out->] (b) The fiscal year 1995 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 1995 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 1995 procurement appropriation and not in the supply management business area or any other area or category of the Defense Business Operations Fund. [<-Struck out]

    SEC. 8097. 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 funds during the current fiscal year: Provided, That in determining the amount 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 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.

    ( 172 )

[Struck out->] Sec. 8098. (a) The prohibition in section 133(a)(2) of the National Defense Authorization Act for fiscal years 1990 and 1991 (Public Law 101-189; 103 Stat. 1383) does not apply to the obligation of funds in amounts not to exceed $216,000,000 for the procurement of not more than 36 OH-58D Scout aircraft from funds appropriated in title III of this Act. [<-Struck out]

    [Struck out->] (b) The prohibition in section 132(a)(2) of the National Defense Authorization Act for 1990 and 1991 (Public Law 101-189; 103 Stat. 1383) does not apply to the obligation of funds in amounts not to exceed $368,430,000 for the procurement of not more than 24 AH-64 aircraft from funds appropriated in title III of this Act. [<-Struck out]

    SEC. 8098. 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 Department 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.

    SEC. 8099. (a) FINDINGS- The Congress finds that--

      (1) the United States Government has not made adequate efforts to seek the payment of compensation by the government of Peru for the death and injuries to United States military personnel resulting from the attack by aircraft of the military forces of Peru on April 24, 1992, against a United States Air Force C-130 aircraft operating off the coast of Peru; and

      (2) in failing to make such efforts adequately, the United States Government has failed in its obligation to support the servicemen and their families involved in the incident and generally to support members of the Armed Forces carrying out missions on behalf of the United States.

    (b) SEMIANNUAL REPORT- The Secretary of Defense shall submit a report to Congress on December 1 and June 1 of each year on the efforts made by the Government of the United States during the preceding six-month period to seek the payment of fair and equitable compensation by the Government of Peru (1) to the survivors of Master Sergeant Joseph Beard, Jr., United States Air Force, who was killed in the attack described in subsection (a), and (2) to the other crew members who were wounded in the attack and survived.

    (c) TERMINATION OF REPORT REQUIREMENT- The requirement in subsection (b) shall terminate upon certification by the Secretary of Defense to Congress that the Government of Peru has paid fair and equitable compensation as described in subsection (b).

    SEC. 8099A. NONE OF THE FUNDS APPROPRIATED BY THIS ACT SHALL BE USED FOR THE SUPPORT OF ANY NONAPPROPRIATED FUNDS ACTIVITY OF THE DEPARTMENT OF DEFENSE THAT PROCURES MALT BEVERAGES, WINE AND CIGARETTES WITH NONAPPROPRIATED FUNDS FOR RESALE (INCLUDING SUCH ALCOHOLIC BEVERAGES SOLD BY THE DRINK) ON A MILITARY INSTALLATION LOCATED IN THE UNITED STATES UNLESS SUCH MALT BEVERAGES, WINE AND CIGARETTES ARE PROCURED WITHIN 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 a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further, That such local procurement requirements for malt beverages, wine and cigarettes shall apply to all alcoholic beverages and cigarettes only for military installations in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages, and cigarettes, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered.

    SEC. 8100. Notwithstanding any other provision of law or regulation, the Department of Defense is directed to use available off the shelf, nondevelopmental items in filling small craft and small boat requirements when at all possible.

    SEC. 8101. No part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress.

    ( 174 ) [Struck out->] SEC. [Struck out->] 8102. None of the funds appropriated by this Act shall be available for payment of the compensation of personnel assigned to or serving in the National Foreign Intelligence Program in excess of 96 percent of such personnel actually assigned to or serving in the National Foreign Intelligence Program on September 30, 1992: [Struck out->] Provided, [Struck out->] That in making any reduction in the number of such personnel that may be required pursuant to this section, the percentage of reductions to Senior Intelligence Service positions shall be equal to or exceed the percentage of reductions to non-Senior Intelligence Service positions: [Struck out->] Provided further, [Struck out->] That in making any reduction in the number of such personnel that may be required pursuant to this section, the percentage of reductions to positions in the National Capital Region shall be equal to or exceed the percentage of reductions to positions outside of the National Capital Region. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 8102. (a) Of the amounts available to the Department of Defense for fiscal year 1994, not less than $10,000,000 shall be available for National Defense Science and Engineering Graduate Fellowships to be awarded on a competitive basis by the Secretary of Defense to United States citizens or nationals pursuing advanced degrees in fields of primary concern and interest to the Department.

    (b) Fellowships awarded pursuant to subsection (a) above shall not be restricted on the basis of the geographical locations in the United States of the institutions at which the recipients are pursuing the aforementioned advanced degrees.

    (c) Not less than 50 per centum of the funds necessary to carry out this section shall be derived from the amounts available for the University Research Initiatives Program in ‘Research, Development, Test and Evaluation, Defense-Wide’, and the balance necessary shall be derived from amounts available for Defense Research Sciences under title IV of this Act.

    SEC. 8103. None of the funds provided by this Act may be used to pay the salaries of any person or persons who authorize the transfer of obligated and deobligated appropriations into the Reserve for Contingencies of the Central Intelligence Agency.

    SEC. 8104. During the current fiscal year ( 175 ) [Struck out->] and thereafter, [<-Struck out] funds appropriated for construction projects of the Central Intelligence Agency, which are transferred to another Agency for execution, shall remain available until expended.

    SEC. 8105. During the current fiscal year ( 176 ) [Struck out->] and thereafter, [<-Struck out] 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. 8106. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 1995.

(TRANSFER OF FUNDS)

    SEC. 8107. During the current fiscal year ( 177 ) [Struck out->] and thereafter, [<-Struck out] no funds may be made available through transfer, reprogramming, or other means between the Central Intelligence Agency and the Department of Defense for any intelligence or special activity 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. 8108. The classified annex prepared by the Committee on Appropriations to accompany the report on the Department of Defense Appropriations Act, 1994 is hereby incorporated into this Act: Provided, That the amounts specified in the classified Annex are not in addition to amounts appropriated by other provisions of this Act: Provided further, That the President shall provide for appropriate distribution of the classified Annex, or of appropriate portions of the classified Annex, within the executive branch of the Government.

    ( 178 ) [Struck out->] SEC. [Struck out->] 8109. Notwithstanding any other provision of law, funds made available in this Act for the Defense Intelligence Agency may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems at the Unified and Specified Commands. [<-Struck out] [<-Struck out]

    [Struck out->] SEC. 8110. After March 1, 1994, none of the funds appropriated by this Act shall be available for any National Foreign Intelligence Program: Provided, That this provision shall not apply for any National Foreign Intelligence Program for which budget exhibits were submitted to the House Committee on Appropriations which justifies in detail all funds requested for ‘base’, ‘ongoing’, and ‘new’ programs for fiscal year 1995. [<-Struck out]

    [Struck out->] SEC. 8111. None of the funds appropriated by this Act shall be available for the planning, programming or actual movement of any component or function of the Defense Mapping Agency Aerospace Center annex from the St. Louis, Missouri, area. [<-Struck out]

[Struck out->] (INCLUDING TRANSFER OF FUNDS) [<-Struck out]

    [Struck out->] SEC. 8112. In addition to amounts appropriated or otherwise made available by this Act, $21,700,000 is hereby appropriated to the Department of Defense and shall be available only for transfer to the United States Coast Guard for a 2.2 percent pay increase for uniformed members. [<-Struck out]

    [Struck out->] SEC. 8113. None of the funds appropriated or made available in this Act shall be obligated or expended for the performance of depot-level maintenance by the Department of Defense unless such activities are conducted in accordance with section 2466(a) of title 10, United States Code, as amended by Public Law 102-484. [<-Struck out]

    [Struck out->] SEC. 8114. Notwithstanding any other provision of law, and in accordance with section 2905 of the Defense Base Closure and Realignment Act of 1990, Public Law 101-510, the Department of Defense shall proceed with implementation of the 1993 Defense Base Closure and Realignment Commission recommendation concerning the consolidation of tactical missile maintenance at Letterkenny Army Depot. [<-Struck out]

    [Struck out->] SEC. 8115. Notwithstanding any other provision of law, the Secretary of the Navy shall obligate the funds appropriated for fiscal years 1992 and 1993 for the USH-42 Mission Recorder program for the A-6 aircraft. [<-Struck out]

    [Struck out->] SEC. 8116. In addition to amounts appropriated elsewhere in this Act, $200,000 shall be available only for settlement of claims and interest thereon, associated with contract numbered N62474-86-C-0253 for construction of a multipurpose range complex at the Marine Corps Air Ground Combat Center in Twentynine Palms, California: Provided, That such settlement shall be made pursuant to the recommendation of August 19, 1993, of the Comptroller General of the United States (case B-230871.3). [<-Struck out]

    [Struck out->] SEC. 8117. Notwithstanding any other provision of law, none of the funds appropriated for fiscal year 1993 and fiscal year 1994 for the DDG-51 destroyer program shall be obligated or expended for procurement of the ring laser gyroscope inertial navigation system under a sole source contract. [<-Struck out]

