[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4650 Engrossed Amendment Senate (EAS)]
103d CONGRESS
2d Session
H. R. 4650
_______________________________________________________________________
AMENDMENTS
In the Senate of the United States,
August 11, 1994.
Resolved, That the bill from the House of Representatives (H.R.
4650) entitled ``An Act making appropriations for the Department of
Defense for the fiscal year ending September 30, 1995, and for other
purposes'', do pass with the following
AMENDMENTS:
(1)Page 2, line 15, strike out [$20,737,470,000.] and insert:
$20,629,770,000.
Section 1. Visas for Officials of Taiwan.--Section 4(b)(6) of the
Taiwan Relations Act (22 U.S.C. 3302(b)(6)) is amended--
(1) by inserting ``(A)'' immediately after ``(6)''; and
(2) by adding at the end the following:
``(B) Whenever the president of Taiwan or any other high-
level official of Taiwan shall apply for a temporary visa to
visit the United States for the purposes of:
``(i) Discussions with United States Federal or
State Government officials concerning trade or business
with Taiwan or the reduction of the United States-
Taiwan trade deficit;
``(ii) Discussions with United States Federal or
State Government officials concerning nuclear
proliferation;
``(iii) Discussions with United States Federal
officials concerning United States national security or
the national security of Taiwan; or
``(iv) Discussions with United States Federal or
State Government officials concerning the proviion of
humanitarian relief and assistance for regional
disasters;
The official shall be admitted to the United States, unless the
official is otherwise excludable under the immigration laws of
the United States.''.
SEC. 2. LIMITATION ON THE USE OF FUNDS FOR THE SANDINISTA POPULAR ARMY
AND SECURITY FORCES OF NICARAGUA.
None of the funds appropriated under this Act may be obligated or
expended for the armed forces or security forces of Nicaragua, and none
of the funds appropriated by this Act may be obligated or expended to
pay the salaries of United States military personnel to provide
assistance for the armed forces or security forces of Nicaragua, until
the President determines and certifies to the Congress that--
(1) Nicaraguan military officers implicated for committing
human rights violations, including those involved in the
murders of Enrique Bermudez, Arges Sequeira, and Jean Paul
Genie, have been removed or suspended from the military and
judicial proceedings have commenced;
(2) officers of the Nicaraguan armed forces or security
forces are not involved in the illicit trafficking of military
equipment, including those seized by Colombian authorities on
the San Andres Islands on July 24, 1994;
(3) civilian control over the military and security forces,
including control over the budget and expenditures of such
forces, has been clearly established; and
(4) there has been a full and independent investigation
conducted relating to issues raised by the May 23, 1993
discovery of the Santa Rosa arms cache of the existence of a
terrorist/kidnapping ring and any individuals identified by the
investigation as being part of such ring are being prosecuted.
(2)Page 3, line 3, strike out [$17,692,537,000] and insert:
$17,638,483,000
(3)Page 3, line 15, strike out [$5,816,671,000] and insert:
$5,806,471,000
(4)Page 4, line 3, strike out [$17,311,379,000] and insert:
$17,031,179,000
(5)Page 4, line 17, strike out [$2,183,620,000] and insert:
$2,178,620,000
(6)Page 5, line 5, strike out [$1,398,609,000] and insert:
$1,418,723,000
(7)Page 5, line 19, strike out [$354,048,000] and insert: $351,098,000
(8)Page 6, line 8, strike out [$782,434,000] and insert: $774,834,000
(9)Page 6, line 22, strike out [$3,378,705,000] and insert:
$3,371,605,000
(10)Page 7, line 10, strike out [$1,238,029,000] and insert:
$1,244,729,000
(11)Page 7, line 22, strike out [$17,836,504,000] and insert:
$17,475,806,000
(12)Page 7, line 22, strike out all after ``$17,836,504,000'' down to
and including ``1996'' in line 24
(13)Page 8, line 1, strike out all after ``Fund'' down to and
including ``law'' in line 9 and insert: : Provided, That of the funds
appropriated under this heading, not less than $5,000,000 shall be made
available only for payment to the DOD 50th Anniversary of World War II
Commemoration Appropriation
(14)Page 8, line 19, strike out [$21,316,555,000] and insert:
$21,275,770,000
(15)Page 8, line 19, strike out all after ``$21,316,555,000'' down to
and including ``1996'' in line 21
(16)Page 8, line 23, strike out all after ``Fund'' over to and
including ``law'' in line 2 on page 9 and insert: : Provided, That of
the funds appropriated under this heading, not less than $2,436,700,000
shall be made available for depot maintenance, repair and overhaul of
United States Navy ships prior to September 30, 1995
(17)Page 9, line 2, after ``law'' insert: : Provided further, That of
the funds appropriated under this heading, not less than $39,674,000
shall be made available only for the Pacific Missile Range Facility,
Hawaii
(18)Page 9, line 2, after ``law'' insert: : Provided further, That of
the funds appropriated under this heading, not less than $1,000,000
shall be made available only for environmental hazard response and
remediation activities at facilities owned by the Department of the
Navy at the Derecktor Shipyard, Newport, Rhode Island
(19)Page 9, line 6, strike out [$2,097,395,000] and insert:
$1,968,965,000
(20)Page 9, line 6, strike out all after ``$2,097,395,000'' down to
and including ``law'' in line 11
(21)Page 9, line 21, strike out [$18,913,050,000] and insert:
$18,786,243,000
(22)Page 9, line 21, strike out all after ``$18,913,050,000'' down to
and including ``1996'' in line 23
(23)Page 9, line 25, strike out all after ``Fund'' over to and
including ``law'' in line 2 on page 10
(24)Page 10, line 2, after ``law'' insert: : Provided, That, of the
amount appropriated under this paragraph, not less than $8,000,000
shall be available only for the upgrading of the Air Force's Core
Automated Maintenance System/Reliability and Maintainability
Information System (CAMS/REMIS)
(25)Page 10, after line 3 insert:
(including transfer of funds)
(26)Page 10, line 7, strike out [$8,945,266,000] and insert:
$9,986,654,000 and, in addition, $100,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction Fund
(27)Page 10, line 14, after ``purposes'' insert: : Provided, That of
the funds appropriated under this heading, $20,000,000 shall be made
available only for the repair and maintenance of federally owned
education facilities located on military installations
(28)Page 10, line 22, strike out [$1,240,109,000] and insert:
$1,253,709,000
(29)Page 10, line 22, after ``$1,240,109,000'' insert: : Provided
further, That the Undersecretary of Defense for Policy, shall, not
later than October 15, 1994, transmit, in unclassified and classified
forms, the Rand Corporation Study, published on or about December 1993,
on The United States Role in Possible Middle East Peace Settlements to
the congressional defense, intelligence and foreign affairs committees
(30)Page 11, line 5, strike out [$834,119,000] and insert:
$827,819,000
(31)Page 11, line 5, strike out all after ``$834,119,000'' down to and
including ``law'' in line 7
(32)Page 11, line 16, strike out [$83,542,000] and insert: $80,562,000
(33)Page 11, line 16, strike out all after ``$83,542,000'' down to and
including ``law'' in line 18
(34)Page 12, line 1, strike out [$1,486,805,000] and insert:
$1,455,872,000
(35)Page 12, line 1, strike out all after ``$1,486,805,000'' down to
and including ``law'' in line 4
(36)Page 12, line 21, strike out [$2,498,868,000] and insert:
$2,442,135,000
(37)Page 12, line 21, strike out all after ``$2,498,868,000'' over to
and including ``law'' in line 2 on page 13
(38)Page 13, line 22, strike out [$2,797,978,000] and insert:
$2,780,178,000
(39)Page 13, line 23, strike out [$1,500,000] and insert: $9,200,000
(40)Page 14, line 1, after ``Group'' insert: , the 146th Airlift Wing,
and the South Carolina Air National Guard 169th Fighter Group unit
(41)Page 14, line 1, strike out all after ``Group'' down to and
including ``law'' in line 3
(42)Page 15, line 5, strike out [$1,880,200,000] and insert:
$2,034,075,000
(43)Page 15, strike out all after line 21 over to and including line 9
on page 16 and insert:
Summer Olympics
For logistical support 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 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; $10,000,000.
1995 Special Olympics World Games
For logistical support 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 1995
Special Olympics World Games to be held in New Haven, Connecticut)
provided by any component of the Department of Defense to the 1995
Special Olympics World Games; $3,000,000.
(44)Page 16, line 17, strike out [$60,000,000] and insert: $71,900,000
(45)Page 16, line 18, strike out [$12,000,000] and insert: $10,000,000
(46)Page 16, after line 20 insert:
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: 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 and North Pacific regions.
(47)Page 16, after line 20 insert:
Real Property Maintenance, Defense
(including transfer of funds)
For the maintenance of real property of the Department of Defense,
in addition to amounts provided for this purpose under other headings
of this title of this Act, $500,000,000 to remain available for
obligation until July 1, 1995: Provided, That such funds shall be
available only for repairing property which has been defined by the
Department of Defense as part of a backlog of maintenance and repair
projects in the justification material accompanying the President's
budget request for fiscal year 1995: Provided further, That such funds
shall be allocated by the Comptroller, Department of Defense for the
projects determined by the military components as the highest priority
for repair.
