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 Ω1æPage 2, line 15, strike out ø$20,737,470,000.¿ and

2 insert: $20,629,770,000.

3 SECTION 1. VISAS FOR OFFICIALS OF TAIWAN.—Sec4 tion 4(b)(6) of the Taiwan Relations Act (22 U.S.C.

5 3302(b)(6)) is amended—

6 (1) by inserting ‘‘(A)’’ immediately after ‘‘(6)’’;

7 and

8 (2) by adding at the end the following:

9 ‘‘(B) Whenever the president of Taiwan or any

10 other high-level official of Taiwan shall apply for a

11 temporary visa to visit the United States for the pur12 poses of:

13 ‘‘(i) Discussions with United States Federal

14 or State Government officials concerning trade
2

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1 or business with Taiwan or the reduction of the

2 United States-Taiwan trade deficit;

3 ‘‘(ii) Discussions with United States Fed4 eral or State Government officials concerning

5 nuclear proliferation;

6 ‘‘(iii) Discussions with United States Fed7 eral officials concerning United States national

8 security or the national security of Taiwan; or

9 ‘‘(iv) Discussions with United States Fed10 eral or State Government officials concerning the

11 proviion of humanitarian relief and assistance

12 for regional disasters;

13 The official shall be admitted to the United States,

14 unless the official is otherwise excludable under the

15 immigration laws of the United States.’’.

16 SEC. 2. LIMITATION ON THE USE OF FUNDS FOR THE SAN17 DINISTA POPULAR ARMY AND SECURITY

18 FORCES OF NICARAGUA.

19 None of the funds appropriated under this Act may

20 be obligated or expended for the armed forces or security

21 forces of Nicaragua, and none of the funds appropriated

22 by this Act may be obligated or expended to pay the salaries

23 of United States military personnel to provide assistance

24 for the armed forces or security forces of Nicaragua, until
3

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1 the President determines and certifies to the Congress

2 that—

3 (1) Nicaraguan military officers implicated for

4 committing human rights violations, including those

5 involved in the murders of Enrique Bermudez, Arges

6 Sequeira, and Jean Paul Genie, have been removed or

7 suspended from the military and judicial proceedings

8 have commenced;

9 (2) officers of the Nicaraguan armed forces or se10 curity forces are not involved in the illicit trafficking

11 of military equipment, including those seized by Co12 lombian authorities on the San Andres Islands on

13 July 24, 1994;

14 (3) civilian control over the military and secu15 rity forces, including control over the budget and ex16 penditures of such forces, has been clearly established;

17 and

18 (4) there has been a full and independent inves19 tigation conducted relating to issues raised by the

20 May 23, 1993 discovery of the Santa Rosa arms cache

21 of the existence of a terrorist/kidnapping ring and

22 any individuals identified by the investigation as

23 being part of such ring are being prosecuted.

24 Ω2æPage 3, line 3, strike out ø$17,692,537,000¿ and in25 sert: $17,638,483,000
4

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1 Ω3æPage 3, line 15, strike out ø$5,816,671,000¿ and in2 sert: $5,806,471,000

3 Ω4æPage 4, line 3, strike out ø$17,311,379,000¿ and in4 sert: $17,031,179,000

5 Ω5æPage 4, line 17, strike out ø$2,183,620,000¿ and in6 sert: $2,178,620,000

7 Ω6æPage 5, line 5, strike out ø$1,398,609,000¿ and in8 sert: $1,418,723,000

9 Ω7æPage 5, line 19, strike out ø$354,048,000¿ and in10 sert: $351,098,000

11 Ω8æPage 6, line 8, strike out ø$782,434,000¿ and insert:

12 $774,834,000

13 Ω9æPage 6, line 22, strike out ø$3,378,705,000¿ and in14 sert: $3,371,605,000

15 Ω10æPage 7, line 10, strike out ø$1,238,029,000¿ and

16 insert: $1,244,729,000

17 Ω11æPage 7, line 22, strike out ø$17,836,504,000¿ and

18 insert: $17,475,806,000

19 Ω12æPage 7, line 22, strike out all after

20 ‘‘$17,836,504,000’’ down to and including ‘‘1996’’ in line

21 24
5

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1 Ω13æPage 8, line 1, strike out all after ‘‘Fund’’ down