    [Struck out->] SEC. 8118. The Secretary of the Navy shall carry out the establishment of the Mine Warfare Center of Excellence at the naval station at Ingleside, Texas (including the establishment of all subordinate units and the relocation of Navy mine warfare forces), in accordance with the schedule of the Navy for the establishment of such center and without regard to any alteration in that schedule that would otherwise be required pursuant to any other provision of law enacted during the first session of the 103d Congress that applies specifically to the construction and operation of that center or to the relocation of Navy mine warfare forces to Ingleside, Texas. [<-Struck out]

    [Struck out->] SEC. 8119. (a) The amount expended during fiscal year 1994 from funds appropriated by this Act or any prior Department of Defense Appropriations Act shall not exceed $255,795,000,000. [<-Struck out]

    [Struck out->] (b) The Secretary of Defense and the Director of Central Intelligence shall take such steps as necessary to ensure compliance with the requirement in subsection (a). [<-Struck out]

    [Struck out->] (c) The provisions of the Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) shall not apply with respect to funds appropriated by this Act or any prior Department of Defense Appropriations Act to the extent necessary to enable the Secretary of Defense to comply with subsection (a). [<-Struck out]

    [Struck out->] (d) Any payment required to be made by the Department of Defense to a business concern that, but for this subsection, would be required to be made during September, 1994 may be made during the period beginning on October 1, 1994, and ending on the date that is 30 days after the date on which the payment would otherwise be required to be made. In determining the amount of any interest penalty under section 3902 of title 31, United States Code, for failure to make any such payment, any period for which the Secretary of Defense, under the preceding sentence, deferred the required payment date shall not be taken into account. [<-Struck out]

    [Struck out->] (e)(1) The Secretary of Defense shall, on each of the dates specified in paragraph (2), submit to the Committees on Appropriations and the Committees on Armed Services of the Senate and House of Representatives a report on the implementation of this section. Each such report shall include-- [<-Struck out]

      [Struck out->] (A) an analysis of cumulative obligations and cumulative expenditures from accounts subject to the limitation in subsection (a) during the period beginning on October 1, 1993, and ending on the last day of the month preceding the month in which the report is to be submitted, including a comparison of such obligations and expenditures with the relevant estimates of outlays made by the Office of Management and Budget and the Congressional Budget Office; and [<-Struck out]

      [Struck out->] (B) a description of the specific actions taken by the Secretary to ensure that the Department of Defense meets the requirements of subsection (a). [<-Struck out]

    [Struck out->] (2) The reports required by paragraph (1) shall be submitted not later than the following dates in 1994: January 15, April 15, July 15, September 15, and October 15. [<-Struck out]

    SEC. 8109. None of the funds appropriated by this Act shall be used to begin closing a military treatment facility unless the Secretary of Defense notifies the Committees on Appropriations of the House of Representatives and the Senate ninety days prior to such action.

    SEC. 8110. The Secretary of Defense is authorized to provide optional summer school programs in addition to the programs otherwise 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 shall be made available for use by the Secretary to defray the costs of summer school operations.

    Sec. 8111. Unobligated balances of the funds appropriated in Public Law 102-172 and Public Law 102-396 under the headings ‘World University Games’, ‘Summer Olympics’ and ‘World Cup USA 1994’ in title II of those Acts shall, notwithstanding any other section of those Acts, remain available for obligation until September 30, 1995.

    SEC. 8112. Notwithstanding any other provision of law, reimbursements received from the North Atlantic Treaty Organization for the E-3 Airborne Warning and Control System (AWACS) Radar System Improvement Program (RSIP) attributable to development work for fiscal years 1987 through 1992 shall be available to the Air Force until September 30, 1994, for meeting that service’s financial commitments for the AWACS RSIP.

    SEC. 8113. (a) None of the funds appropriated or otherwise made available in this Act may be used to transport or provide for the transportation of chemical munitions to the Johnston Atoll for the purpose of storing or demilitarizing such munitions.

    (b) The prohibition in subsection (a) shall not apply to any obsolete World War II chemical munition of the United States found in the World War II Pacific Theater of Operations.

    (c) The President may suspend the application of subsection (a) during a period of war in which the United States is a party.

    SEC. 8114. None of the funds available to the Department of Defense may be used to support the relocation of P-3 aircraft squadrons or other aircraft or units from the Naval Air Station at Barbers Point, Hawaii unless such relocation was specifically stated in the 1993 Report to the President of the Defense Base Closure and Realignment Commission.

    SEC. 8115. (a) No funds available to the Air Force during fiscal year 1994 may be obligated or expended for any research, development, test, or evaluation activities to upgrade the current capabilities of the B-1B bomber unless the Secretary of Defense certifies to the Congressional defense committees that the entire B-1B upgrade program is militarily-required, affordable, and fully funded in the Future Years Defense Program for fiscal years 1995-2000.

    (b) Of the funds appropriated for the Department of Defense for fiscal year 1993 under the heading ‘Research, Development, Test and Evaluation, Air Force’ in Title IV of Public Law 102-396, the following amount is hereby rescinded: $31,000,000.

    SEC. 8116. The Secretary of Defense is authorized to use, for foreign military sales otherwise authorized under Chapter 39, title 22 United States Code or for transfer to United States Army, Army National Guard, or Army Reserves, articles and services procured for the implementation of the Italian air defense agreements: Provided, That the term ‘Italian air defense agreements’ has the meaning given such term in Section 1050 of Public Law 102-190, (105 Stat. 1469): Provided further, That section 1050 of Public Law 102-190 (105 Stat. 1469) is repealed.

    SEC. 8117. None of the funds appropriated or otherwise made available by this or any other Act may be made available for the Department of Defense to develop, acquire, by purchase or otherwise, any 52 caliber-variant of the M109 155mm self-propelled howitzer.

    SEC. 8118. Notwithstanding any other provision of law, funds and credits received from the contractor under contract warranties for the failure of the first ultra high frequency follow-on satellite shall no longer be available for a replacement ultra high frequency satellite but shall be made available to finance a replacement extremely high frequency satellite and its launch.

(TRANSFER OF FUNDS)

    SEC. 8120. Upon enactment of this Act, the Secretary of Defense shall make the following transfers of funds: Provided, That the 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 further, That the amounts shall be transferred between the following appropriations in the amounts specified:

      From:

        ( 179 ) [Struck out->] Under the heading, ‘Shipbuilding and Conversion, Navy, 1990/1994’: [<-Struck out]

          [Struck out->] AOE combat support ship program, $3,459,000; [<-Struck out]

        Under the heading, ‘Research, Development, Test and Evaluation, Navy, 1993/1994’, $3,459,000;

      To:

        Under the heading, ‘Shipbuilding and Conversion, Navy, 1986/1990’:

          MHC coastal mine hunter program, $3,459,000;

      From:

        ( 180 ) [Struck out->] Under the heading, ‘Shipbuilding and Conversion, Navy, 1990/1994’: [<-Struck out]

          [Struck out->] AOE combat support ship program, $46,000; [<-Struck out]

          [Struck out->] Oceanographic ship program, $538,000; [<-Struck out]

          [Struck out->] For craft, outfitting, post delivery, and ship special support equipment, $994,000; [<-Struck out]

        [Struck out->] Under the heading, ‘Shipbuilding and Conversion, Navy, 1991/1995’: [<-Struck out]

          [Struck out->] For craft, outfitting, and post delivery, $3,806,000; [<-Struck out]

        [Struck out->] Under the heading, ‘Aircraft Procurement, Navy, 1992/1994’, $28,710,000; [<-Struck out]

        [Struck out->] Under the heading, ‘Shipbuilding and Conversion, Navy, 1992/1996’: [<-Struck out]

          [Struck out->] DDG-51 destroyer program, $41,800,000; [<-Struck out]

          [Struck out->] For craft, outfitting, and post delivery, $1,560,000; [<-Struck out]

        [Struck out->] Under the heading, ‘Weapons Procurement, Navy, 1992/1994’, $36,000,000; [<-Struck out]

        Under the heading, ‘Aircraft Procurement, Navy, 1993/1995’, $3,400,000;

        Under the heading, ‘National Guard and Reserve Equipment, 1993/1995’, $21,208,000;

        Under the heading, ‘Research, Development, Test and Evaluation, Navy, 1993/1994’, $88,846,000;

      To:

        Under the heading, ‘Shipbuilding and Conversion, Navy, 1988/1992’:

          SSN-688 attack submarine program, $26,596,000;

          CVN nuclear aircraft carrier program, $83,600,000;

          LHD-1 amphibious assault ship program, $3,258,000;

      From:

        Under the heading, ‘Aircraft Procurement, Navy, 1992/1994’, ( 181 ) [Struck out->] $28,890,000 [<-Struck out] $57,600,000;

        ( 182 ) [Struck out->] Under the heading, ‘Aircraft Procurement, Navy, 1993/1995’, $3,400,000; [<-Struck out]

        [Struck out->] Under the heading, ‘Shipbuilding and Conversion, Navy, 1993/1997’; [<-Struck out]

          [Struck out->] Refuelding overhauls, $909,000; [<-Struck out]

          [Struck out->] DDG-51 destroyer programs, $14,400,000; [<-Struck out]