(48)Page 17, line 11, strike out [$1,264,198,000] and insert:
$1,062,581,000
(49)Page 17, line 12, after ``1997'' insert: : Provided, That the
Secretary of the Army will report to the House and Senate Committees on
Appropriations the doctrine, organization and mission statement for the
High Capacity Air Ambulance concept not later than May 15, 1995
(50)Page 18, line 1, strike out [$728,095,000] and insert:
$707,895,000
(51)Page 18, line 2, strike out all after ``1997'' down to and
including ``law'' in line 4
(52)Page 18, line 19, strike out [$1,001,873,000] and insert:
$1,129,514,000
(53)Page 18, line 20, strike out all after ``1997'' down to and
including ``law'' in line 22
(54)Page 19, line 11, strike out [$1,274,644,000] and insert:
$877,761,000
(55)Page 19, line 17, strike out all after ``gram'' down to and
including ``law'' in line 19
(56)Page 19, line 19, after ``law'' insert: : Provided further, That
notwithstanding any other provision of law, of the amounts appropriated
for the ARMS program in ``Procurement of Ammunition, Army, 1993/1995'',
up to $2,500,000 shall be made available to the William Langer Plant
for capital investment, operations, and such other expenditures as may
be necessary to maintain the Plant as a going concern while it is being
excessed under the provisions of the Federal Property and
Administrative Services Act
(57)Page 20, line 9, strike out [$2,348,806,000] and insert:
$2,646,048,000
(58)Page 20, line 22, strike out [$4,820,442,000] and insert:
$4,531,789,000
(59)Page 20, line 23, strike out all after ``1997'' down to and
including ``law'' in line 25
(60)Page 21, line 12, strike out [$1,969,336,000] and insert:
$1,858,200,000
(61)Page 21, line 13, strike out all after ``1997'' down to and
including ``law'' in line 15 and insert: : Provided, That, in addition
to the foregoing purposes, funds appropriated under this heading shall
be available to liquidate deficiencies in appropriations provided under
this heading in prior Department of Defense appropriations Acts without
regard to any provision of law limiting or restricting amounts which
may be charged to currently available appropriations with respect to
funds provided in prior appropriations Acts
(62)Page 22, line 5, strike out all after ``purposes;'' down to and
including ``$493,810,000'' in line 8 and insert: $432,815,000
(63)Page 22, line 9, strike out all after ``1997'' down to and
including ``law'' in line 11
(64)Page 23, line 1, strike out [$2,446,958,000] and insert:
$2,284,925,000
(65)Page 23, after line 1 insert:
CVN Refuelings, $38,328,000;
(66)Page 23, line 2, strike out [$2,607,690,000] and insert:
$2,660,690,000
(67)Page 23, line 4, after ``$50,000,000'' insert: : Provided, That
such funds shall not be obligated or expended until such time that
there are sufficient funds made available for the LHD ship program to
execute an existing contract option or any extension thereto for LHD-7:
Provided further, That such funds shall not be transferred,
reprogrammed, or used for any purpose other than the LHD ship program:
Provided further, That such funds shall remain available for obligation
until expended: Provided further, That the Secretary of the Navy shall
extend this existing contract option for the LHD-7 ship for not less
than one year and shall negotiate any change in option price made
necessary by such extension
(68)Page 23, strike out lines 5 to 8
(69)Page 23, line 9, strike out [conversions,]
(70)Page 23, line 10, strike out [$357,521,000] and insert:
$349,031,000
(71)Page 23, after line 10 insert:
For escalation, $146,000,000;
(72)Page 23, line 11, strike out [$5,471,369,000] and insert:
$5,528,974,000
(73)Page 24, line 16, strike out [$3,271,088,000] and insert:
$3,309,698,000
(74)Page 24, line 17, strike out all after ``1997'' down to and
including ``law'' in line 19
(75)Page 24, line 19, after ``law'' insert: : Provided, That of the
funds appropriated in this paragraph, up to $10,500,000 may be used for
the procurement of command, control, communications, and computer
equipment for a Joint Training, Analysis and Simulation Center for the
United States Atlantic Command
(76)Page 24, line 19, after ``law'' insert: : Provided, That of the
funds appropriated under this heading, not less than $30,100,000 shall
be made available only for the Pacific Missile Range Facility, Hawaii
(77)Page 25, line 7, strike out [$452,178,000] and insert:
$403,410,000
(78)Page 25, line 8, strike out all after ``1997'' down to and
including ``law'' in line 11
(79)Page 26, line 1, strike out [$6,182,199,000] and insert:
$6,571,524,000
(80)Page 26, line 2, strike out all after ``1997'' down to and
including ``law'' in line 12
(81)Page 27, line 1, strike out [$2,758,285,000] and insert:
$3,620,055,000
(82)Page 27, line 16, strike out [$278,681,000] and insert:
$283,173,000
(83)Page 27, line 17, strike out all after ``1997'' down to and
including ``law'' in line 19
(84)Page 28, line 8, strike out [$6,886,613,000] and insert:
$6,897,696,000
(85)Page 28, line 9, strike out all after ``1997'' down to and
including ``law'' in line 12
(86)Page 29, line 1, strike out [$3,020,616,000] and insert:
$1,894,916,000
(87)Page 29, line 2, strike out all after ``1997'' down to and
including ``law'' in line 5
(88)Page 29, line 5, after ``law'' insert: : Provided, That of the
amount appropriated in this paragraph, $7,000,000 shall be made
available only for the procurement of the Common Automatic Recovery
System for the Pioneer Unmanned Aerial Vehicle System
(89)Page 29, line 10, strike out [$796,200,000] and insert:
$952,000,000
(90)Page 29, line 11, strike out all after ``1997'' down to and
including ``law'' in line 13
(91)Page 29, line 23, strike out [$5,456,498,000] and insert:
$5,304,329,000
(92)Page 29, line 24, strike out all after ``1996'' over to and
including ``law'' in line 2 on page 30
(93)Page 30, line 9, strike out [$8,598,958,000] and insert:
$8,790,331,000
(94)Page 30, line 10, strike out all after ``1996'' over to and
including ``ship'' in line 25 on page 31
(95)Page 31, line 25, after ``ship'' insert: : Provided further, That
of the amount of funds appropriated under this paragraph to be
allocated to the aircraft technology program element, $5,000,000 of
this amount may only be obligated for the completion of Phase I of the
Vectored Thrust Combat Agility Demonstrator
(96)Page 32, line 7, strike out [$10,728,533,000] and insert:
$12,151,011,000
(97)Page 32, line 8, strike out all after ``1996'' down to and
including ``(NCMS)'' in line 16 and insert: : Provided, That of the
funds appropriated in this paragraph, not less than $13,000,000 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)
(98)Page 32, line 16, after ``(NCMS)'' insert: : Provided further,
That of the funds appropriated in this paragraph, $2,800,000 shall be
made available only for the F-111 Squadrons program element
(99)Page 32, after line 18 insert:
(including transfer of funds)
(100)Page 33, line 1, strike out [$9,419,955,000] and insert:
$8,922,649,000
(101)Page 33, line 2, strike out all after ``1996'' down to and
including ``vehicle'' in line 11 and insert: : Provided, That
$27,400,000 shall be available for transfer to the Small Business
Administration to cover the costs (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees issued pursuant to subsection (b)(3) of such section
(102)Page 33, line 11, after ``vehicle'' insert: : Provided further,
That, of the funds made available under this heading, $5,600,000 shall
be made available for the Integrated Product and Process Development
Program
(103)Page 33, line 11, after ``vehicle'' insert: : Provided further,
That of the funds appropriated in this paragraph, not less than
$2,000,000 shall be made available for International Cooperative
projects to be funded under the Counterterror Technical Support program
element
(104)Page 33, line 18, strike out [$251,495,000] and insert:
$224,353,000
(105)Page 34, line 9, strike out [$1,090,438,000] and insert:
$789,400,000
(106)Page 34, strike out line 11
(107)Page 34, line 13, strike out [$858,600,000] and insert:
$828,600,000
(108)Page 34, line 14, strike out all after ``expended'' over to and
including ``law'' in line 12 on page 35 and insert: : Provided, That
not to exceed $43,000,000 may be used for the purchase or construction
of vessels for the Ready Reserve Force component of the National
Defense Reserve Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744)
(109)Page 35, line 12, after ``law'' insert: : Provided further, That
the Secretary of Defense shall provide a recommendation for additional
funding from the Department of Defense to finance shipbuilding loan
guarantees under title XI of the Merchant Marine Act of 1936 (46 App.
U.S.C. 1271)
(110)Page 35, line 18, strike out [$9,895,159,000] and insert:
$9,808,239,000
(111)Page 35, line 19, strike out [$9,577,770,000] and insert:
$9,499,350,000
(112)Page 35, line 20, strike out [$317,389,000] and insert:
$308,889,000
(113)Page 36, line 7, strike out all after ``Mexico'' down to and
including ``law'' in line 10 and insert: : Provided further, That of
the funds appropriated under this heading, $5,000,000 shall be made
available only for nursing research: Provided further, That of the
funds appropriated under this heading, $14,500,000 shall be made
available for obtaining emergency communications services for members
of the Armed Forces and their families from the American National Red
Cross as authorized by law: Provided further, That until the end of
September 30, 1995, the Secretary of the Air Force shall, through
contract or otherwise, continue to provide primary health care in the
base hospital at Plattsburgh Air Force Base, New York, to persons
entitled to health care in facilities of the uniformed services
(114)Page 36, line 19, strike out [$562,949,000] and insert:
$590,149,000
(115)Page 36, line 20, strike out [$345,784,000] and insert:
$363,584,000
(116)Page 36, line 21, strike out [$196,465,000] and insert:
$215,265,000
(117)Page 36, line 22, strike out [$20,700,000] and insert:
$11,300,000
(118)Page 37, line 10, strike out [$713,053,000] and insert:
$700,100,000, of which $10,000,000 is hereby transferred to the
``Military Construction, Navy'' appropriation for construction of a
Relocatable Over-the-Horizon Radar in Puerto Rico
(119)Page 37, line 20, strike out [$142,098,000] and insert:
$140,872,000
(120)Page 37, line 21, strike out [$141,098,000] and insert:
$139,872,000
(121)Page 38, strike out lines 4 to 24
(122)Page 39, strike out all including line 1 over to and including
line 2 on page 40
(123)Page 40, strike out line 4 and insert:
RELATED AGENCIES
(124)Page 40, after line 11 and insert:
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183, $8,500,000 to
be derived from the National Security Education Trust Fund, to remain
available until expended.
(125)Page 40, line 14, strike out [$83,084,000] and insert:
$105,084,000
(126)Page 40, after line 18 insert:
Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Trust Fund
For payment to the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, as authorized by law, $50,000,000
to remain available until expended.
(127)Page 46, line 16, after ``procurement'' insert: Funds
appropriated in title III of this Act may be used for multiyear
procurement contracts as follows: MK19-3 grenade machine guns; M16A2
rifles; M249 squad automatic weapons; and M4 carbine rifles for the
Army.
(128)Page 47, strike out lines 18 to 25 and insert:
Sec. 8012. Notwithstanding any other provision of law, a qualified
Indian Tribal corporation or Alaska Native Corporation furnishing the
product of a responsible small business concern shall not be denied the
opportunity to compete for and be awarded a procurement contract
pursuant to section 2323 of title 10, United States Code, solely
because the Indian Tribal corporation or Alaska Native Corporation is
not the actual manufacturer or processor of the product to be supplied
under the contract.
(129)Page 48, strike out lines 1 to 18 and insert:
Sec. 8013. 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, 125,000 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.
(130)Page 49, line 18, strike out [and hereafter]
(131)Page 52, strike out all after line 16 over to and including line
22 on page 53 and insert:
Sec. 8021. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
(132)Page 54, line 4, after ``forces`` insert: : 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
(133)Page 54, line 5, strike out all after ``8023.'' down to and
including ``none'' in line 10 and insert: None
(134)Page 55, strike out all after line 23 over to and including line
9 on page 58 and insert:
Sec. 8025. 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),
and according to regulations which shall be promulgated by the
Secretary of Defense within 90 days of the passage of this Act.
(135)Page 58, strike out after line 9 over to and including line 8 on
page 59 and insert:
Sec. 8026. 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: Provided, That the foregoing shall not apply to handguns for
marksmanship competitions.