2 to and including ‘‘law’’ in line 9 and insert: : Provided,

3 That of the funds appropriated under this heading, not less

4 than $5,000,000 shall be made available only for payment

5 to the DOD 50th Anniversary of World War II Commemo6 ration Appropriation

7 Ω14æPage 8, line 19, strike out ø$21,316,555,000¿ and

8 insert: $21,275,770,000

9 Ω15æPage 8, line 19, strike out all after

10 ‘‘$21,316,555,000’’ down to and including ‘‘1996’’ in line

11 21

12 Ω16æPage 8, line 23, strike out all after ‘‘Fund’’ over

13 to and including ‘‘law’’ in line 2 on page 9 and insert:

14 : Provided, That of the funds appropriated under this head15 ing, not less than $2,436,700,000 shall be made available

16 for depot maintenance, repair and overhaul of United

17 States Navy ships prior to September 30, 1995

18 Ω17æPage 9, line 2, after ‘‘law’’ insert: : Provided further,

19 That of the funds appropriated under this heading, not less

20 than $39,674,000 shall be made available only for the Pa21 cific Missile Range Facility, Hawaii

22 Ω18æPage 9, line 2, after ‘‘law’’ insert: : Provided further,

23 That of the funds appropriated under this heading, not less
6

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1 than $1,000,000 shall be made available only for environ2 mental hazard response and remediation activities at facili3 ties owned by the Department of the Navy at the Derecktor

4 Shipyard, Newport, Rhode Island

5 Ω19æPage 9, line 6, strike out ø$2,097,395,000¿ and in6 sert: $1,968,965,000

7 Ω20æPage 9, line 6, strike out all after

8 ‘‘$2,097,395,000’’ down to and including ‘‘law’’ in line 11

9 Ω21æPage 9, line 21, strike out ø$18,913,050,000¿ and

10 insert: $18,786,243,000

11 Ω22æPage 9, line 21, strike out all after

12 ‘‘$18,913,050,000’’ down to and including ‘‘1996’’ in line

13 23

14 Ω23æPage 9, line 25, strike out all after ‘‘Fund’’ over

15 to and including ‘‘law’’ in line 2 on page 10

16 Ω24æPage 10, line 2, after ‘‘law’’ insert: : Provided, That,

17 of the amount appropriated under this paragraph, not less

18 than $8,000,000 shall be available only for the upgrading

19 of the Air Force’s Core Automated Maintenance System/Re20 liability and Maintainability Information System (CAMS/

21 REMIS)

22 Ω25æPage 10, after line 3 insert:
7

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1 (INCLUDING TRANSFER OF FUNDS)

2 Ω26æPage 10, line 7, strike out ø$8,945,266,000¿ and

3 insert: $9,986,654,000 and, in addition, $100,000,000 shall

4 be derived by transfer from the National Defense Stockpile

5 Transaction Fund

6 Ω27æPage 10, line 14, after ‘‘purposes’’ insert: : Pro7 vided, That of the funds appropriated under this heading,

8 $20,000,000 shall be made available only for the repair and

9 maintenance of federally owned education facilities located

10 on military installations

11 Ω28æPage 10, line 22, strike out ø$1,240,109,000¿ and

12 insert: $1,253,709,000

13 Ω29æPage 10, line 22, after ‘‘$1,240,109,000’’ insert: :

14 Provided further, That the Undersecretary of Defense for

15 Policy, shall, not later than October 15, 1994, transmit, in

16 unclassified and classified forms, the Rand Corporation

17 Study, published on or about December 1993, on The Unit18 ed States Role in Possible Middle East Peace Settlements

19 to the congressional defense, intelligence and foreign affairs

20 committees

21 Ω30æPage 11, line 5, strike out ø$834,119,000¿ and in22 sert: $827,819,000
8

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1 Ω31æPage 11, line 5, strike out all after ‘‘$834,119,000’’