          [Struck out->] MHC coastal mine hunter program, $9,343,000; [<-Struck out]

          [Struck out->] For craft, outfitting and post delivery, $27,250,000; [<-Struck out]

        [Struck out->] Under the heading, ‘Weapons Procurement, Navy, 1993/1995’, $76,164,000; [<-Struck out]

        Under the heading, ‘Weapons Procurement, Navy, 1992/1994’, $36,000,000;

        Under the heading, ‘Other Procurement, Navy, 1993/1995’, $66,756,000;

      To:

        Under the heading, ‘Shipbuilding and Conversion, Navy 1989/1993’:

          TRIDENT ballistic missile submarine program, $11,655,000;

          SSN-688 attack submarine program, $26,972,000;

          SSN-21 attack submarine program, $40,800,000;

          DDG-51 destroyer program, $71,500,000;

          MHC coastal mine hunter program, $9,429,000;

      From:

        ( 183 ) [Struck out->] Under the heading, ‘Other Procurement, Navy, 1993/1995’, $68,361,000; [<-Struck out]

        [Struck out->] Under the heading, ‘Research, Development, Test and Evaluation, Navy, 1993/1995’, $45,000,000; [<-Struck out]

        Under the heading, ‘Shipbuilding and Conversion, Navy, 1990/1994’:

          AOE combat support ship program, $3,505,000;

          Oceanographic ship program, $538,000;

          Craft, outfitting, post delivery, and ship special support equipment, $994,000;

        Under the heading, ‘Weapons Procurement, Navy, 1993/1995’, $49,868,000;

      To:

        Under the heading, ‘Shipbuilding and Conversion, Navy 1990/1994’:

          TRIDENT ballistic missile submarine program, $7,241,000;

          DDG-51 destroyer program, $40,100,000;

          MCM mine countermeasures program, $7,564,000;

          ( 184 ) [Struck out->] T-AGOS surveillance ship program $58,456,000; [<-Struck out]

      From:

        Under the heading, ‘Shipbuilding and Conversion, Navy, 1991/1995’:

          For craft, outfitting, and post delivery, $45,865,000;

        Under the heading, ‘Shipbuilding and Conversion, Navy, 1992/1996’:

          DDG-51 destroyer program, $41,800,000;

          For craft, outfitting, post delivery, and DBOF transfer, $6,260,000;

        Under the heading, ‘Shipbuilding and Conversion, Navy, 1993/1997’:

          DDG-51 destroyer program, $14,400,000;

          MHC coastal mine hunter program, $9,343,000;

          For craft, outfitting, post delivery, and first destination transportation, and inflation adjustments, $45,177,000;

        Under the heading, ‘Weapons Procurement, Navy, 1993/1995’, ( 186 ) $24,015,000 $100,382,000;

        Under the heading, ‘Other procurement, Navy, 1993/1995’, ( 187 ) $102,439,000 $6,044,000;

      To:

        Under the heading, ‘Shipbuilding and Conversion, Navy, 1991/1995’:

          SSN-21 attack submarine program, ( 188 ) [Struck out->] $70,654,000 [<-Struck out] $237,971,000;

          DDG-51 destroyer program, $31,300,000 ( 189 ) ;

        [Struck out->] Under the heading, ‘Shipbuilding and Conversion, Navy, 1993/1997’: [<-Struck out]

          [Struck out->] LSD cargo variant ship program, $24,500,000 [<-Struck out] .

    ( 190 ) [Struck out->] SEC. [Struck out->] 8121. None of the funds in this Act are available for any board, committee, or panel which develops, sets, defines, or recommends National Foreign Intelligence Program requirements: [Struck out->] Provided, [Struck out->] That this provision shall not apply to any such board, committee, or panel for which a majority of the members are not career intelligence or cryptologic professionals. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    [Struck out->] SEC. 8122. The Departments of Defense and Air Force are directed to obligate, no later than thirty days after enactment of this Act, the $55,500,000 appropriated for research and development in Public Law 102-396 only for the continuance of the Space Nuclear Thermal Propulsion Program. [<-Struck out]

    SEC. 8121. Notwithstanding any other provision of law, funds appropriated in this Act for the upgrade, purchase, or modernization of supercomputing capability and capacity under the High Performance Computing Modernization program shall only be available for contracts, contract modifications, or contract options which are awarded without regard to the architecture or design of the supercomputer system.

    SEC. 8122. Amounts collected for the use of the facilities of the National Science Center for Communications and Electronics during the current fiscal year pursuant to section 1459(g) of the Department of Defense Authorization Act, 1986 and deposited to the special account established under subsection 1459(g)(2) of that Act are appropriated and shall be available until expended for the operation and maintenance of the Center as provided for in subsection 1459(g)(2).

    SEC. 8123. The Secretary of Defense and the Director of Central Intelligence shall deliver, in conjunction with the fiscal year 1995 budget request, a report providing the following information about all research and development projects involving the implementation, monitoring, or verification of current and projected international arms control agreements: (a) annual and total budgets, goals, schedules, and priorities; (b) relationships among related projects being funded by the Department of Defense, the National Foreign Intelligence Program, and other departments and agencies of the Federal Government; and (c) comments by the Arms Control and Disarmament Agency about the relevance of each project to the arms control priorities of the United States.

    ( 191 ) [Struck out->] SEC. [Struck out->] 8124. Notwithstanding any other provision of law, none of the funds appropriated in this or any other Act shall be used for the purchase of a totally enclosed lifeboat survival system, which consists of the lifeboat and associated davits and winches, if less than 75 percent of the entire system’s components are manufactured in the United States, and if less than 75 percent of the labor in the manufacture and assembly of the entire system is performed in the United States. [<-Struck out] [<-Struck out]

    [Struck out->] SEC. 8125. None of the funds appropriated by this Act may be used (1) to transfer to the United Nations a facility in the continental United States for use as a United Nations peacekleeping facility, or (2) for the renovation of such a facility in preparation for such a transfer. [<-Struck out]

    SEC. 8124. During the current fiscal year, funds received from the sale of tanks and infantry fighting vehicles under section 21 of the Arms Export Control Act (22 U.S.C. 2761) shall be available for the upgrading of tanks, infantry fighting vehicles or armored personnel carriers in the manner and to the extent specified by subsections 21(j)(1) and (2) of that Act (22 U.S.C. 2761(j)(1) and (2)).

    SEC. 8125. Amounts appropriated in this Act which are available for the Small Business Innovation Research Program and the Small Business Technology Transfer Pilot Program portions of the extramural research and development budget of the Department of Defense shall be the amounts specifically identified for those programs in the supporting documentation accompanying the Budget submitted for the Department of Defense, notwithstanding sections 9(f)(1) and (n)(1) of the Small Business Act (15 U.S.C. 638(f)(1) and (n)(1)).

( 192 ) [Struck out->] COMPLIANCE WITH BUY AMERICAN ACT [<-Struck out]

    [Struck out->] SEC. 8126. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ‘Buy American Act’). [<-Struck out]

[Struck out->] SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE [<-Struck out]

    [Struck out->] SEC. 8127. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. [<-Struck out]

    [Struck out->] (b) NOTICE TO RECIPIENTS OF ASSISTANCE- In providing financial assistance under this Act, the Secretary of Defense shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. [<-Struck out]

[Struck out->] PROHIBITION OF CONTRACTS [<-Struck out]

    [Struck out->] SEC. 8128. If it has been finally determined by a court or Federal agency that any person intentionally affixed a fraudulent label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that was not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. [<-Struck out]

[Struck out->] RECIPROCITY [<-Struck out]

    [Struck out->] SEC. 8129. (a) GENERAL RULE- Except as provided in subsection (b), no contract or subcontract may be made with funds authorized under this Act to a company organized under the laws of a foreign country unless the Secretary finds that such country affords comparable opportunities to companies organized under laws of the United States. [<-Struck out]

    [Struck out->] (b) EXCEPTION- (1) The Secretary may waive the rule stated under subsection (a) if the products or services required are not reasonably available from companies organized under the laws of the United States. Any such waiver shall be reported to the Congress. [<-Struck out]

    [Struck out->] (2) Subsection (a) shall not apply to the extent that to do so would violate the General Agreement on Tariffs and Trade or with any other international agreement to which the United States is a party. [<-Struck out]

    Sec. 8126. None of the funds appropriated by this or any other Act with respect to any fiscal year for the Navy may be used to carry out an electromagnetic pulse program in the Chesapeake Bay area in connection with the Electromagnetic Pulse Radiation 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.

    SEC. 8127. Military personnel who separate from a military department under the Voluntary Separation Initiative (VSI) or the Special Separation Bonus (SSB), and who are eligible for service continuation bonuses such as the reenlistment bonus or aviation continuation pay during the same year in which they separate, will receive separation payments reduced by an amount equal to the amount of the continuation bonus received by the member in the year in which the member separates: Provided, That any future continuation bonus payments to which the member would otherwise be entitled are rescinded: Provided further, That civilian employees of the Department of Defense are prohibited from receiving voluntary separation payments if such employees are rehired by another agency of the Federal Government within one hundred and eighty days of separating from the Department of Defense.