(136)Page 61, strike out all after line 16 over to and including line
2 on page 62 and insert:
Sec. 8030. Notwithstanding any other provision of law, none of the
funds appropriated in this Act may be used to purchase, install,
replace, or otherwise repair any lock on a safe or security container
which protects information critical to national security or any other
classified materials and which has not been certified as passing the
security lock specifications contained in regulation FF-L-2740 dated
October 12, 1989, and has not passed all testing criteria and
procedures established through February 28, 1992: Provided, That the
Director of Central Intelligence may waive this provision, on a case-
by-case basis only, upon certification that the above cited locks are
not adequate for the protection of sensitive intelligence information.
(137)Page 62, strike out all after line 8 over to and including line 2
on page 64 and insert:
Sec. 8032. 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: Provided, 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 the
Indian Health Service when it is in conjunction with a civil-military
project.
(138)Page 67, strike out lines 12 to 24 and insert:
Sec. 8041. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense in fiscal year 1995 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.
(139)Page 70, line 4, strike out [$24,565,000] and insert: $19,917,000
(140)Page 70, line 5, strike out [$13,105,000] and insert: $10,410,000
(141)Page 71, strike out lines 16 to 23 and insert:
Sec. 8050. None of the funds available to the Department of Defense
during fiscal year 1995 may be obligated for low rate initial
production of the ALR-67(V)3 Advanced Special Receiver (ASR) until 30
days after the congressional defense committees have received the
following:
(1) A certification by the Director, Operational Test and
Evaluation, Defense, that, based on the results of the joint
Developmental Test/Operational Test flight tests and of the
Operational Assessment intended to address the readiness of the
ASR for low rate initial production, ASR is potentially
operationally effective and potentially operationally suitable
and ready to enter low rate initial production;
(2) A comprehensive report by the Commander, Navy
Operational Test and Evaluation Force as to the test objectives
and results of the joint Developmental Test/Operational Test
flight tests and of the Operational Assessment intended to
address the readiness of the ASR for low rate initial
production;
(3) A comprehensive report by the Assistant Secretary of
the Navy (Research, Development and Acquisition) as to the test
objectives and results of the Developmental Flight Tests and
Technical Evaluation, along with her certification that, based
on these results, the ASR is ready to enter low rate initial
production.
(142)Page 72, line 5, strike out [and hereafter]
(143)Page 73, strike out all after line 12 over to and including line
12 on page 74 and insert:
Sec. 8054. (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 a
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.
(c) The Secretary of Defense may not obligate more than one-half of
the funds available for each defense FFRDC, and more than one-half of
the total amount available for defense FFRDCs, until the Congressional
defense committees receive a copy of the revised and updated DOD master
plan for FFRDCs: Provided, That the master plan submitted in compliance
with this subsection shall contain annual funding and manpower ceilings
for each defense FFRDC and each subcomponent of a defense FFRDC
identified as separate sub-entity due to the significantly unique
nature of its functions.
(d) Limitation on Compensation.--No employee or executive officer
of a defense FFRDC may be compensated at a rate exceeding Executive
Schedule Level I by that FFRDC: Provided, That the restriction
contained in this subsection shall not take effect until July 1, 1995.
(e) Limitation on Compensation.--No member of a Board of Directors,
Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting
Committee, or any similar entity of a defense FFRDC may be compensated
for his or her services as a member of such entity except under the
same conditions, and to the same extent, as members of the Defense
Science Board: Provided, That a member of any such entity shall be
allowed travel expenses and per diem as authorized under the Federal
Joint Travel Regulations, when engaged in the performance of membership
duties: Provided further, That the restriction contained in this
subsection shall not take effect until July 1, 1995.
(f) Elimination of Fee.--None of the funds available to the
Department of Defense from any source during fiscal year 1995 may be
obligated to pay any fee to a defense FFRDC.
(g) None of the funds available to the Department of Defense from
any source during fiscal year 1995 may be used by a defense FFRDC for
any purpose which otherwise is not reimbursable under federal or
Department of Defense acquisition regulations: Provided, That the
restriction contained in this subsection shall also apply to cost
sharing for projects funded by government grants, absorption of
contract overruns, and costs necessary to pay the costs of doing
business in advance of reimbursement.
(h) Notwithstanding any other provision of law, of the amounts
available to the Department of Defense during fiscal year 1995, not
more than $1,300,000,000 may be obligated for financing activities of
FFRDCs: Provided, That the total amount appropriated in title IV of
this Act is hereby reduced by $52,650,000 to reflect the funding
ceiling contained in this subsection.
(i) The total amount appropriated to or for the use of the
Department of Defense in title IV of this Act is reduced by an
additional $62,634,000 to reflect savings from the decreased use of
non-FFRDC consulting services by the Department of Defense.
(j) The total amount appropriated to or for the use of the
Department of Defense in title IV of this Act is reduced by an
additional $19,055,000 to reflect savings from the decreased use of
major non-profit federally-funded research institutions and university-
affiliated research centers by the Department of Defense.
(144)Page 74, strike out all after line 12 over to and including line
8 on page 75 and insert:
Sec. 8055. 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.
(145)Page 76, strike out all after line 3 over to and including line 9
on page 77 and insert:
Sec. 8058. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and wine with nonappropriated
funds for resale (including such alcoholic beverages sold by the drink)
on a military installation located in the United States unless such
malt beverages and wine 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
and wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another State:
Provided further, That alcoholic beverages other than wine and malt
beverages, in contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other factors
considered.
(146)Page 81, lines 7 and 8, strike out [and thereafter]
(147)Page 81, strike out all after line 23 over to and including line
8 on page 82 and insert:
Sec. 8064. 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.
(148)Page 83, line 22, strike out [$329,000,000] and insert:
$296,000,000
(149)Page 83, line 22, strike out [$300,000,000] and insert:
$270,000,000
(150)Page 85, lines 4 and 5, strike out [and thereafter]
(151)Page 85, strike out lines 10 to 14 and insert:
Sec. 8074. Of the funds appropriated or otherwise made available by
this Act, not more than $119,200,000 shall be available for payment of
the operating costs of NATO Headquarters.
(152)Page 85, strike out all after line 14 over to and including line
2 on page 86 and insert:
Sec. 8075. None of the funds available to the Department of the Air
Force shall be available to establish or support any organic depot
maintenance support activity for the B-2 bomber until the Under
Secretary of Defense, Acquisition and Technology reviews the existing
infrastructure for the private sector and Air Force Depot support and
maintenance of the B-2 and reports to the Congressional Defense
Committees the most efficient and cost effective utilization of public
and private facilities to support the B-2.
(153)Page 86, lines 8 and 9, strike out [and thereafter]
(154)Page 87, line 23, strike out [country] and insert: United States
(155)Page 88, strike out lines 9 to 25 and insert:
Sec. 8081. In addition to amounts appropriated or otherwise made
available by this Act, $97,000,000 is hereby appropriated and shall be
available for liquidating deficiencies in the amounts specified in the
appropriations ``National Guard Personnel, Army, 1992'', $10,000,000;
``National Guard Personnel, Army, 1993'', $75,000,000; and ``Reserve
Personnel, Army, 1993'', $12,000,000.
(156)Page 90, strike out lines 4 to 8 and insert:
Sec. 8086. 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.
(157)Page 91, strike out lines 11 to 19 and insert:
Sec. 8090. 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 as the
result of open competition based upon the requirements of the users
without regard to the architecture or design of the supercomputer
system.
(158)Page 92, strike out lines 17 to 25 and insert:
Sec. 8093. 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.
(159)Page 93, strike out lines 1 to 17 and insert:
Sec. 8094. Of the funds appropriated to the Department of Defense
(DOD) for Operation and Maintenance, Defense-Wide, not less than
$8,000,000 shall be made available until expended to the Administration
for Native Americans within 90 days of enactment of this Act: Provided,
That such funds shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation, on Indian lands resulting from Department
of Defense activities: Provided further, That the Department of Defense
shall provide to the Committees on Appropriations of the Senate and
House of Representatives by September 30, 1995, a summary report of all
environmental damage that has occurred on Indian land as a result of
DOD activities, to include, to the extent feasible, a list of all
documents and records known to the Department that describe the
activity or action causing or relating to such environmental damage.
(160)Page 94, line 4, after ``Code'' insert: : Provided, That
notwithstanding any other provision of law, funds appropriated for the
Advanced Research Projects Agency defense reinvestment program element
under the heading ``Research, Development, Test and Evaluation,
Defense-Wide'' shall not be obligated until the Secretary of Defense
has ensured that the Assistant Secretaries for Research, Development,
and Acquisition of the separate Military Departments are full members
of the Defense Technology Conversion Council and are fully integrated
into the process of selecting dual-use technology focus areas for such
programs and evaluating proposals for such projects: Provided further,
That notwithstanding any other provision of law, of the funds
appropriated for defense reinvestment programs under the heading
``Research, Development, Test and Evaluation, Defense-Wide'',
$150,000,000 may only be obligated for projects selected as a result of
a competition held by the Advanced Research Projects Agency in focus
areas selected exclusively by the Assistant Secretaries for Research,
Development, and Acquisition of the separate Military Departments:
Provided further, That in addition to the restriction contained in the
preceding provisos, the competition in focus areas shall be conducted
in accordance with other unaffected statutory provisions of the Defense
Conversion, Reinvestment, and Transition Assistance Amendments of 1993
(161)Page 94, strike out lines 5 to 9 and insert:
Sec. 8097. (a) Not later than April 1, 1995, the Secretary of
Defense shall submit to the Congressional defense committees a
management plan for the major university-affiliated research centers
which support the Department of Defense.
(b) The master plan required by the preceding subsection shall--
(1) establish annual funding and manpower ceilings for each
institution, and a total annual funding and manpower ceiling;
(2) describe in detail what specific actions are being
taken to increase management of these institutions by the
Office of the Secretary of Defense, and to reduce future annual
funding; and
(3) explain the contracting arrangement with each
institution, including an evaluation of whether contracts for
future efforts should be competitively awarded.
(c) For the purposes of this section, the term ``major'' shall
apply to institutions which receive more than $2,000,000 annually from
the Department of Defense.