2 down to and including ‘‘law’’ in line 7

3 Ω32æPage 11, line 16, strike out ø$83,542,000¿ and in4 sert: $80,562,000

5 Ω33æPage 11, line 16, strike out all after ‘‘$83,542,000’’

6 down to and including ‘‘law’’ in line 18

7 Ω34æPage 12, line 1, strike out ø$1,486,805,000¿ and

8 insert: $1,455,872,000

9 Ω35æPage 12, line 1, strike out all after

10 ‘‘$1,486,805,000’’ down to and including ‘‘law’’ in line 4

11 Ω36æPage 12, line 21, strike out ø$2,498,868,000¿ and

12 insert: $2,442,135,000

13 Ω37æPage 12, line 21, strike out all after

14 ‘‘$2,498,868,000’’ over to and including ‘‘law’’ in line 2

15 on page 13

16 Ω38æPage 13, line 22, strike out ø$2,797,978,000¿ and

17 insert: $2,780,178,000

18 Ω39æPage 13, line 23, strike out ø$1,500,000¿ and in19 sert: $9,200,000
9

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1 Ω40æPage 14, line 1, after ‘‘Group’’ insert: , the 146th

2 Airlift Wing, and the South Carolina Air National Guard

3 169th Fighter Group unit

4 Ω41æPage 14, line 1, strike out all after ‘‘Group’’ down

5 to and including ‘‘law’’ in line 3

6 Ω42æPage 15, line 5, strike out ø$1,880,200,000¿ and

7 insert: $2,034,075,000

8 Ω43æPage 15, strike out all after line 21 over to and

9 including line 9 on page 16 and insert:

10 SUMMER OLYMPICS

11 For logistical support and personnel services (other

12 than pay and non-travel-related allowances of members of

13 the Armed Forces of the United States, except for members

14 of the reserve components thereof called or ordered to active

15 duty to provide support for the 1996 Games of the XXVI

16 Olympiad to be held in Atlanta, Georgia) provided by any

17 component of the Department of Defense to the 1996 Games

18 of the XXVI Olympiad; $10,000,000.

19 1995 SPECIAL OLYMPICS WORLD GAMES

20 For logistical support and personnel services (other

21 than pay and non-travel-related allowances of members of

22 the Armed Forces of the United States, except for members

23 of the reserve components thereof called or ordered to active

24 duty to provide support for the 1995 Special Olympics
10

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1 World Games to be held in New Haven, Connecticut) pro2 vided by any component of the Department of Defense to

3 the 1995 Special Olympics World Games; $3,000,000.

4 Ω44æPage 16, line 17, strike out ø$60,000,000¿ and in5 sert: $71,900,000

6 Ω45æPage 16, line 18, strike out ø$12,000,000¿ and in7 sert: $10,000,000

8 Ω46æPage 16, after line 20 insert:

9 FORMER SOVIET UNION THREAT REDUCTION

10 For assistance to the republics of the former Soviet

11 Union, including assistance provided by contract or by

12 grants, for facilitating the elimination and the safe and se13 cure transportation and storage of nuclear, chemical and

14 other weapons; for providing incentives for demilitariza15 tion; for establishing programs to prevent the proliferation

16 of weapons, weapons components, and weapons-related tech17 nology and expertise; for expansion of military-to-military

18 contacts; for supporting the conversion of military tech19 nologies and capabilities into civilian activities; and for re20 training military personnel of the former Soviet Union;

21 $400,000,000 to remain available until expended: Provided,

22 That of the funds appropriated under this heading,

23 $10,000,000 shall be made available only for the continuing

24 study, assessment, and identification of nuclear waste dis-
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1 posal by the former Soviet Union in the Arctic and North

2 Pacific regions.

3 Ω47æPage 16, after line 20 insert:

4 REAL PROPERTY MAINTENANCE, DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For the maintenance of real property of the Depart7 ment of Defense, in addition to amounts provided for this

8 purpose under other headings of this title of this Act,

9 $500,000,000 to remain available for obligation until July

10 1, 1995: Provided, That such funds shall be available only

11 for repairing property which has been defined by the De12 partment of Defense as part of a backlog of maintenance

13 and repair projects in the justification material accom14 panying the President’s budget request for fiscal year 1995:

15 Provided further, That such funds shall be allocated by the

16 Comptroller, Department of Defense for the projects deter17 mined by the military components as the highest priority

18 for repair.