    SEC. 8128. Under the heading ‘Research, Development, Test and Evaluation, Army’ in the Department of Defense Appropriations Act, 1993 (Public Law 102-396), delete the final proviso and insert in lieu thereof:

      ‘: Provided further, That of the funds appropriated in this paragraph, $4,000,000 shall be used only for a grant to the Assistive Technology Center at the National Rehabilitation Hospital for laboratory and other efforts associated with research and development and other programs of major importance to the Department of Defense’.

    SEC. 8129. None of the funds appropriated in this Act may be used to pay for the costs of personnel, operations, procurement of supplies or other items in support of the Marshall Center.

    SEC. 8130. None of the funds appropriated or otherwise made available by this Act may be used for a defense technology reinvestment project that is not selected pursuant to the applicable competitive selection and other procedures set forth in chapter 148 of title 10, United States Code.

    ( 193 ) Sec. 8131. The appropriations made under the headings ‘Operation and Maintenance, Navy’ and ‘Operation and Maintenance, Air Force’ under chapter III of title XI of the Dire Emergency Supplemental Appropriations Act, 1992, including disaster assistance to meet the present emergencies arising from the consequences of Hurricane Andrew, Typhoon Omar, Hurricane Iniki and other natural disasters, and additional assistance to distressed communities (Public Law 102-368) are each amended by inserting ‘, the August 8, 1993 earthquake in Guam’ immediately after ‘Typhoon Omar’ and by striking out ‘September 30, 1993’ and inserting ‘September 30, 1994’ in lieu thereof.

    ( 194 ) Sec. 8132. The appropriation, ‘Emergency Response Fund, Defense’ made under the heading ‘Emergency Response Fund’ by the Department of Defense Appropriations Act, 1990 (Public Law 101-165) is amended by inserting the following immediately after the third sentence: ‘In addition to the foregoing, upon a determination by the Secretary of Defense that such action is necessary, the Fund may be used, in addition to other funds available to the Department of Defense for such purposes, for expenses of the Department of Defense which are incurred in supplying supplies or services furnished in response to natural or manmade disasters.’.

    ( 195 ) Sec. 8133. Of the funds appropriated or otherwise made available by this Act not more than $155,000,000 shall be available for payment of the operating costs of NATO Headquarters.

    ( 196 ) Sec. 8134. None of the funds appropriated by this Act shall be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement 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.

    ( 197 ) Sec. 8135. Not later than January 1, 1994, the Secretary of the Navy shall transfer, without reimbursement, to the Secretary of State a tract of land consisting of approximately 10 acres, together with improvements thereon, which comprise that portion of the Naval Base, Charleston, South Carolina, bounded by Bainbridge Avenue, Holland Street, and Dyess Avenue and known as buildings 646, 646A, 647, 643, 645, and 649, excluding building 644, and all walkways and parking areas associated with such buildings: Provided, That the real property transferred pursuant to this section shall be used by the Secretary of State in support of diplomatic and consular operations: Provided further, That the exact acreage and legal description of the property to be transferred under this section shall be determined by a survey approved by the Secretary of the Navy.

    ( 198 ) Sec. 8136. Notwithstanding any other provision of law, the Secretary of Defense shall pay a death gratuity to each Servicemen’s Group Life Insurance (SGLI) beneficiary of each deceased member of the uniformed services who died after October 28, 1992 and before December 1, 1992, and whose death was a death in the performance of duty: Provided, That the amount of the death gratuity payable to each beneficiary under this section shall be equal to the SGLI paid or payable to such beneficiary under Subchapter III of chapter 19 of title 38, United States Code, by reason of the death of such member: Provided further, That no death gratuity shall be paid under this section where the deceased member of the uniformed services affirmatively elected, in writing, to decline to apply for increased SGLI coverage under paragraph (e) of section 1922A of title 38, United States Code: Provided further, That in the case of a deceased member of the uniformed services who, prior to death, affirmatively elected, in writing, to apply for an increase in SGLI coverage in an amount less than $100,000 under paragraph (e) of section 1922A of title 38, U.S.C., the death gratuity paid under this section shall be equal to the amount of the increase so elected: Provided further, That a death gratuity shall be payable under this section to a SGLI beneficiary upon receipt of a written application therefor by the Secretary of Defense not later than September 30, 1994: Provided further, That, in addition to amounts appropriated elsewhere in this Act, $5,300,000 is appropriated and shall be available only for the settlement of death gratuity claims under this section.

(TRANSFER OF FUNDS)

    ( 199 ) Sec. 8137. During the current fiscal year and thereafter, sales of stockpiled material in the National Defense Stockpile Transaction Fund in the Defense Business Operations Fund may be made in amounts not to exceed $500,000,000 in each fiscal year: Provided, That receipts from such sales as well as available fund balances may be transferred to any appropriation available to the Department of Defense to be merged with and to be available for the same purposes and same time period as the appropriation to which transferred, or may be deposited to the miscellaneous receipts of the Treasury: Provided further, That the Secretary of Defense may impose a moratorium on the acquisition of new material for the National Defense Stockpile for the purpose of reducing existing excess material in the Stockpile.

    ( 200 ) Sec. 8138. The Assistant Secretary of Defense for Health Affairs shall, during the current fiscal year, initiate a managed health care program for eligible beneficiaries in the area of Homestead Air Force Base: Provided, That this program shall provide benefits and services substantially identical to those established to serve beneficiary populations in areas where military medical facilities have been terminated, to include retail pharmacy networks available to Medicare-eligible beneficiaries: Provided further, That the Assistant Secretary of Defense for Health Affairs shall present a plan to implement this program to the House and Senate Committees on Appropriations not later than January 15, 1994.

( 201 ) (rescissions)

    SEC. 8139. Of the funds provided in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts in the specified amounts:

      ‘Aircraft Procurement, Army, 1993/1994’, $42,700,000;

      ‘Wheeled and Tracked Combat Vehicles, Army, 1993/1995’, $4,700,000;

      ‘Procurement of Ammunition, Army, 1992/1994’, $30,181,000;

      ‘Procurement of Ammunition, Army, 1993/1995’, $32,580,000;

      ‘Weapons Procurement, Navy, 1992/1994’, $15,000,000;

      ‘Weapons Procurement, Navy, 1993/1995’, $47,500,000;

      ‘Other Procurement, Navy, 1993/1995’, $26,600,000;

      ‘Procurement, Marine Corps, 1992/1994’, $10,285,000;

      ‘Procurement, Marine Corps, 1993/1995’, $6,508,000;

      ‘Missile Procurement, Air Force, 1993/1995’, $57,600,000;

      ‘Other Procurement, Air Force, 1993/1995’, $63,206,000;

      ‘Other Procurement, Air Force, 1992/1994’, $17,276,000;

      ‘Research, Development, Test and Evaluation, Navy, 1993/1994’, $13,100,000.

    ( 202 ) Sec. 8140. In addition to amounts appropriated elsewhere in this Act, $25,000,000 is appropriated for the subsidy of loan guarantees to carry out the program established under section 1052 of S. 1298 as it passed the Senate on September 14, 1993: Provided, That such section is enacted into law.

    ( 203 ) Sec. 8141. The Under Secretary of Defense for Acquisition shall develop a detailed plan and schedule to implement the transition of the Defense Nuclear Agency and the integration of its militarily essential functions into the military services and Advanced Research Projects Agency: Provided, That none of the funds made available by this Act shall be available to implement changes in current DNA operations until 30 days after the plan and schedule have been approved by the Under Secretary of Defense for Acquisition and submitted to the Congressional defense committees for review: Provided further, That the Under Secretary of Defense for Acquisition shall submit the aforementioned transition plan and schedule not later than February 1, 1994.

    ( 204 ) Sec. 8142. (a) No funds appropriated under this Act may be obligated or expended for the purpose of establishing the Antler Military Operations Area, Pennsylvania, for the purpose of conducting aerial combat training operations until the date of the submittal to congressional defense committees of the report referred to in subsection (b).

    (b)(1)(A) The Secretary of Defense, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the Federal Aviation Administration, shall submit to the congressional defense committees a report on the effect of low-level aircraft training operations of the Department of Defense on the proposed Antler Military Operations Area, Pennsylvania.

    (B) The Secretary shall submit the report not later than 6 months after the date of the enactment of this Act.

    (2) The report under this subsection shall include the following:

      (A) An assessment of the effect of the training operations referred to in paragraph (1) on--

        (i) the environment of the areas of, and in the vicinity of, the proposed Antler Military Operations Area, including a detailed assessment of the effects of the noise generated by such operations on the environment of such areas;

        (ii) the economy of such areas; and

        (iii) the health and safety of persons living in and around such areas.

      (B) A description of the number of aircraft flights per month that the Secretary anticipates will occur in the proposed Antler Military Operations Area.

      (C) A description of the number and duration of such flights per month that the Secretary anticipates will occur at or below a level that is 500 feet above the highest ground level of the proposed Antler Military Operations Area.

    (c) In this section, the term ‘congressional defense committees’ means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives.