(162)Page 95, strike out lines 10 to 17 and insert:
(transfer of funds)
Sec. 8099. Upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purposes as the
appropriations to which transferred, and for the same time period as
the appropriation from which transferred: Provided further, That the
amounts shall be transferred between the following appropriations in
the amounts specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1990'':
CG-47 cruiser program, $6,000,000;
LSD-41 landing ship dock program, $1,700,000;
T-AGOS ocean surveillance ship program, $5,000,000;
For craft, outfitting, post delivery, and cost
growth, $2,438,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/90'':
SSN-688 attack submarine program, $11,719,000;
MSH coastal mine hunter program, $3,419,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1991'':
TRIDENT ballistic missile submarine program,
$650,000;
DDG-51 destroyer program, $633,000;
CG-47 cruiser program, $283,000;
T-AO fleet oiler program, $2,800,000;
AO conversion program, $400,000;
For craft, outfitting, and post delivery,
$5,900,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1988/1992'':
CG-47 cruiser program, $5,145,000;
Weapons Procurement, Navy, 1993/1995, $18,069,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1991'':
SSN-688 attack submarine program, $18,496,000;
AOE fast combat support ship program, $15,384,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1988/1992'':
CG-47 cruiser program, $11,993,000;
LSD-41 cargo variant ship program, $4,773,000;
LHD-1 amphibious assault ship program, $7,028,000;
AO conversion program, $1,900,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1988/1992'':
TRIDENT ballistic missile submarine program,
$6,035,000;
SSN-688 attack submarine program, $19,659,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/1993'':
LHD-1 amphibious assault ship program, $3,400,000;
T-AO fleet oiler program, $3,488,000;
T-AGOS surveillance ship program, $3,197,000;
AO conversion program, $1,300,000;
Weapons Procurement, Navy, 1993/1995, $178,000;
Other Procurement, Navy, 1993/1995, $22,400,000;
Research, Development, Test and Evaluation, Navy,
1994/1995, $41,700,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/1993'':
SSN-688 attack submarine program, $18,939,000;
SSN-21 attack submarine program, $37,123,000;
MHC coastal mine hunter program, $1,700,000;
AOE combat support ship program, $17,901,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1990/1994'':
TRIDENT ballistic submarine program, $2,400,000;
Aircraft carrier service life extension program,
$346,000;
MCM mine countermeasures program, $657,000;
Oceanographic ship program, $3,964,000;
LCAC landing craft air cushion program, $1,188,000;
Aircraft Procurement, Navy, 1993/1995, $6,000,000;
Weapons Procurement, Navy, 1993/1995, $6,753,000;
Other Procurement, Navy, 1994/1996, $1,297,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1990/1994'':
SSN-688 attack submarine program, $9,046,000;
MHC coastal mine hunter program, $3,575,000;
AOE combat support ship program, $9,984,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/1995'':
TRIDENT ballistic missile submarine program,
$39,500,000;
DDG-51 destroyer program, $8,200,000;
LSD-41 dock landing ship cargo variant ship
program, $22,427,000;
Aircraft Procurement, Navy, 1994/1996, $17,000,000;
Other Procurement, Navy, 1994/1996, $666,000;
Procurement, Marine Corps, 1993/1995, $6,600,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/1995'':
SSN-21 attack submarine program, $48,240,000;
LHD-1 amphibious assault ship program, $43,600,000;
MHC coastal mine hunter program, $2,553,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
For craft, outfitting, post delivery, and DBOF
transfer, $5,183,000;
Other Procurement, Navy, 1994/1996, $29,261,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
DDG-51 destroyer program, $22,958,000;
MHC coastal mine hunter program, $11,486,000;
From:
Weapons Procurement Navy, 1993/1995, $30,000,000;
Other Procurement, Navy, 1994/1996, $38,438,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
DDG-51 destroyer program, $26,894,000;
LSD-41 cargo variant ship program, $5,663,000;
MHC coastal mine hunter program, $7,615,000;
AOE combat support ship program, $28,266,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
For craft, outfitting, post delivery, and first
destination transportation, $5,000,000;
Weapons Procurement, Navy, 1994/1996, $14,000,000;
Other Procurement, Navy, 1994/1996, $435,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
LHD-1 amphibious assault ship program, $15,131,000;
Oceanographic ship program, $4,304,000.
(163)Page 95, strike out all after line 23 over to and including line
6 on page 96 and insert:
Sec. 8101. None of the funds provided in this Act may be obligated
to initiate a program, or project, or award a new contract to modify or
upgrade the B-1, B-2, or B-52 aircraft until the Secretary of Defense
has submitted a cost and operational effectiveness analysis for Air
Force bomber programs to the Committees on Appropriations and Armed
Services of the Senate and House of Representatives: Provided, That
this section shall not apply to safety of flight modifications.
(164)Page 96, strike out all after line 12 over to and including line
18 on page 98 and insert:
Sec. 8103. None of the funds available to the Department of Defense
during fiscal year 1995 may be obligated or expended to reimburse
States which are parties to the Treaty on the Elimination of
Intermediate-Range and Shorter-Range Missiles concluded on December 8,
1987, and the Treaty on the Reduction and Limitation of Strategic
Offensive Arms, concluded July 31, 1991, for costs allocated to such
States by either of those treaties where such costs are incurred in
support of inspections conducted by the United States: Provided, That
the limitation in this section shall not apply if the Senate of the
United States gives its advice and consent to the ratification of an
amendment to those treaties which changes the financial obligations of
the parties to those treaties with respect to inspection costs.
(165)Page 98, strike out all after line 18 over to and including line
10 on page 99 and insert:
Sec. 8104. The Secretary of Defense shall ensure that all
applicable DOD regulations and component command, installation, or
agency policies and procedures governing temporary duty travel on
official military business to the States of Hawaii and Alaska require
no higher levels of approval or stricter controls than travel within
the continental United States.
(166)Page 99, strike out lines 11 to 16 and insert:
Sec. 8105. 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.
(167)Page 99, strike out all after line 16 over to and including line
9 on page 100 and insert:
Sec. 8106. In the case of members who separate from active duty or
full-time National Guard duty in a military department pursuant to a
Special Separation Benefits program (10 U.S.C. Sec. 1174a) or a
Voluntary Separation Incentive program (10 U.S.C. Sec. 1175) at any
time after the enactment of this Act, the separation payments paid such
members who are also paid any bonus provided for in chapter 5, title
37, United States Code, during the same years in which they separate
shall be reduced (but in no event to an amount less than zero) by an
amount equal to any such bonus: Provided, That any future bonus
payments to which such members would otherwise be entitled are
rescinded: Provided further, That this measure will not apply to
members who separate during the last year of a bonus paid pursuant to
chapter 5, title 37, United States Code: Provided further, That
civilian employees of the Department of Defense are prohibited from
receiving voluntary separation payments if such employees are rehired
by any agency of the Federal Government within one hundred and eighty
days of separating from the Department of Defense: Provided further,
That members who separate from active duty or full-time National Guard
duty in a military department at any time after the enactment of this
Act, are prohibited from receiving Special Separation Benefits program
(10 U.S.C. Sec. 1174a) or Voluntary Separation Incentive program (10
U.S.C. Sec. 1175) payments if rehired by the Department of Defense
within one hundred and eighty days of separating from active duty or
full-time National Guard Duty.
(168)Page 100, strike out all after line 9 over to and including line
11 on page 101 and insert:
(transfer of funds)
Sec. 8107. Within amounts appropriated in this Act, $5,000,000
shall be made available for pay and allowances for the Office of the
Assistant Secretary of Defense for Reserve Affairs to be available only
for support of Civil-Military Cooperation program operations, 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: Provided, That
the funds made available 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.
(169)Page 101, strike out lines 12 to 20 and insert:
Sec. 8108. Notwithstanding any other provision of law, for resident
classes entering the war colleges after September 30, 1996, the
Department of Defense shall require that not less than 20 percent of
the total of United States military students at each war college shall
be from military departments other than the hosting military
department: Provided, That each military department will recognize the
attendance at a sister military department war college as the
equivalent of attendance at its own war college for promotion and
advancement of personnel.
(170)Page 101, strike out all after line 20 over to and including line
2 on page 102 and insert:
Sec. 8109. None of the funds provided in this Act may be expended
for the refurbishment of M61/20 mm Gatling Gun assets for domestic or
foreign military sales unless the Department of the Air Force competes
this work among qualified depots and commercial contractors.
(171)Page 102, strike out lines 3 to 15 and insert:
Sec. 8110. None of the funds provided in this Act may be obligated
or expended for the sale of zinc in the National Defense Stockpile if
zinc commodity prices decline more than five percent below the London
Metals Exchange market price reported on the date of enactment of this
Act.
(172)Page 102, strike out all after line 15 over to and including line
7 on page 103 and insert:
Sec. 8111. Notwithstanding any other provision of law, the
Secretary of the Navy shall reimburse the Muckleshoot Indian Tribe of
Auburn, Washington, for costs that have been validated as having been
expended in the development and submission of a base reuse plan for
Puget Sound Naval Air Station: Provided, That the Muckleshoot Indian
Tribe cost reimbursement claims shall be submitted to and validated by
the General Counsel of the Department of Defense prior to reimbursement
by the Secretary of the Navy: Provided further, That in no case shall
total reimbursements for these costs exceed $600,000. The Secretary may
not pay the Muckleshoot Indian Tribe the reimbursement otherwise
required by the preceding sentence unless the Tribe waives in writing
all claims that the Tribe may have against the United States or any
agency or official of the United States (in the official capacity of
that official), against the State of Washington or any agency or
official of the State of Washington (in the official capacity of that
official), and against the City of Seattle, Washington, or any agency
or official of the City of Seattle, Washington (in the official
capacity of that official), regarding the disposal of the Puget Sound
Naval Air Station.
(173)Page 103, strike out all after line 14 over to and including line
4 on page 104 and insert:
Sec. 8113. Prohibition on Use of Funds for Certain Activities at
Cameron Station, Virginia. (a) Prohibition.--None of the funds
appropriated in this Act or otherwise made available to the Department
of Defense may be obligated or expended by the Secretary of Defense for
the execution pursuant to subsection (f) of section 501 of the Stewart
B. McKinney Homeless Assistance Act of (42 U.S.C. 11411) of a lease,
permit, or deed of conveyance for use to assist the homeless of any
property described in subsection (b) until the Secretary of Health and
Human Services, appropriate representatives of the City of Alexandria,
Virginia, and representatives of the homeless whose applications for
use of such property to assist the homeless have been approved by the
Secretary of Health and Human Services under subsection (e)(3) of such
section jointly determine that such use is reasonable under the
redevelopment plan for Cameron Station, Virginia.
(b) Covered Property.--Subsection (a) applies to the public
buildings and real property located at Cameron Station, Virginia, which
installation was approved for closure pursuant to the provisions of
title II of the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
(174)Page 104, strike out lines 5 to 20 and insert:
Sec. 8114. (a) In General.--The fiscal year 1995 increase in
military retired pay shall (notwithstanding subparagraph (B) of section
1401a(b)(2) of title 10, United States Code) first be payable as part
of such retired pay for the month of March 1995.
(b) Definitions.--For the purposes of subsection (a):
(1) The term ``fiscal year 1995 increase in military
retired pay'' means the increase in retired pay that, pursuant
to paragraph (1) of section 1401a(b) of title 10, United States
Code, becomes effective on December 1, 1994.