19 Ω48æPage 17, line 11, strike out ø$1,264,198,000¿ and

20 insert: $1,062,581,000

21 Ω49æPage 17, line 12, after ‘‘1997’’ insert: : Provided,

22 That the Secretary of the Army will report to the House

23 and Senate Committees on Appropriations the doctrine, or-
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1 ganization and mission statement for the High Capacity

2 Air Ambulance concept not later than May 15, 1995

3 Ω50æPage 18, line 1, strike out ø$728,095,000¿ and in4 sert: $707,895,000

5 Ω51æPage 18, line 2, strike out all after ‘‘1997’’ down

6 to and including ‘‘law’’ in line 4

7 Ω52æPage 18, line 19, strike out ø$1,001,873,000¿ and

8 insert: $1,129,514,000

9 Ω53æPage 18, line 20, strike out all after ‘‘1997’’ down

10 to and including ‘‘law’’ in line 22

11 Ω54æPage 19, line 11, strike out ø$1,274,644,000¿ and

12 insert: $877,761,000

13 Ω55æPage 19, line 17, strike out all after ‘‘gram’’ down

14 to and including ‘‘law’’ in line 19

15 Ω56æPage 19, line 19, after ‘‘law’’ insert: : Provided fur16 ther, That notwithstanding any other provision of law, of

17 the amounts appropriated for the ARMS program in ‘‘Pro18 curement of Ammunition, Army, 1993/1995’’, up to

19 $2,500,000 shall be made available to the William Langer

20 Plant for capital investment, operations, and such other ex21 penditures as may be necessary to maintain the Plant as

22 a going concern while it is being excessed under the provi-
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1 sions of the Federal Property and Administrative Services

2 Act

3 Ω57æPage 20, line 9, strike out ø$2,348,806,000¿ and

4 insert: $2,646,048,000

5 Ω58æPage 20, line 22, strike out ø$4,820,442,000¿ and

6 insert: $4,531,789,000

7 Ω59æPage 20, line 23, strike out all after ‘‘1997’’ down

8 to and including ‘‘law’’ in line 25

9 Ω60æPage 21, line 12, strike out ø$1,969,336,000¿ and

10 insert: $1,858,200,000

11 Ω61æPage 21, line 13, strike out all after ‘‘1997’’ down

12 to and including ‘‘law’’ in line 15 and insert: : Provided,

13 That, in addition to the foregoing purposes, funds appro14 priated under this heading shall be available to liquidate

15 deficiencies in appropriations provided under this heading

16 in prior Department of Defense appropriations Acts with17 out regard to any provision of law limiting or restricting

18 amounts which may be charged to currently available ap19 propriations with respect to funds provided in prior appro20 priations Acts

21 Ω62æPage 22, line 5, strike out all after ‘‘purposes;’’

22 down to and including ‘‘$493,810,000’’ in line 8 and in23 sert: $432,815,000
14

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1 Ω63æPage 22, line 9, strike out all after ‘‘1997’’ down

2 to and including ‘‘law’’ in line 11

3 Ω64æPage 23, line 1, strike out ø$2,446,958,000¿ and

4 insert: $2,284,925,000

5 Ω65æPage 23, after line 1 insert:

6 CVN Refuelings, $38,328,000;

7 Ω66æPage 23, line 2, strike out ø$2,607,690,000¿ and

8 insert: $2,660,690,000

9 Ω67æPage 23, line 4, after ‘‘$50,000,000’’ insert: : Pro10 vided, That such funds shall not be obligated or expended

11 until such time that there are sufficient funds made avail12 able for the LHD ship program to execute an existing con13 tract option or any extension thereto for LHD–7: Provided

14 further, That such funds shall not be transferred, repro15 grammed, or used for any purpose other than the LHD ship