    ( 205 ) Sec. 8143. Notwithstanding any other provision of law, within 30 days from the enactment of this Act, the Department of the Navy shall select and take possession of either LCU-1540 or LCU-1549 from the General Services Administration: Provided, That the Navy shall modify or have modified the selected vessel utilizing commercial standards that meet United States Coast Guard certification requirements as safe to operate in open ocean as a cargo vessel: Provided further, That upon completion of all modifications and certification by the United States Coast Guard, the Navy shall immediately transfer title of the vessel, at no cost, to the government of American Samoa: Provided further, That of the funds appropriated in this Act in title II, Operation and Maintenance, Navy, $1,500,000 shall be available for this purpose: Provided further, That notwithstanding any other provision of law, funds available to the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to American Samoa.

    ( 206 ) Sec. 8144. Notwithstanding any other provision of this or any other Act, the total amount obligated or expended for procurement of the SSN-21 and SSN-22 Seawolf attack submarines may not exceed $4,673,371,000.

    ( 207 ) Sec. 8145. (a)(1) The Comptroller General shall carry out a study of the cost-effectiveness to the Navy of the utilization of nuclear-powered aircraft carriers and nuclear-powered submarines.

    (2) The study shall include--

      (A) a comparison of the life-cycle cost of nuclear-powered aircraft carriers and nuclear-powered submarines with the life-cycle cost of conventionally-powered aircraft carriers and conventionally-powered submarines, as the case may be;

      (B) a comparison of the cost of procuring nuclear-powered aircraft carriers with the cost of carrying out the service-life extension or complex overhaul of existing conventionally-powered aircraft carriers;

      (C) a comparison of the projected cost to the Navy of operating a fleet of aircraft carriers utilizing homeports located at foreign overseas installations with the projected cost of operating such a fleet utilizing both foreign overseas homeports and homeports located in the United States;

      (D) an assessment of the effect on the projected costs referred to in subparagraph (C) of--

        (i) the plan, if any, of the Navy for the location of a homeport for a nuclear-powered aircraft carrier in the Western Pacific region in the event of the retirement of all conventionally-powered aircraft carriers in the fleet; and

        (ii) restrictions imposed by foreign nations on utilizing installations located in such nations as homeports for nuclear-powered aircraft carriers, and on the operation of such carriers in the waters of such nations;

      (E) an assessment of the number of aircraft carriers required by the Navy in order to meet operational requirements for a continuous presence of aircraft carriers in three overseas regions simultaneously in the event that foreign nations prohibit the utilization of locations in such nations as homeports for nuclear-powered aircraft carriers;

      (F) an assessment of the refueling (including any complex overhaul of the fueling system and nuclear propulsion system) required for the nuclear-powered aircraft carriers of the fleet through 2010, including--

        (i) a schedule for such refueling;

        (ii) the cost of such refueling; and

        (iii) the cost of disposing of the waste generated by such refueling;

      (G) a detailed description of all programs of the Department of Defense and of the Department of Energy relating to nuclear propulsion systems for naval ships (including surface ships and submarines) that utilize such systems; and

      (H) a detailed estimate of the costs associated with processing or otherwise disposing of nuclear fuel and other nuclear material (including nuclear waste) from the existing nuclear-powered fleet of ships (including surface ships and submarines) of the Navy.

    (3) In determining the life-cycle costs associated with nuclear-powered aircraft carriers and nuclear-powered submarines for the purposes of the study under this subsection, the Comptroller General shall take into account the cost of processing or otherwise disposing of nuclear fuel and other nuclear material (including nuclear waste) removed from such aircraft carriers and submarines.

    (b) The Comptroller General shall submit to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives a report on a study carried out under subsection (a) not later than 6 months after the date of the enactment of this Act.

    ( 208 ) Sec. 8146. (a) It is the sense of Congress that--

      (1) the Secretary of Defense should not prohibit any military installation described in subsection (b) from bidding on or performing Department of Defense contracts for overhaul services or for depot-level maintenance of material for the Armed Forces that are awarded using competitive procedures;

      (2) performance of such a contract by such a military installation should not affect the schedule for closure of the installation;

      (3) such a contract should not be entered into for the performance of work at such an installation if the time necessary for performance of the contract extends beyond the date established for closure of the installation or if the performance of the contract at the installation would otherwise affect the schedule for closure of the installation; and

      (4) such a contract awarded to a military installation should be terminated for default if the contract is not completed on or before the completion date provided in the contract.

    (b) A military installation referred to in subsection (a) is a military installation that (1) has been approved for closure subject to the provisions of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510), (2) is in the process of implementing a conversion or reuse strategy for the installation to take effect upon closure, and (3) has received some funds from the Department of Defense for the purpose of implementing the conversion or reuse strategy.

    ( 209 ) SEC. 8147. It is the sense of the Congress that operators of industrial facilities at military installations closed after the date of the enactment of this Act should be permitted to qualify as offerors for (1) proposed Department of Defense contracts for overhaul services for the Armed Forces, and (2) proposed Department of Defense contracts for depot-level maintenance of material for the Armed Forces.

    ( 210 ) SEC. 8148. (a) Notwithstanding any other provision of law, none of the funds appropriated by this Act or any other Act, or otherwise made available, to the Department of Defense may be obligated to carry out a test program for determining the cost effectiveness of transferring to the private sector the mission of operating one or more preparatory schools for the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.

    ( 211 ) SEC. 8149. It is the sense of the Senate that the Government of the United States and the Government of Saudi Arabia should work diligently and without delay to resolve satisfactorily the outstanding commercial disputes identified in the Department of Commerce letter; date May 27, 1992: Provided, That not later than February 1, 1994, the Secretary of Defense, after consultation with the Secretary of State and the Secretary of Commerce, shall submit a report to the Congress on the status of the process for the resolution of commercial disputes in Saudi Arabia and the prognosis for any of the disputes which remain unresolved.

    ( 212 ) SEC. 8150. It is the sense of the Senate that--

      (a) the Secretary of the Air Force consider the comments of the appropriate representatives of the Duck Valley Reservation of the Shoshone-Paiute Tribes in making decisions on use of airspace above such reservation,

      (b) the interests of the Duck Valley Reservation of the Shoshone-Paiute Tribes receive the appropriate consideration under any pending or future National Environmental Policy Act process involving airspace over Duck Valley Reservation, and

      (c) to the extent practicable, airspace used for military training flights below 15,000 feet above ground level over the Duck Valley Reservation shall be over uninhabited areas of the Reservation.

    ( 213 ) SEC. 8151. Notwithstanding any other provision of law (including any regulation), with respect to the public sponsor of a primary levee located in the area that was affected by major, widespread flooding in the Midwest during 1993 and that was designed for a 5-year flood or a higher level flood, the eligibility of the public sponsor of the levee to receive assistance through the levee rehabilitation assistance program of the Army Corps of Engineers shall not be affected by the status of participation (or lack of participation) of the public sponsor in the program. A public sponsor of a levee who becomes eligible to receive assistance under the program pursuant to the preceding sentence may, not later than September 30, 1994, submit an application to participate in the program.

    ( 214 ) SEC. 8152. (a) It is the sense of the Congress that, for purposes of section 112 of the Internal Revenue Code of 1986, the President should declare that service in Somalia during the period described in subsection (b) should be treated as service in a combat zone.

    (b) The period referred to in subsection (a) is the period beginning on December 10, 1992, and ending on the date on which withdrawal from Somalia of all forces of the Armed Forces of the United States in Somalia has been completed, as declared in a proclamation issued by the President.

    ( 215 ) SEC. 8153. CONGRESSIONAL HEARINGS ON THE COMMITMENT OF UNITED STATES TROOPS IN SOMALIA AND HAITI- (A) FINDINGS-

      (1) Public hearings are essential in ensuring broadbased understanding of and support for United States policies;

      (2) Since United States troops were committed in Somalia, the original humanitarian mission has been significantly expanded to include nation-building, as evidenced in United Nations Security Council Resolution 814;

      (3) Since the commitment of United States troops in Somalia, the Senate of the United States has received only update briefings or has held closed hearings on United States actions there and has held only one public hearing;

      (4) To date, thirty United States troops have lost their lives since United States troops were committed in Somalia;

      (5) Since the most recent disaster where eighteen Americans lost their lives, seventy-six were wounded and one was captured, the President has announced his intention to commit several thousand additional United States troops;

      (6) Six American warships sit off the coast of Haiti and six hundred Americans wait to be deployed as part of a United Nations peacekeeping force.

    (b) SENSE OF SENATE- It is the sense of the Senate that--

      (1) the appropriate committees of the Senate should hold public hearings at the earliest practicable date with the Secretaries of State and Defense as witnesses on the commitment of United States troops in Somalia and Haiti as members of the United Nations peacekeeping force; and

      (2) the appropriate committees should promptly hold investigative, public hearings on the October 3, 1993 incident in Mogadishu, Somalia in which seventeen American soldiers were killed and at least seventy-six were wounded as part of the United Nations peacekeeping operation.