(2) The term ``retired pay'' includes retainer pay.
(175)Page 104, strike out all after line 20 over to and including line
11 on page 105 and insert:
(transfer of funds)
Sec. 8115. In addition to amounts appropriated or otherwise made
available by this Act, $11,200,000 is hereby appropriated to the
Department of Defense and shall be available only for transfer to the
United States Coast Guard for a 2.6 percent pay increase for uniformed
members.
(176)Page 105, strike out lines 12 to 21 and insert:
Sec. 8116. Notwithstanding any other provision of law, for
education and training expenses not otherwise provided for,
$119,000,000 is appropriated for aiding school districts in accordance
with authority granted under Public Law 81-874.
(177)Page 105, strike out all after line 21 over to and including line
4 on page 106 and insert:
Sec. 8117. After April 15, 1995, none of the funds provided in this
Act may be obligated for payment on contracts on which allowable costs
charged to the government include payments for individual compensation
in excess of the rate of compensation of Level I of the Executive
Schedule employees of the United States Government.
(178)Page 106, strike out lines 5 to 8
(179)Page 106, strike out lines 9 to 25
(180)Page 107, strike out lines 5 to 13
(181)Page 107, after line 13 insert:
Sec. 8121. (a) Study.--The Secretary of Defense shall conduct a
study of the receipt of benefits under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.) by the members of the Armed Forces. The study
shall include the following elements:
(1) The number of members of the Armed Forces who are
eligible to receive benefits under that Act.
(2) The number of such members who receive benefits under
that Act.
(3) The location by State and region of the members
referred to in paragraphs (1) and (2).
(4) An estimate of the cost of raising the rate of basic
pay of members of the Armed Forces to a rate at which such
members would no longer be eligible to receive benefits under
that Act.
(b) Report.--The Secretary shall submit to Congress a report on the
study required under subsection (b) not later than 180 days after the
date of the enactment of this Act.
(182)Page 107, after line 13 insert:
Sec. 8122. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the appropriate congressional committees
setting forth all costs (including incremental costs) incurred by the
Department of Defense during the preceding quarter in implementing or
supporting resolutions of the United Nations Security Council,
including any such resolution calling for international sanctions,
international peacekeeping operations, and humanitarian missions
undertaken by the Department of Defense. The quarterly report shall
include an aggregate of all such Department of Defense costs by
operation or mission.
(b) The Secretary of Defense shall detail in the quarterly reports
all efforts made to seek credit against past United Nations
expenditures and all efforts made to seek compensation from the United
Nations for costs incurred by the Department of Defense in implementing
and supporting United Nations activities.
(c) As used in this section, the term ``appropriate congressional
committees'' means--
(1) the Committees on Appropriations of the House of
Representatives and the Senate;
(2) the Committees on Armed Services of the House of
Representatives and the Senate; and
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(183)Page 107, after line 13 insert:
SEC. 8123. ADDITIONAL COUNTRIES ELIGIBLE FOR PARTICIPATION IN ALLIED
DEFENSE COOPERATION.
(a) Short Title.--This section may be cited as the ``NATO
Participation Act''.
(b) Transfer of Excess Defense Articles.--The President may
transfer excess defense articles under section 516 of the Foreign
Assistance Act of 1961 or under the Arms Export Control Act to Poland,
Hungary, the Czech Republic, and Slovakia.
(c) Leases and Loans of Major Defense Equipment and Other Defense
Articles.--Section 63(a)(2) of the Arms Export Control Act (22 U.S.C.
2796b) is amended by striking ``or New Zealand'' and inserting ``New
Zealand, Poland, Hungary, the Czech Republic, or Slovakia''.
(d) Loan Materials, Supplies, and Equipment for Research and
Development Purposes.--Section 65(d) of the Arms Export Control Act (22
U.S.C. 2796d(d)) is amended--
(1) by striking ``or'' after ``United States)'' and
inserting a comma; and
(2) by inserting before the period at the end the
following: ``, Poland, Hungary, the Czech Republic, or
Slovakia''.
(e) Cooperative Military Airlift Agreements.--Section
2350c(e)(1)(B) of title 10, United States Code, is amended by striking
``and the Republic of Korea'' and inserting ``the Republic of Korea,
Poland, Hungary, the Czech Republic, and Slovakia''.
(f) Procurement of Communications Support and Related Supplies and
Services.--Section 2350f(d)(1)(B) is amended by striking ``or the
Republic of Korea'' and inserting ``the Republic of Korea, Poland,
Hungary, the Czech Republic, or Slovakia''.
(g) Standardization of Equipment With North Atlantic Treaty
Organization Members.--Section 2457 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(g) It is the sense of the Congress that, in the interest of
maintaining stability and promoting democracy in Eastern Europe,
Poland, Hungary, the Czech Republic, and Slovakia, those countries
should, on and after the date of enactment of this subsection, be
included in all activities under this section related to the increased
standardization and enhanced interoperability of equipment and weapons
systems, through coordinated training and procurement activities, as
well as other means, undertaken by the North Atlantic Treaty
Organization members and other allied countries.''.
(h) Inclusion of Other European Countries Emerging From Communist
Domination.--The President should recommend legislation to the Congress
making eligible under the provisions of law amended by this section
such other European countries emerging from communist domination as the
President may determine if such countries--
(1) have made significant progress toward establishing
democratic institutions, free market economies, civilian
control of their armed forces, and the rule of law; and
(2) are likely, within 5 years of such determination, to be
in a position to further the principles of the North Atlantic
Treaty and to contribute to the security of the North Atlantic
area.
(i) Certification Required.--Before exercising the authority in
subsection (a), or in section 63(a)(2) of the Arms Export Control Act,
with respect to Poland, Hungary, the Czech Republic, or Slovakia, the
President shall determine and certify to the appropriate congressional
committees that no such country is selling or transferring defense
articles to a state that has repeatedly provided support for acts of
international terrorism, as determined by the Secretary of State under
section 6(j) of the Export Administration Act of 1979.
(184)Page 107, after line 13 insert:
SEC. 8124. SENSE OF THE CONGRESS CONCERNING THE REPUBLIC OF BULGARIA.
(a) Findings.--The Congress finds that:
(1) In the spring of 1990, Bulgaria held its first round-
table discussions and held its first free, democratic elections
in June 1990;
(2) In August 1990, the Bulgarian Grand National Assembly
elected Dr. Zhelyu Zhelev as President of the Republic;
(3) On July 12, 1991 the Parliament of Bulgaria adopted the
new Constitution of the Republic of Bulgaria, which proclaims
that Bulgaria is governed by the rule of law;
(4) In addition, the Bulgarian Constitution establishes the
principles of a market economy in Bulgaria, including Article
17 which guarantees and protects the right to property and
inheritance and proclaims the inviolability of private
property, and Article 19 which states that the economy of
Bulgaria is based on free economic enterprise;
(5) In October 1991, Bulgaria held its second parliamentary
elections;
(6) Since 1990, the Bulgarian Parliament has passed more
than 220 laws establishing legal protections for a free market
economy including the Law on Land Ownership, the Law on the
Protection of Competition, the Law on Commerce, the Law on
Privatization, the Law on Accounting and the Law on Banking;
(7) The Bulgarian private sector has grown from 5 percent
of GNP in 1990 to 22 percent of GNP in 1993, and by the end of
1993, 47 percent of Bulgarian farm land had been returned to
its owners prior to 1948;
(8) In June 1990, Bulgaria established diplomatic relations
with NATO and on February 14, 1994, joined the Partnership for
Peace;
(9) Since October 1991, the Bulgarian minister of defense
has been a civilian and this practice is scheduled to be
institutionalized when the Bulgarian Law on Armed Forces is
adopted in September 1994.
(b) Sense of Congress.--Therefore, it is the sense of the Congress
that:
(1) The Republic of Bulgaria is making swift and important
progress to join the West and should be strongly commended for
its efforts;
(2) The Republic of Bulgaria is making significant progress
toward establishing democratic institutions, a free market
economy, civilian control of the armed forces and the rule of
law;
(3) As the President evaluates increased defense
cooperation with central and eastern Europe, Bulgaria's
extensive reform efforts should be given every possible
consideration.
(185)Page 107, after line 13 insert:
Sec. 8125. Study of C-130s--(a) Report.--Within six months of
enactment of this Act, the Chairman of the Joint Chiefs of Staff (JCS)
shall recommend to the Secretary of Defense a master stationing plan
for C-130 aircraft for the active and reserve components based on the
National Military Strategy and current contingency plans of the Joint
Chiefs of Staff. The report shall include:
(1) a review of existing Air Reserve Component C-130s; and
(2) a master plan for basing future Air Reserve Component
C-130s over the next twenty years.
(b) Interim Reductions.--No reductions of primary authorized C-130
aircraft (PAA) shall be permitted until after completion of the report.
(c) Approval.--Within 2 months of receipt of the report from the
Chairman of the JCS, the Secretary of Defense shall approve the final
master stationing plan for C-130 aircraft and shall provide it to the
congressional defense committees. The Secretary shall also provide the
final report to the Air Force and to the National Guard Bureau for
implementation.
(186)Page 107, after line 13 insert:
Sec. 8126. Funds appropriated for the Army by this Act may not be
expended to deactivate or to take any action necessary to deactivate
any Army Reserve Officers' Training Corps unit, or to reduce any such
unit for the purpose of eventually deactivating that unit, unless the
Secretary of the Army has determined that the unit has been placed in,
and has been evaluated for a full evaluation period under, the
Effective Management Program of the Army Cadet Command.
(187)Page 107, after line 13 insert:
SEC. 8127. PREFERENCE FOR LOCAL AND SMALL BUSINESSES TO CARRY OUT
ENVIRONMENTAL RESTORATION AND REMEDIATION OF KAHO'OLAWE
ISLAND, HAWAII.
(a) Preference Required.--In entering into contracts with private
entities to carry out environmental restoration and remediation of
Kaho'olawe Island, Hawaii, and the waters surrounding that island, the
Secretary of the Navy shall, to the maximum extent practicable, give a
preference to small business concerns and small disadvantaged business
concerns located in the State of Hawaii. In giving the preference, the
Secretary shall give especial preference to businesses owned by Native
Hawaiians.
(b) Definitions.--In this section:
(1) The term ``small business concern'' means a business
concern meeting the requirements of section 3 of the Small
Business Act (15 U.S.C. 632).
(2) The term ``small disadvantaged business concern'' means
the business concerns referred to in section 7(d)(1) of such
Act (15 U.S.C. 637(d)(1)).
(3) The term ``Native Hawaiian'' means any individual who
is a descendent of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now
comprises the State of Hawaii.
(188)Page 107, after line 13 insert:
Sec. 8128. (a) The prohibition on concurrent award of compensation
and retirement pay (including naval pension) set forth in section
5304(a)(1) of title 38, United States Code, does not apply to a person
who has a service-connected disability if--
(1) the person has completed at least 20 years of service
in the uniformed services that is creditable for purposes of
computing the amount of retirement pay to which the member is
entitled;
(2) the disability was incurred or aggravated in the
performance of duty as a member of a uniformed service, as
determined by the Secretary concerned; and
(3) the disability is a disability rated as total--
(A) by the Secretary concerned as of the date on
which the person is retired from the uniformed
services; or
(B) by the Secretary of Veterans Affairs within
four years following the date on which the person is
retired from the uniformed services.
(b) Notwithstanding section 1463(a) of title 10, United States
Code, the amount of retirement pay paid in accordance with subsection
(a) concurrently with the payment of disability compensation to the
recipients of such retirement pay shall be paid out of funds
appropriated by this Act.
(c) Subsection (a) is not applicable to a person for any period for
which the disability of such person is not a disability rated as total
as described in paragraph (3) of such subsection.
(d) In this section:
(1) The terms ``compensation'', ``service-connected'', and
``Secretary concerned'' have the meanings given such terms in
section 101 of title 38, United States Code.
(2) The term ``disability rated as total''--
(A) means a disability that is rated as total under
the standard schedule of rating disabilities in use by
the Department of Veterans Affairs; and
(B) does not include a disability for which the
schedular rating is less than total but for which a
rating of total is assigned by reason of inability of
the disabled person concerned to secure or follow a
substantially gainful occupation as a result of
service-connected disabilities or by reason of any
other factor.
(3) The term ``uniformed services'' has the meaning given
such term in section 101(a)(5) of title 10, United States Code.
(e) This section shall take effect on October 1, 1994, and shall
apply to months that begin on or after that date and before October 1,
1995, upon authorization in an Act other than this Act.
(189)Page 107, after line 13 insert:
SEC. 8129. IMPLEMENTATION OF AGREEMENT ON THE RESTRUCTURING OF THE ARMY
NATIONAL GUARD AND THE ARMY RESERVE.
(a) Finding.--Congress finds that the implementation of the off-
site agreement may result in the loss to the Armed Forces of military
personnel who have significant military experience and expertise.
(b) Reassignment of Members.--(1) To the maximum extent
practicable, the Secretary of the Army shall ensure that members of the
Armed Forces who would otherwise be separated from service as a result
of the deactivation of military units of the Army National Guard and
the Army Reserve under the off-site agreement be reassigned instead to
units that are not being deactivated.
(2) The reassignment of a member under paragraph (1) shall not
affect the grade or rank in grade of the member.
(c) Reports.--Not later than 15 days after the end of each calendar
quarter while the off-site agreement is in effect, the Secretary of the
Army shall submit to the congressional defense committees a report on
the number of members of the Armed Forces who were reassigned under
subsection (b)(1) during the preceding calendar quarter.
(d) Definitions.--In this section:
(1) The term ``congressional defense committees'' means the
Committees on Armed Services and the Committees on
Appropriations of the Senate and the House of Representatives.
(2) The term ``off-site agreement'' means the agreement on
the restructuring of the Army National Guard and the Army
Reserve.
(190)Page 107, after line 13 insert:
Sec. 8130. 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 Region III of the Environmental Protection
Agency has completed its currently ongoing Environmental Impact Review.
(191)Page 107, after line 13 insert:
Sec. 8131. (a) No project for the construction of any facility, or
improvement to any facility, having an estimated Federal cost in excess
of $300,000, may be undertaken in any fiscal year unless specifically
identified as a separate item in the President's annual fiscal year
budget request or otherwise specifically authorized and appropriated if
such facility or improvement would be used primarily by personnel of
the intelligence community.
(b) As used in this section, the term ``intelligence community''
has the same meaning given that term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(192)Page 107, after line 13 insert:
Sec. 8132. Of the funds made available by this Act for the National
Reconnaissance Office under the classified Schedule of Appropriations
accompanying this Act, funds allocated for construction of the
headquarters buildings of the National Reconnaissance Office which were
unobligated as of the date of enactment of this Act may not be
obligated or expended until the Director of Central Intelligence and
the Secretary of Defense have completed a review of that construction
project and the results of such review have been disclosed to the
Select Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives, and the
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives.
(193)Page 107, after line 13 insert:
Sec. 8133. Notwithstanding any other provision of law, the
Secretary of the Navy shall obligate, within thirty days of this Act
becoming law, not less than $29,750,000 from the funds appropriated in
this Act or previous Acts under the heading ``Aircraft Procurement,
Navy'', solely to procure, on an urgent basis, AN/USH-42 mission
recorders modified for use in S-3B aircraft.
(194)Page 107, after line 13 insert:
Sec. 8134. Within 60 days of enactment of this Act, the President,
in consultation with NATO, shall submit a report to the Committees on
Appropriations of the Senate and House of Representatives defining
specific military, economic, and political standards required to gain
admission to NATO: Provided, That such report shall not be limited to
the principles enunciated in the Partnership for Peace: Provided
further, That such report shall include an assessment of measures which
would be necessary to guarantee the armed services of Poland, Hungary,
the Czech Republic, Slovakia, Lithuania, Latvia and Estonia are capable
of military cooperation and interoperability with NATO and fulfilling
other member responsibilities.
(195)Page 107, after line 13 insert:
restriction on funding united states military personnel in somalia
Sec. 8135. None of the funds appropriated by this Act may be used
for the continuous presence in Somalia of United States military
personnel after September 30, 1994.
(196)Page 107, after line 13 insert:
SEC. 8136. SENATE ADVICE AND CONSENT TO CHANGES IN OBLIGATIONS UNDER
THE CFE TREATY.
(a) Findings.--
(1) On November 25, 1991, the Senate gave its advice and
consent to ratification of the CFE Treaty.
(2) The President would need to seek the Senate's advice
and consent to any change in obligation of the States parties
under the CFE Treaty, unless such change were a minor matter of
an administrative or technical nature.
(3) A change in the allowed holdings of treaty limited
equipment in the area of application or any geographic sub-zone
of the area of application would constitute a change in
obligation for which the Senate's advice and consent would be
required.
(b) Reaffirmation of Senate's Treaty-Making Powers.--The President
shall submit for the Senate's advice and consent any change in the
obligations of any State party under the CFE Treaty, unless such change
is a minor matter of an administrative or technical nature.
(c) CFE Treaty Defined.--For the purpose of this section, the CFE
Treaty means the Treaty on Conventional Armed Forces in Europe, signed
in Paris on November 19, 1990, and associated protocols.
(197)Page 107, after line 13 insert:
Sec. 8137. (a)(1) The Secretary of Defense shall develop a plan for
establishing and implementing a requirement for disbursing officials of
the Department of Defense to match disbursements to particular
obligations before making the disbursements. The Secretary shall
transmit the plan to Congress not later than March 1, 1995.
(2) The Inspector General of the Department of Defense shall review
the plan and submit the Inspector General's independent assessment of
the plan to the congressional defense committees.
(b)(1) Not later than July 1, 1995, the Secretary of Defense shall
require that each disbursement by the Department of Defense in an
amount in excess of $5,000,000 be matched to a particular obligation
before the disbursement is made.
(2) Not later than October 1, 1995, the Secretary of Defense shall
require that each disbursement by the Department of Defense in an
amount in excess of $1,000,000 be matched to a particular obligation
before the disbursement is made.
(c) The Secretary shall ensure that a disbursement in excess of the
threshold amount applicable under subsection (b) is not divided into
multiple disbursements of less than that amount for the purpose of
avoiding the applicability of such subsection to that disbursement.
(d) The Secretary of Defense may waive a requirement for advance
matching of a disbursement of the Department of Defense with a
particular obligation in the case of (1) a disbursement involving
deployed forces, (2) a disbursement for an operation in a war declared
by Congress or a national emergency declared by the President or
Congress, or (3) a disbursement under any other circumstances for which
the waiver is necessary in the national security interests of the
United States, as determined by the Secretary and certified by the
Secretary to the congressional defense committees.
(e) This section shall not be construed to limit the authority of
the Secretary of Defense to require that a disbursement not in excess
of the amount applicable under subsection (b) be matched to a
particular obligation before the disbursement is made.
(198)Page 107, after line 13 insert:
SEC. 8138. SENSE OF CONGRESS ON NEGOTIATION OF LIMITATIONS ON NUCLEAR
WEAPONS TESTING.
(a) Findings.--Congress finds the following:
(1) On January 25, 1994, the United States joined with 37
other nations to begin negotiations for a comprehensive treaty
to ban permanently all nuclear weapons testing.
(2) On March 14, 1994, the President decided to extend the
current United States nuclear testing moratorium at least
through September 1995.
(3) Germany and the Group of 21 Non-Aligned States have
publicly stated their support for the completion of a
comprehensive nuclear test ban treaty by 1995.
(4) On June 6, 1994, the People's Republic of China
conducted its second nuclear weapons test explosion since the
United States, Russia, and France initiated their current
nuclear test moratoria.
(5) On September 7, 1994, the third and final test ban
negotiating session of the year will end.
(6) While some progress toward a comprehensive nuclear test
ban treaty has been achieved, there is little chance that an
agreement will be reached before April 1995 at the current rate
of negotiation.
(7) The United States is seeking to extend indefinitely the
Non-Proliferation Treaty at the April 1995 Extension
Conference.
(8) Conclusion of a comprehensive nuclear test ban treaty
could contribute toward successful negotiations to extend the
Non-Proliferation Treaty.
(9) Agreements to eliminate nuclear testing and control the
spread of nuclear weapons could contribute to national security
of the United States, its allies, and other nations around the
world.
(b) Sense of Congress.--The Congress--
(1) applauds the President for maintaining the United
States nuclear testing moratorium and for supporting the
negotiation of a comprehensive nuclear test ban treaty;
(2) encourages the People's Republic of China and all other
nuclear powers to refrain from conducting nuclear explosions
prior to conclusion of a comprehensive nuclear test ban treaty;
and
(3) urges the President and the other nuclear powers to
take measures necessary to achieve a multilateral comprehensive
nuclear test ban treaty before the Non-Proliferation Treaty
Extension Conference.
(c) Definition.--As used in this section, the term ``Non-
Proliferation Treaty'' means the Treaty on the Non-Proliferation of
Nuclear Weapons, done at Washington, London, and Moscow on July 1, 1968
(21 U.S.T. 483).
(199)Page 107, after line 13 insert:
Sec. 8139. (a) Notwithstanding any other provision of law, the
Secretary of a military department may enter into a contract for use of
commercial or proprietary credit card services for augmenting or
replacing any in-house account receivable system in use by a
nonappropriated fund instrumentality under the jurisdiction of that
Secretary if the Secretary determines that such contract is in the best
interest of that department.