    ( 216 ) SEC. 8154. Notwithstanding any other provision of law, the Secretary of the Navy shall obligate the funds appropriated for fiscal years 1992 and 1993 for the USH-42 Mission Recorder program within the A-6 aircraft program: Provided, That the Secretary of the Navy verifies that a mission recorder is required in the future for Navy attack aircraft for peacetime training and bomb damage assessment in combat: Provided further, That the Secretary shall make this verification within sixty days of this Act becoming law: Provided further, That the Secretary shall obligate such funds within sixty days of this verification that a mission recorder is required in Navy attack aircraft for peacetime training and bomb damage assessment in combat.

    ( 217 ) SEC. 8155. The Secretary of Defense shall submit to Congress an annual report containing information on the cost to the United States of transporting supplies for the Army, Navy, Air Force, or Marine Corps by sea on United States-flag commercial vessels pursuant to the cargo preference laws of the United States, including the amount of the cost savings that could have been realized if such supplies had been transported at competitive international shipping rates available from non-cargo preference vessels, the subsidization of foreign-flag vessels, and the impact on the viability of the United States merchant marine if the cargo preference requirements were ended. The annual report shall cover a cargo preference year which shall be a 12-month period defined by the Secretary.

    ( 218 ) SEC. 8156. None of the funds appropriated for the Department of Defense for fiscal year 1994 by this Act may be used for making any progress payment under the C-17 aircraft program that is not consistent with the requirements of section 2307(d)(1) of title 10, United States Code.

    ( 219 ) SEC. 8157. No provision of this Act or any other Act concerning Department of Defense programs, projects, or activities involving community adjustment assistance, research or development at colleges or universities, strategic environmental research, or environmental restoration may be construed as requiring a contract to be awarded, or as requiring a grant to be made, to a specific non-Federal Government entity for a new program, project, or activity.

    ( 220 ) SEC. 8158. (a) Is is the sense of Congress that none of the funds appropriated or otherwise made available by this Act should be available for the purposes of deploying United States Armed Forces to participate in the implementation of a peace settlement in Bosnia-Herzegovina, unless previously authorized by the Congress.

    (b) It is the sense of Congress that the limitation set forth in subsection (a) should not preclude missions and operations initiated on or before October 20, 1993, including the provision of any humanitarian assistance by the Department of Defense.

    ( 221 ) SEC. 8159. SENSE OF CONGRESS ON THE USE OF FUNDS FOR UNITED STATES MILITARY OPERATIONS IN HAITI- (A) Statement of Policy.--It is the sense of the Congress that--

      (1) all parties should honor their obligations under the Governors Island Accord of July 3, 1993 and the New York Pact of July 16, 1993;

      (2) the United States has a national interest in preventing uncontrolled emigration from Haiti; and

      (3) the United States should remain engaged in Haiti to support national reconciliation and further its interest in preventing uncontrolled emigration.

    (b) LIMITATION- It is the sense of Congress that funds appropriated by this Act should not be obligated or expended for United States military operations in Haiti unless--

      (1) authorized in advance by the Congress; or

      (2) the temporary deployment of United States Armed Forces into Haiti is necessary in order to protect or evacuate United States citizens from a situation of imminent danger and the President reports as soon as practicable to Congress after the initiation of the temporary deployment, but in no case later than forty eight hours after the initiation of the temporary deployment; or

      (3) the deployment of United States Armed Forces into Haiti is vital to the national security interests of the United States, including but not limited to the protection of American citizens in Haiti, there is not sufficient time to seek and receive Congressional authorization, and the President reports as soon as practicable to Congress after the initiation of the deployment, but in no case later than forty eight hours after the initiation of the deployment; or

      (4) the President transmits to the Congress a written report pursuant to subsection (c).

    (c) REPORT- It is the sense of Congress that the limitation in subsection (b) should not apply if the President reports in advance to Congress that the intended deployment of United States Armed Forces into Haiti--

      (1) is justified by United States national security interests;

      (2) will be undertaken only after necessary steps have been taken to ensure the safety and security of United States Armed Forces, including steps to ensure that United States Armed Forces will not become targets due to the nature of their rules of engagement;

      (3) will be undertaken only after an assessment that--

        (A) the proposed mission and objectives are most appropriate for the United States Armed Forces rather than civilian personnel or armed forces from other nations, and

        (B) that the United States Armed Forces proposed for deployment are necessary and sufficient to accomplish the objectives of the proposed mission;

      (4) will be undertaken only after clear objectives for the deployment are established;

      (5) will be undertaken only after an exit strategy for ending the deployment has been identified; and

      (6) will be undertaken only after the financial costs of the deployment are estimated.

    (d) DEFINITION- As used in this section, the term ‘United States military operations in Haiti’ means the continued deployment, introduction or reintroduction of United States Armed Forces into the land territory of Haiti, irrespective of whether those Armed Forces are under United States or United Nations command, but does not include activities for the collection of foreign intelligence, activities directly related to the operations of United States diplomatic or other United States Government facilities, or operations to counter emigration from Haiti.

    ( 222 ) Sec. 8160. Of the funds appropriated for title III of this Act, $50,000,000 shall be made available for obligation until September 30, 1996 for the Department of Defense Pilot Mentor-Protege Program, pursuant to section 831 of the National Defense Authorization Act for fiscal year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as amended: Provided, That funds made available may be used by a military service or a Defense agency to reimburse costs incurred by a contractor (or subcontractor) under an approved contract line item for the provision of mentoring assistance pursuant to an approved Mentor-Protege Program developmental assistance agreement.

    ( 223 ) Sec. 8161. It is the sense of the Congress that the United States Department of Justice should investigate whether any Federal criminal civil rights laws were violated as a result of (1) the murder of Yankel Rosenbaum on August 19, 1991, and (2) the circumstances surrounding the murder and accompanying riots in Crown Heights.

( 224 ) TITLE IX

    SEC. 9001. Congress makes the following findings:

      (1) The Armed Forces of the United States have conducted combat operations under the operational control of foreign commanders on numerous occasions, including during two World Wars.

      (2) Regional security organizations, such as the North Atlantic Treaty Organization, are premised on military operations by the forces of a number of nations under an integrated chain of command consisting of officers from member nations.

      (3) The end of the Cold War has seen a substantial increase in the conduct of international ‘peacekeeping’ and ‘peace enforcement’ operations pursuant to decisions of the United Nations Security Council under Chapters VI and VII of the United Nations Charter.

      (4) The United Nations has conducted traditional ‘peacekeeping’ operations successfully over the years, but the number and size of such operations has stretched the Organization’s management and oversight capabilities thin.

      (5) The United Nations has not yet acquired the expertise or infrastructure to enable it to effectively manage ‘peace enforcement’ operations.

      (6) Any special agreement negotiated by the President with the United Nations Security Council to make units of the United States Armed Forces available on call to the United Nations must be approved by the Congress pursuant to the United Nations Participation Act, enacted into law in 1945.

      (7) Any decision by the President to place combat forces of the Armed Forces of the United States under the operational control of foreign commanders, other than pursuant to the North Atlantic Treaty and other arrangements in effect at the time of the enactment of this Act, has significant consequences for such forces, the Congress, and the American people.

    SEC. 9002. It is the sense of the Congress that--

      (1) the Armed Forces of the United States must be under the operational control of qualified commanders; and must have clear and effective command and control arrangements; appropriate rules of engagement; and clear and unambiguous mission statements;

      (2) the President should consult with Congress before placing combat forces of the Armed Forces of the United States under the operational control of foreign commanders, other than pursuant to the North Atlantic Treaty and other arrangements in effect at the time of the enactment of this Act; and

      (3) the President should submit a report to Congress within 48 hours after placing combat forces of the Armed Forces of the United States under the operational control of foreign commanders, other than pursuant to the North Atlantic Treaty and other arrangements in effect at the time of the enactment of this Act, setting forth--

        (A) the mission of such forces and a clear explanation of the difference, if any, between the mission of such forces and the mission of the forces of other nations participating in the same military operations;

        (B) in a case in which the operation is conducted under the auspices of the United Nations, an assessment of the United Nations capability to effectively manage the operation;

        (C) an explanation of the United States interest that would be served by and the justification for placing such forces under the operational control of a foreign commander in this instance;

        (D) the command and control arrangements for the operation of which the forces of the Armed Forces of the United States are a part;

        (E) the number, type and general description of equipment of such forces;

        (F) the estimated cost to the United States of the participation of such forces;

        (G) the anticipated duration of the participation of such forces;

        (H) a general description of the rules of engagement for such forces; and

        (I) the foreign commander or commanders involved.

( 225 ) TITLE X

SEC. 10001. CONVEYANCE OF KAHO’OLAWE ISLAND, HAWAII, TO THE STATE OF HAWAII.