(b) No official of the Department of Defense outside a military
department may, by regulation or otherwise, limit or control the
exercise of authority under this section by the Secretary of that
military department.
(200)Page 107, after line 13 insert:
Sec. 8140. (a) Prohibition.--No funds appropriated under this Act
may be made available to the Democratic People's Republic of Korea
until the President certifies and reports to Congress that the
Democratic People's Republic of Korea--
(1) does not possess nuclear weapons;
(2) has halted its nuclear weapons program; and
(3) is not exporting weapons-grade plutonium.
(b) National Security Waiver.--The President may waive the
prohibition in this section if he determines and certifies in writing
to the Congress that to do so is vital to the national security
interest of the United States, and notifies the appropriate committees
of Congress 15 days in advance in accordance with the regular
notification procedures of such committees. Such notification shall
include the nature, purpose and amount of any proposed assistance.
(201)Page 107, after line 13 insert:
Sec. 8141. Notwithstanding any other provision of law, within the
funds made availability by this Act, the Department of Defense shall
pay the appropriate amount of Aviation Continuation Pay authorized by
37 U.S.C. Sec. 301(b) to the survivors of persons who have signed
reenlistment contracts on or after January 1, 1994, but whose service
connected death predates the effective date of such reenlistment
contract by less than 14 days.
(202)Page 107, after line 13 insert:
Sec. 8142. It is the sense of the Senate that not later than 90
days after the enactment of this Act, the Department of Defense shall
submit all documents pertaining to any and all Department of Defense
chemical and biological warfare tests involving the use of zinc cadmium
sulfide conducted anywhere in the United States.
(203)Page 107, after line 13 insert:
Sec. 8143. None of the funds made available under this Act may be
obligated or expended for the relocation or reduction of the functions
specified in the 1991 and 1993 Reports to the President of the Defense
Base Closure and Realignment Commission to be maintained at Fort
Chaffee, Arkansas, including all civilian management, support personnel
and operations associated with these functions that were in existence
as of September 30, 1994.
(204)Page 107, after line 13 insert:
Sec. 8144. (a) None of the funds available to the Department of
Defense during fiscal year 1995 may be used for negotiating or entering
into any agreement with, nor for accepting funds from, a foreign
government or an entity controlled by a foreign government for a joint
program for the development of an advanced threat radar jammer for
combat helicopters until 30 days after the Secretary of Defense, in
consultation with the Secretary of State, the Secretary of the Army,
and the Director of the Defense Security Assistance Agency, conducts a
comprehensive review of the program and submits a report on the results
of that review to the congressional defense committees.
(b) This section does not apply with respect to a major ally of the
United States.
(c) In this section:
(1) The term ``entity controlled by a foreign government''
includes--
(A) any domestic or foreign organization or
corporation that is effectively owned or controlled by
a foreign government; and
(B) any individual acting on behalf of a foreign
government,
as determined by the Secretary of Defense. Such term does not
include an organization or corporation that is owned, but is
not controlled, either directly or indirectly, by a foreign
government if the ownership of that organization or corporation
by that foreign government was effective before October 23,
1992.
(2) The term ``major ally of the United States'' has the
meaning given such term in section 2350a(i)(2) of title 10,
United States Code.
(205)Page 107, after line 13 insert:
SEC. 8145. SENSE OF THE SENATE CONCERNING LOWRY AFB.
It is the sense of the Senate that--
(1) in issuing any lease, permit or deed of conveyance for
use to assist the homeless under the Stewart B. McKinney
Homeless Assistance Act concerning Lowry Air Force Base,
Colorado, the Secretary of Health and Human Services,
representatives of the city of Denver, Colorado,
representatives of the city of Aurora, Colorado and
representatives of homeless providers whose applications have
been approved by the Secretary of Health and Human Services
should jointly determine that such use is reasonable under the
redevelopment plan for Lowry Air Force Base, Colorado; and
(2) the Department of Defense and the Department of Health
and Human Services, in coordination with the appropriate
committees of Congress and appropriate State and local
authorities, should develop a reform proposal to address the
many difficulties created for local communities by existing
laws relating to the loan, lease or conveyance for use of
government property during the base closure process.
(206)Page 107, after line 13 insert:
Sec. 8146. (a) None of the funds appropriated in this Act for a
second low rate initial production (LRIP) contract or contract option
for the Hunter unmanned aerial vehicle (UAV) system may be obligated
until the Department of Defense certifies to the congressional defense
committees that--
(1) two Hunter UAV systems have been accepted by the
Government using the currently defined Acceptance Test
Procedure;
(2) the operational tempo (OPTEMPO) phase of the risk
reduction program has been successfully completed; and
(3) the flight test portion of the first article test (FAT)
has been successfully completed.
(b) None of the funds appropriated in this Act may be obligated to
procure more than four Hunter UAV systems until the Logistics Support
Analysis (LSA) report has been submitted to the relevant committees of
Congress and the Department of Defense has certified to these
committees that the LSA is sufficient to fully support fielding of the
Hunter UAV.
(207)Page 107, after line 13 insert:
Sec. 8147. It is the sense of the Senate that of the funds
appropriated by title VIII of Public Law 102-396 (106 Stat. 1899) for
defense reinvestment for economic growth, the unobligated balance of
the funds made available by such title for military service members
occupational conversion and training shall remain available until
September 30, 1995.
(208)Page 107, after line 13 insert:
Sec. 8148. (a) Sense of the Senate concerning Japan fulfilling its
commitments under the Host Nation Support Agreement it signed with the
United States on January 14, 1991:
(b) The Senate finds--
(1) That, the United States-Japan Security Treaty continues
to be a strong bond between our two countries, serving as a
main pillar of the bilateral relationship;
(2) That, the bilateral relationship is of vital importance
to both countries and to the stability of the Asia Pacific
region and the entire world;
(3) That, Japan's willingness to share the costs of
maintaining forces in Japan is an important contribution to
strengthening our security partnership;
(4) That, it has often been asserted that Japan's host
nation support for American forces provides a model defense
burden-sharing arrangement for our allies;
(5) That, Japan and the United States signed a new Host
Nation Support Agreement on January 14, 1991, providing for
Japan to assume--over five years beginning in Japanese Fiscal
Year 1991 and ending in fiscal year 1995--virtually all yen-
based costs of maintaining United States forces in Japan;
(6) That, Japan voluntarily entered into that agreement
more than a year before the expiration of the previous Host
Nation Support Agreement which was not as generous;
(7) That, the Government of Japan hailed the new agreement
as ``a step of great significance for the overall relationship
between the two countries'';
(8) That, Japan's Defense Agency appears to have decided to
decrease expenses for bearing the cost of stationing United
States forces in Japan in its fiscal year 1995 budget request,
thereby failing to fulfill its obligations under the 1991 Host
Nation Support Agreement;
(9) That, should Japan fail to fulfill those obligations,
the bilateral relationship may suffer negative consequences,
particularly as current problems on the Korean peninsula pose a
critical challenge to United States-Japan security ties: Now,
therefore
(c) It is the sense of the Senate that--
(1) It is in the interest of both Japan and the United
States to fully comply with all the provisions of the Host
Nation Support Agreement of 1991; and
(2) Should either nation wish to depart from fully
complying with all the provisions of that agreement, it should
engage in close consultations with its counterpart before
taking any action.
(209)Page 107, after line 13 insert:
Sec. 8149. None of the funds appropriated in this Act may be
transferred to or obligated from the Pentagon Reservation Maintenance
Revolving Fund, unless the Secretary of Defense certifies that the
total cost for the planning design, construction and installation of
equipment for the renovation of the Pentagon Reservation will not
exceed $1,218,000,000.
(210)Page 107, after line 13 insert:
SEC. 8150. BOSNIA AND HERCEGOVINA.
(a) Purpose.--To express the sense of Congress concerning the
international efforts to end the conflict in Bosnia and Hercegovina,
and to establish a process to end the arms embargo on the Government of
Bosnia and Hercegovina.
(b) Statement of Support.--The Congress supports the efforts of the
so-called ``contact group'' composed of representatives of the United
States, Russia, France, Britain, and Germany to bring about a peaceful
settlement of the conflict in Bosnia and Hercegovina based upon the
contact's group proposal of July 6, 1994 that has been agreed to by the
Government of Bosnia and Hercegovina and rejected by the Bosnian Serb
faction.
(c) Sense of the Congress.--It is the sense of the Congress that:
(1) The United States should work with the NATO Member
nations and other permanent Members of the United Nations
Security Council to bring about a peaceful settlement of the
conflict in Bosnia and Hercegovina which maintains the
territorial integrity of Bosnia and Hercegovina.
(2) A peaceful settlement of the conflict must preserve an
economically, politically and militarily viable Bosnian state
capable of exercising its rights under the United Nations
Charter as part of a peaceful settlement, including the lifting
of the arms embargo on the Government of Bosnia and Hercegovina
so that it can exercise the inherent right of a sovereign state
to self-defense.
(3) The acceptance of the contact group's peace proposal by
the Government of Bosnia and Hercegovina should lead to the
lifting of the international arms embargo on that Government.
(4) In providing weapons to the Bosnian Government or
taking other actions, care should be taken to provide for the
safety of the United Nations Protection Force (UNPROFOR) and
the civilian personnel working for the United Nations or non-
governmental volunteer organizations.
(5) The United States should immediately seek to organize
an international effort to provide assistance to the nations
bordering Serbia and Montenegro to bring about more effective
enforcement by those nations of the international economic
sanctions on the Government of Serbia and Montenegro.
(d) Policy.--The United States should exercise leadership within
the international community to cause the Bosnian Serb faction to accept
the contact's group's proposal. Such action should be taken on separate
but complimentary international and unilateral tracks. Accordingly:
(1) International: If the Bosnian Serbs have not accepted
the contact group's proposal of July 6, 1994 within 10 days
after the enactment of this Act or by October 15, 1994,
whichever is later, the President or his representative should
formally introduce and support a resolution in the United
Nations Security Council, within fourteen days thereafter, to
terminate the international arms embargo on the Government of
Bosnia and Hercegovina. The termination of the arms embargo on
the Government of Bosnia and Hercegovina may be accomplished in
stages but should result in a lifting of the arms embargo no
later than December 1, 1994.
(2) Unilateral: If the United Nations Security Council has
not voted to lift the international arms embargo on the
Government of Bosnia and Hercegovina in accordance with
paragraph (1) within 15 days after the President or his
representative has formally introduced such a resolution or by
November 15, 1994, whichever is earlier, and the Bosnian Serbs
have not accepted the contact group's proposal of July 6, 1994
by that date:
(A) None of the funds available to the Department
of Defense for any fiscal year shall thereafter be used
for the purpose of participation in, support for, or
assistance to the enforcement of the arms embargo on
the Government of Bosnia and Hercegovina but the
President may waive this provision in the case of
United States military personnel serving in NATO
headquarters staff positions. Nothing in this provision
is intended to impede sanctions enforcement against
Serbia;
(B) The President shall submit a plan to and
consult with the Congress on the manner in which the
Armed Forces of the United States and other friendly
nations would provide training to the armed forces of
the Government of Bosnia and Hercegovina outside of the
territory of Bosnia and Hercegovina; and
(C) The President shall submit a plan to and
consult with the Congress regarding unilateral lifting
by the United States of the arms embargo on the
Government of Bosnia and Hercegovina.
(3) Interim: If the Bosnian Serb faction attacks the United
Nations declared safe areas, the President or his
representative should promptly introduce and support a
resolution in the United Nations Security Council that
authorizes a selective lifting of the arms embargo on the
Government of Bosnia and Hercegovina to provide defensive
weapons, such as anti-tank weapons, counter-battery radars, and
mortars, to enable the forces of the Government of Bosnia and
Hercegovina to defend the safe areas.
(211)Page 107, after line 13 insert:
Sec. 8151. Termination of Arms Embargo.--
(1) Termination.--The President shall terminate the United
States arms embargo of the Government of Bosnia and Herzegovina
no later than November 15, 1994 so that government may exercise
its right of self-defense under Article 51 of the United
Nations Charter.
(2) Definition.--As used in this section, the term ``United
States arms embargo of the Government of Bosnia and
Herzegovina'' means the application to the Government of Bosnia
and Herzegovina of--
(A) the policy adopted July 10, 1991, and published
in the Federal Register of July 19, 1991 (58 F.R.
33322) under the heading ``Suspension of Munitions
Export Licenses to Yugoslavia''; and
(B) any similar policy being applied by the United
States Government as of the date of receipt of the
request described in paragraph (1) pursuant to request
described in paragraph (1) pursuant to which approval
is denied for transfers of defense articles and defense
services to the former Yugoslavia.
(3) Rule of construction.--Nothing in this section shall be
interpreted as authorization for deployment of United States
forces in the territory of Bosnia and Herzegovina for any
purpose, including training, support, or delivery of military
equipment.
(212)Page 107, after line 13 insert:
Sec. 8152. (a) Of the funds appropriated under the heading
``Research, Development, Test and Evaluation, Navy'' in title IV of
this Act, $3,900,000 shall be made available only for the Joint Primary
Aircraft Training System (JPATS) program.
(b) Of the funds appropriated under the heading ``Research,
Development, Test and Evaluation, Air Force'' in title IV of this Act,
$37,057,000 shall be made available only for the JPATS program.
(c) Of the funds appropriated under the heading ``Aircraft
Procurement, Air Force'' in title III of this Act, $78,265,000 shall be
made available only for the JPATS program.
(213)Page 107, after line 13 insert:
Sec. 8153. No funds appropriated by this Act may be obligated or
expended during fiscal year 1995 for retiring, or preparing to retire,
any B-52H, B-1B, or F-111 bomber aircraft.
(214)Page 107, strike out lines 14 and 15 and insert:
Titles I through VIII of this Act may be cited as the ``Department
of Defense Appropriations Act, 1995''.
TITLE IX--FISCAL YEAR 1994 SUPPLEMENTAL APPROPRIATION
The following sum is appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September 30,
1994, namely:
DEPARTMENT OF DEFENSE
Management Funds
emergency response fund
For the ``Emergency Response Fund'', $170,000,000: Provided, That
these funds may be used to reimburse appropriations of the Department
of Defense for costs incurred for emergency relief for Rwanda: Provided
further, That the Secretary of State shall provide a report to the
Congress no later than September 1, 1994, as to the burden-sharing
arrangements in the Rwanda relief operation that have been negotiated
and implemented with other nations, and international public and
private organizations, as to both cost and personnel participation,
including armed forces participation: Provided further, That the
Secretary of Defense shall provide assessments to the Congress no later
than September 1, 1994, of (1) any threats to the security of United
States personnel, including armed forces personnel, in the Rwanda
relief operation, and (2) the extent to which the UNAMIR peacekeeping
operation has established a security system within the country of
Rwanda: Provided further, That any change in the mission from one of
strict refugee relief to security, peace-enforcing, nation-building or
any other substantive role, shall not be implemented without the
further approval of the Congress: Provided further, That United States
armed forces shall not participate in relief operations inside Rwanda
until and unless the President has certified to the Congress that the
security situation in the countryside has stabilized to the extent that
United States forces will not play a peacekeeping or peace-enforcing
role between the warring factions inside Rwanda: Provided further, That
no funds are available for United States participation in operations in
or around Rwanda after October 7, 1994: Provided further, That the
President shall provide a plan to the Congress by September 15, 1994,
as to how he will terminate United States involvement in the Rwanda
operation by October 7, 1994, unless an extension of time is approved
by the Congress, and what arrangements have been made for other nations
and international public and private organizations to replace United
States resources and personnel.
(215)Page 107, after line 15 insert:
TITLE X--MEGAN KANKA SEXUALLY VIOLENT PREDATORS ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Megan Kanka Sexually Violent
Predators Act''.
SEC. 1002. FINDINGS.
Congress finds that--
(1) there exists a small but extremely dangerous group of
sexually violent persons who do not have a mental disease or
defect;
(2) persons who are sexually violent predators generally
have antisocial personality features that--
(A) are not amenable to mental illness treatment
modalities in existence on the date of enactment of
this Act; and
(B) render the persons likely to engage in sexually
violent behavior;
(3) the likelihood that sexually violent predators will
repeat acts of predatory sexual violence is high; and
(4) the prognosis for curing sexually violent predators is
poor and the treatment needs of the population of the predators
are very long-term.
SEC. 1003. DEFINITIONS.
As used in this title:
(1) Mental abnormality.--The term ``mental abnormality''
means a congenital or acquired condition of a person that
affects the emotional or volitional capacity of the person in a
manner that predisposes the person to the commission of
criminal sexual acts to a degree that makes the person a menace
to the health and safety of other persons.
(2) Predatory.--The term ``predatory'', with respect to an
act, means an act directed towards a stranger, or a person with
whom a relationship has been established or promoted, for the
primary purpose of victimization.
(3) Sexually violent offense.--The term ``sexually violent
offense'' means an act that is a violation of title 18, United
States Code or State criminal code that--
(A) involves the use or attempted or threatened use
of physical force against the person or property of
another person; and
(B) is determined beyond a reasonable doubt to be
sexually motivated.
(4) Sexually violent predator.--The term ``sexually violent
predator'' means a person who has been convicted of a sexually
violent offense and who suffers from a mental abnormality or
personality disorder that makes the person likely to engage in
predatory sexually violent offenses.
SEC. 1004. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--In accordance with this section, the
Attorney General shall establish guidelines for State programs
to require a sexually violent predator to register a current
address with a designated State law enforcement agency upon
release from prison, being placed on parole, or being placed on
supervised release. The Attorney General shall approve each
State program that complies with the guidelines.
(2) State compliance.--
(A) Implementation date.--A State that does not
implement a program described in paragraph (1) by the
date that is 3 years after the date of enactment of
this Act, and maintain the implementation thereafter,
shall be ineligible for funds in accordance with
subparagraph (B).
(B) Ineligibility for funds.--
(i) In general.--A State that does not
implement the program as described in
subparagraph (A) shall not receive 10 percent
of the funds that would otherwise be allocated
to the State under section 506 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3756).
(ii) Reallocation of funds.--Funds made
available under clause (i) shall be
reallocated, in accordance with such section,
to such States as implement the program as
described in subparagraph (A).
(b) Registration Requirement Upon Release, Parole, or Supervised
Release.--
(1) In general.--An approved State program established in
accordance with this section shall contain the requirements
described in this section.
(2) Determination.--The determination that a person is a
``sexually violent predator'' and the determination that a
person is no longer a ``sexually violent predator'' shall be
made by the sentencing court after receiving a report by a
board of experts on sexual offenses. Each State shall establish
a board composed of experts in the field of the behavior and
treatment of sexual offenders.
(3) Notification.--If a person who is required to register
under this section is anticipated to be released from prison,
paroled, or placed on supervised release, a State prison
officer shall, not later than 90 days before the anticipated
date of the release or commencement of the parole--
(A) inform the person of the duty to register;
(B) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency in
writing not later than 10 days after the change of
address;
(C) obtain the name of the person, identifying
factors, anticipated future residence, offense history,
and documentation of any treatment received for the
mental abnormality or personality disorder of the
person; and
(D) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(4) Transfer of information to state and the fbi.--Not
later than 3 days after the receipt of the information
described in paragraph (3)(C), the officer shall forward the
information to a designated State law enforcement agency. As
soon as practicable after the receipt of the information by the
State law enforcement agency, the agency shall--
(A) enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency that has
jurisdiction over the area in which the person expects
to reside; and
(B) transmit the information to the Identification
Division of the Federal Bureau of Investigation.
(5) Quarterly verification.--
(A) Mailing to person.--Not less than every 90 days
after the date of the release or commencement of parole
of a person required to register under this section,
the designated State law enforcement agency shall mail
a nonforwardable verification form to the last reported
address of the person.
(B) Return of verification form.--
(i) In general.--The person shall return,
by mail, the verification form to the agency
not later than 10 days after the receipt of the
form. The verification form shall be signed by
the person, and shall state that the person
continues to reside at the address last
reported to the designated State law
enforcement agency.
(ii) Failure to return.--If the person
fails to mail the verification form to the
designated State law enforcement agency by the
date that is 10 days after the receipt of the
form by the person, the person shall be in
violation of this section unless the person
proves that the person has not changed the
residence address of the person.
(6) Notification of local law enforcement agencies of
changes in addresses.--Any change of address by a person
required to register under this section that is reported to the
designated State law enforcement agency shall as soon as
practicable be reported to the appropriate law enforcement
agency that has jurisdiction over the area in which the person
is residing.
(7) Penalty.--A person required to register under a State
program established pursuant to this section who knowingly
fails to register and keep the registration current shall be
subject to criminal penalties in the State. It is the sense of
Congress that the penalties should include imprisonment for not
less than 180 days.
(8) Termination of obligation to register.--The obligation
of a person to register under this section shall terminate on a
determination made in accordance with the provision of
paragraph (2) of this section that the person no longer suffers
from a mental abnormality or personality disorder that would
make the person likely to engage in a predatory sexually
violent offense.
(c) Community Notification.--The designated State law enforcement
agency shall release relevant information that is necessary to protect
the public concerning a specific sexually violent predator required to
register under this section.
(d) Immunity for Good Faith Conduct.--Law enforcement agencies,
employees of law enforcement agencies, and State officials shall be
immune from liability for any good faith conduct under this section.
Attest:
Secretary.
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