    (a) PURPOSE- It is timely and in the interest of the United States to recognize and fulfill the commitments made on behalf of the United States to the people of Hawaii and to return to the State of Hawaii the Island of Kaho’olawe. Kaho’olawe Island is among Hawaii’s historic lands and has a long, documented history of cultural and natural significance to the people of Hawaii reflected, in part, in the Island’s inclusion on the National Register of Historic Places and in the longstanding interest in the return of the Island to State sovereignty, public access and use. Congress finds that control, disposition, use and management of Kaho’olawe is affected with a Federal interest. It also is in the national interest and an obligation undertaken by Congress and the United States under this and other Acts, and in furtherance of the purposes of Executive Order 10436 (1953), to recognize the cultural and humanitarian value of assuring meaningful, safe use of the Island for appropriate cultural, historical, archaeological and educational purposes as determined by the State of Hawaii and to provide for the clearance or removal of unexploded ordnance and for the environmental restoration of the Island for such purposes. Congress also finds it is in the national interest and an essential element in the Federal Government’s relationship with the State of Hawaii to ensure that the conveyance, clearance or removal of unexploded ordnance, environmental restoration, control of access to the Island and future use of the Island be undertaken in a manner consistent with the enhancement of that relationship, the Department of Defense’s military mission and the Federal interest.

    (b) MODEL DEMONSTRATION PROJECT- It is in the national interest that the clearance or removal of unexploded ordnance and the environmental restoration of Kaho’olawe serve as a model demonstration project that incorporates the use of innovative technologies and a remedy selection process that will expedite and economize such clearance or removal and environmental restoration while maintaining meaningful participation by affected parties and assuring the protection of human health and the environment.

    (c) CONVEYANCE- Subject to section 10001(d) and section 10008(b) of this Act, the United States, through the Secretary of the Navy (also, hereinafter, ‘the Secretary’), shall convey and return, without consideration and without conditions other than those set forth in this title, to the State of Hawaii all right, title and interest of the United States, except that interest set forth in section 10002(a)(4) and section 10004 of this Act, in and to that parcel of property consisting of approximately 28,776 acres of land known as Kaho’olawe Island, Hawaii and its surrounding waters. Such conveyance of title shall occur no later than 180 days from the date of enactment of this Act and the appropriation of funds for such purposes described in this title.

    (d) DESCRIPTION OF PROPERTY- The exact acreage and legal description of the parcel of property to be conveyed under section 10001(c) shall be determined by a survey that is deemed satisfactory by the State of Hawaii in consultation with the Secretary. The cost of the survey shall be borne by the Secretary, making use of funds provided pursuant to this title.

SEC. 10002. ORDNANCE CLEARANCE OR REMOVAL ON KAHO’OLAWE ISLAND, HAWAII.

    (a) ORDNANCE CLEARANCE OR REMOVAL- (1) Subject to section 10008(b) of this Act, the Secretary of the Navy shall, in compliance with the two-tiered standard of ordnance clearance, removal, restoration and safety contained in subsection (a)(2) of this section--

      (A) detect and clear or remove from Kaho’olawe Island and its adjacent waters, all unexploded ordnance, the remains of exploded ordnance, and solid waste associated with such ordnance or with the use of Kaho’olawe Island by the United States for bombing training, gunnery training, or other munitions training.

    (2) Kaho’olawe Island shall be restored for use in accordance with the following requirements:

      (A) TIER ONE RESTORATION AREA- The entire Island shall, in a manner consistent with the purposes of this title and with the protection of surface and below surface historical and cultural sites and artifacts, be restored to a condition that is reasonably safe for human access and visitation and in accordance with standard methodologies for such restoration as determined by the Secretary in accordance with the purposes of this title. Subsequent to the transfer to the State of Hawaii of responsibility for the control of access, as provided in section 10006 of this Act, the Navy shall continue to undertake, upon the reasonable request of the State, and at regular intervals, reasonable and prudent clean-up measures using standard methodologies. Within such Tier One Restoration Area, and in accordance with sections 10005 and 10006 of this Act, approximately 22,600 acres of the approximately 28,776 acres on the Island and submerged land in the surrounding waters to a depth of 120 feet shall be subjected to surface clearance only.

      (B) TIER TWO RESTORATION ENCLAVES- Enclaves within the Island, as identified in clauses (i), (ii), (iii) and (iv) below and not exceeding approximately 6,200 acres, shall be restored to a condition that is reasonably safe for the human habitation necessary to accomplish the cultural, historical, archaeological and educational purposes of this title, to assure the uses set forth in clauses (i), (ii), (iii) and (iv) below and in accordance with the best available technology and methodology for such restoration:

        (i)(a) not more than approximately 4,700 acres for the purpose of grasslands and related uses; and (b) those locations, including trails, roads and historical, cultural and archaeological enclaves identified by the State under section 10002(C), that shall not exceed an additional 1,400 acres;

        (ii) no more than three specially designated navigational channels to the Island suitable for visitation, including the adjacent shoreline area;

        (iii)(a) not more than approximately 10 acres for reasonably safe, human habitation sites, as defined in subparagraph (B) of this section, that shall include but not be limited to the sites designated as Hanakanaia to Lae Paki, Kuheia/Kaulana, Ahupu, Hakioawa, Pu’u Moaulanui, Seagull Station, Kamohio Station, Halona Station, Honokoa, and Kanapou; and (b) approximately 47 acres of reservoirs designated as Lua Kealialalo, Lua Kealialuna and Lua Makika; and

        (iv) approximately 5 acres on not more than three locations to be used as heliports.

      (C) DESCRIPTION OF TIER TWO RESTORATION ENCLAVES- The precise description for the Tier Two Restoration Enclaves, prepared through standard methodologies, shall be submitted to the Navy by the State of Hawaii within 180 days of the enactment of this Act. Any reasonable enlargement to the size or modification to the location of the Tier Two Restoration Enclaves shall be agreed to by the Secretary of the Navy. Such reasonable enlargement or modification shall be determined and undertaken within the time period identified in section 10002(a)(3). The cost of such enlargement or modification shall be borne by the Secretary, making use only of funds provided pursuant to this title.

    (3) The Secretary shall commence the activities described in sections 10002(a) (1) and (2) as soon as possible but not later than 180 days after the enactment of this Act and continue such activities in accordance with reasonable expedition until completed. Such activities required in section 10002 shall be completed within 10 years of the enactment of this Act and the appropriation of funds for such activities.

    (4) Notwithstanding any other provision of section 10002, the Secretary shall retain the control of access to the Island, in consultation with the State of Hawaii and prior to and following the entering into force of the Memorandum of Understanding contained in section 10006 of this Act, until clearance and restoration is completed and control of access is transferred to the State of Hawaii.

    (5) The Secretary shall carry out the requirements of section 10002 following consultation with the State of Hawaii as required by section 10006 of this Act and with the technical and logistical support, as needed, of the United States Army Corps of Engineers and other Federal agencies.

    (6) No Federal permit shall be required by the United States, its departments, agencies or instrumentalities for any portion of the removal, restoration and clean-up work pursuant to the Act and conducted entirely on Kaho’olawe Island or in its adjacent waters.

    (7) Except as provided in section 10004 regarding liability and in section 10003 regarding the completion of activities and in section 10002(a)(2)(A) regarding regular interval clean-ups and new discoveries of previously undetected ordnance, the Secretary’s obligations and responsibilities under this title shall terminate 10 years after the enactment of this Act.

SEC. 10003. ENVIRONMENTAL REMEDIATION OF KAHO’OLAWE ISLAND, HAWAII AND ADJACENT WATERS.

    (a) ASSESSMENT OF ADDITIONAL ENVIRONMENTAL CLEAN-UP FOR HAZARDOUS AND OTHER SUBSTANCES- (1)(A) Not later than 365 days after the date of the enactment of this Act, the Secretary of the Navy shall complete, in cooperation with the State of Hawaii, such studies and appraisals as are necessary to identify the type, quantity, and estimated costs of response, remediation and removal of the hazardous substances other than exploded and unexploded ordnance and other substances, refuse and waste, if any, that are located--

      (i) on Kaho’olawe Island; and

      (ii) in the waters adjacent to Kaho’olawe Island.

    (B) The cost of the studies and appraisals referred to in section 10003(a)(1)(A) shall be borne by the Secretary, making use of funds provided pursuant to this title.

    (b) REMEDIATION OF HAZARDOUS AND ENVIRONMENTAL SUBSTANCES- (1)(A) In furtherance of the purposes of this title and in recognition of the clearance, removal and environmental remediation obligations imposed by this title, and that the aforementioned activities are considered a model demonstration project, Kaho’olawe Island is exempt from placement on the National Priorities List. Notwithstanding that conveyance of title to Kaho’olawe Island to the State of Hawaii shall precede clearance or removal and environmental remediation, upon the completion of the studies and appraisals referred to in section 10003(a)(1)(A), the Navy shall carry out remediation, clean-up and responses to the hazardous substances and other substances, refuse and waste located on Kaho’olawe Island and in the waters adjacent to Kaho’olawe Island (as identified in such studies and appraisals) that are necessary to protect human health and the environment. The remedies for such clean-up, remediation and responses shall be selected by the Secretary in consultation with the State and in accordance with the purposes of this title and shall be commenced and completed within the time period identified in section 10002(a)(3) of this Act for the removal of ordnance. The cost of such clean-up, remediation and responses shall be borne by the Secretary, making use of funds provided pursuant to this title.

    (2) In this title, the terms ‘response’, ‘removal’, ‘remediation’ and ‘hazardous substance’ have the meanings given such terms in 42 U.S.C. 9601 (14), (23), (24) and (25).

    (c) RESPONSIBILITY AND LIABILITY TO CONDUCT RESPONSE, CLEAN-UP AND REMEDIATION ACTIVITIES- (1) Notwithstanding the duties and obligations set forth in this title and notwithstanding the conveyance required under section 10001, the State of Hawaii shall not be liable and responsible for the conduct of any clean-up and response actions arising from and relating to the use and environmental remediation of Kaho’olawe Island and its adjacent waters by the United States that, through Federal court order, may be held applicable to Kaho’olawe Island.

SEC. 10004. INDEMNIFICATION AND THE CONTROL OF ACCESS.

    (a) The Navy shall retain control of the access to the Island during the time period set forth in section 10002(a)(3) that it is undertaking unexploded ordnance removal and hazardous materials removal activities required in section 10002 of this Act.

    (b) During the time period the United States retains control of access to the Island, the United States shall hold harmless, defend and indemnify the State of Hawaii or its political subdivisions from and against all claims, demands, losses, damages, liens, liabilities, injuries, deaths, penalties, fines, lawsuits and other proceedings, judgments, awards and reasonable costs and expenses arising out of, or in any manner predicated upon, the presence, release or threatened release of any munitions, exploded or unexploded ordnance, solid waste associated with such ordnance or hazardous substance, pollutant or contaminant resulting from the activities of the Department of Defense, including the activities of the Department of the Navy and the Department of the Army and any agent, employee, lessee, licensee, independent contractor or other person on the property during such time that the property was and remains under the control of the Department of Defense, Navy, Army or other agencies of the United States Government.

    (c) Nothing in this title is intended to alter or affect the Federal or State requirements of law governing liability following the transfer of control of access to the State of Hawaii, except that the United States shall remain liable for the acts or omissions of its contractors in carrying out the activities required under this title in the same manner as if the United States engaged in the performance of the tasks delegated to its contractors.

SEC. 10005. LONG TERM PLANNING AND ENVIRONMENTAL RESTORATION ACTIVITIES OF THE STATE OF HAWAII.

    (a)(1) Subject to section 10008(b) of this Act, the Secretary is authorized to provide $45,000,000 to the State of Hawaii for the purpose of implementation by the State of (i) long term planning (ii) environmental restoration activities and (iii) the terms and conditions set forth in the Memorandum of Understanding required by section 10006 of this Act, concerning Kaho’olawe Island and its adjacent waters. Such funds as are provided by the Secretary for the purpose of carrying out this section shall be made available to the State by the Secretary from funds made available pursuant to this title and shall be provided to the State of Hawaii following the submission of a plan containing the elements identified in subsection (a)(2) of this section.

    (2) The State of Hawaii shall use the funds made available pursuant to this section for the purposes of carrying out long term planning and environmental restoration activities, consistent with the purposes of this title, on Kaho’olawe Island, including--

      (A) soil conservation and water resource development;

      (B) erosion abatement (including reforestation and revegetation);

      (C) stabilization, restoration and securing sites of archaeological or historical significance;

      (D) removal or destruction of non-native plants and animals; and

      (E) precise identification of those areas subject to clean-up and removal of ordnance described in section 10002 of this Act.

    (3) Funds in addition to those provided pursuant to subsection (a)(1) of this section may be provided to the State of Hawaii upon the submission of an acceptable plan containing the elements identified in subsection (a)(2) of this section and demonstrating, to the satisfaction of the Secretary, that such funds are necessary to the proper fulfillment of such elements and the purposes of this title. The Secretary shall have sole discretion to award such additional funds, however, the award of such funds shall not be unreasonably withheld.

SEC. 10006. COOPERATION OF FEDERAL DEPARTMENTS AND THE STATE OF HAWAII AND TRANSFER OF CONTROL OF ACCESS.

    (a)(1) Upon the request of the Secretary or the State of Hawaii, and in accordance with existing laws and requirements, any department or agency of the Federal Government may provide assistance to the Secretary or the State of Hawaii, as the case may be, in carrying out their respective duties under this title.

    (2) Within 180 days following passage of this Act the Secretary shall consult with and enter into a Memorandum of Understanding with the State of Hawaii governing the terms and conditions of (i) access to the Island for those purposes set forth in section 10005 of this Act and any other cultural, archeological, educational and planning purposes provided for in this title, giving due regard to the risk of harm to health and safety involved in providing such access and the need to avoid interference with or disruption of the Navy’s clearance, removal and remediation activities; (ii) the timing, planning and methodology of ordnance clearance or removal and hazardous substance clearance and other waste removal and the protection of historical, cultural and religious sites and artifacts: Provided, That all reasonable effort should be made to avoid harm to such sites and artifacts from the detonation of unexploded ordnance, clearance or removal and hazardous substance clearance; (iii) a model clean-up program emphasizing the use of innovative technology, integrative planning and expeditious implementation of remediation; (iv) the means for protecting historical, cultural and religious sites and artifacts from intentional destruction, harm and vandalism; and (v) public participation, as appropriate, including the opportunity for public comment and hearing. Under any such terms and conditions, the Secretary shall be assured full and necessary access to carry out the obligations of the Secretary arising out of the responsibilities and liabilities of this title. Such terms and conditions shall remain in existence until the completion of the restoration and remediation activities required by section 10002 of this Act and be revised periodically by mutual consent and giving due regard to the importance of access to the Island as the level of clean-up, restoration and remediation moves toward attainment. Nothing in this title is intended to diminish or alter the rights and responsibilities of the Navy to allow access to the Island that existed prior to the enactment of this Act.

    (3) The United States, through the Secretary of the Navy, shall transfer the control of access to the State of Hawaii within no more than 10 years from the date of enactment of this Act or when the activities required by this title, including ordnance clearance or removal activities in section 10002 and the environmental remediation activities in section 10003 are completed, whichever comes first.

SEC. 10007. KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND ENVIRONMENTAL RESTORATION TRUST FUND.

    (a) There is established on the books of the Treasury of the United States a fund to be known as the ‘Kaho’olawe Island Conveyance, Remediation, and Environmental Restoration Fund’ (hereinafter in this subsection referred to as the ‘Fund’). The Fund shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to pay the obligations incurred by the Secretary of the Navy or the Department of Defense in carrying out the purposes of this title and for properly allocable costs of the Federal Government in the administration of the Fund.

    (b) There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:

      (1) Amounts paid into the Fund from any source.

      (2) Any amount appropriated to the Fund.

      (3) Any return on investment of the assets of the Fund.

    (c) To the extent provided in appropriation Acts, the assets of the Fund shall be available for obligation by the Secretary of the Navy to carry out the purposes of this title.

    (d) There is authorized to be appropriated into the Fund $400,000,000, which may be appropriated as a lump sum or in annual increments. Of the amounts deposited into the Fund, not less than eleven percent shall be made available to the State of Hawaii to carry out the provisions of section 10005(a)(1) of this Act.

    (e) Amounts appropriated to the Fund shall remain available until obligated or until the Fund is terminated.

    (f) Upon payment of all incremental costs associated with the purposes for which the Fund is established, the Fund shall be terminated.

SEC. 10008. APPLICABLE LAW AND JUDICIAL REVIEW.

    (a) Federal Courts shall have jurisdiction only to enforce the terms, conditions and provisions of this title, regarding the activities, duties, and responsibilities in this title occurring on the Island of Kaho’olawe and in its adjacent waters. Only such terms, conditions and provisions shall govern judicial review of the conduct of the United States, its departments, agencies and instrumentalities with regard to any actions arising from or related to the conveyance of Kaho’olawe Island to the State of Hawaii and the clearance or removal and remediation of unexploded and exploded ordnance and the remediation of hazardous substances and other wastes on the Island and its adjacent waters and for the other obligations, duties and purposes set forth in this title.

    (b) The provisions of this title shall be carried out notwithstanding any other provision of law.

    (c) Any person, as defined in 42 U.S.C. 9601(21), may bring an action against the United States, its departments, agencies and instrumentalities to require compliance with the terms of this title and the obligations of the United States, its departments, agencies and instrumentalities under the Memorandum of Understanding required by section 10006 of this Act. Such action shall be commenced no earlier than the 60th day following the date on which the plaintiff gives notice in writing to the Attorney General, the Secretary and other department, agency or instrumentality that the plaintiff will commence such action. Such action shall be brought in the district court for the district in which the alleged violation occurred. In any action under this section, the United States or the State, or both, if not a party may intervene as a matter of right. The United States, its departments, agencies and instrumentalities shall be subject to only such injunctive relief as may be imposed by the court to enforce compliance with the terms of this title and the Memorandum of Understanding. Such compliance shall be enforced giving due regard to the need for expeditious clean-up under the terms and conditions of this title.

SEC. 10009. ANNUAL REPORT TO CONGRESS.

    The Secretary shall submit annually a report, in detail, describing compliance with the provisions of this title. Such report shall include the comments of the State of Hawaii and be submitted to the Defense Committees of Congress.

    This Act may be cited as the ‘Department of Defense Appropriations Act, 1994’.

Passed the House of Representatives September 29, 1993.

Attest:

DONNALD K. ANDERSON,

Clerk.

Passed the Senate October 21 (legislative day, October 13), 1993.

Attest:

WALTER J. STEWART,

Secretary.

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