16 program: Provided further, That such funds shall remain

17 available for obligation until expended: Provided further,

18 That the Secretary of the Navy shall extend this existing

19 contract option for the LHD–7 ship for not less than one

20 year and shall negotiate any change in option price made

21 necessary by such extension

22 Ω68æPage 23, strike out lines 5 to 8

23 Ω69æPage 23, line 9, strike out øconversions,¿
15

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1 Ω70æPage 23, line 10, strike out ø$357,521,000¿ and

2 insert: $349,031,000

3 Ω71æPage 23, after line 10 insert:

4 For escalation, $146,000,000;

5 Ω72æPage 23, line 11, strike out ø$5,471,369,000¿ and

6 insert: $5,528,974,000

7 Ω73æPage 24, line 16, strike out ø$3,271,088,000¿ and

8 insert: $3,309,698,000

9 Ω74æPage 24, line 17, strike out all after ‘‘1997’’ down

10 to and including ‘‘law’’ in line 19

11 Ω75æPage 24, line 19, after ‘‘law’’ insert: : Provided,

12 That of the funds appropriated in this paragraph, up to

13 $10,500,000 may be used for the procurement of command,

14 control, communications, and computer equipment for a

15 Joint Training, Analysis and Simulation Center for the

16 United States Atlantic Command

17 Ω76æPage 24, line 19, after ‘‘law’’ insert: : Provided,

18 That of the funds appropriated under this heading, not less

19 than $30,100,000 shall be made available only for the Pa20 cific Missile Range Facility, Hawaii

21 Ω77æPage 25, line 7, strike out ø$452,178,000¿ and in22 sert: $403,410,000
16

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1 Ω78æPage 25, line 8, strike out all after ‘‘1997’’ down

2 to and including ‘‘law’’ in line 11

3 Ω79æPage 26, line 1, strike out ø$6,182,199,000¿ and

4 insert: $6,571,524,000

5 Ω80æPage 26, line 2, strike out all after ‘‘1997’’ down

6 to and including ‘‘law’’ in line 12

7 Ω81æPage 27, line 1, strike out ø$2,758,285,000¿ and

8 insert: $3,620,055,000

9 Ω82æPage 27, line 16, strike out ø$278,681,000¿ and

10 insert: $283,173,000

11 Ω83æPage 27, line 17, strike out all after ‘‘1997’’ down

12 to and including ‘‘law’’ in line 19

13 Ω84æPage 28, line 8, strike out ø$6,886,613,000¿ and

14 insert: $6,897,696,000

15 Ω85æPage 28, line 9, strike out all after ‘‘1997’’ down

16 to and including ‘‘law’’ in line 12

17 Ω86æPage 29, line 1, strike out ø$3,020,616,000¿ and

18 insert: $1,894,916,000

19 Ω87æPage 29, line 2, strike out all after ‘‘1997’’ down

20 to and including ‘‘law’’ in line 5
17

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1 Ω88æPage 29, line 5, after ‘‘law’’ insert: : Provided, That

2 of the amount appropriated in this paragraph, $7,000,000

3 shall be made available only for the procurement of the

4 Common Automatic Recovery System for the Pioneer Un5 manned Aerial Vehicle System

6 Ω89æPage 29, line 10, strike out ø$796,200,000¿ and

7 insert: $952,000,000

8 Ω90æPage 29, line 11, strike out all after ‘‘1997’’ down

9 to and including ‘‘law’’ in line 13

10 Ω91æPage 29, line 23, strike out ø$5,456,498,000¿ and

11 insert: $5,304,329,000

12 Ω92æPage 29, line 24, strike out all after ‘‘1996’’ over

13 to and including ‘‘law’’ in line 2 on page 30

14 Ω93æPage 30, line 9, strike out ø$8,598,958,000¿ and

15 insert: $8,790,331,000

16 Ω94æPage 30, line 10, strike out all after ‘‘1996’’ over

17 to and including ‘‘ship’’ in line 25 on page 31

18 Ω95æPage 31, line 25, after ‘‘ship’’ insert: : Provided fur19 ther, That of the amount of funds appropriated under this

20 paragraph to be allocated to the aircraft technology pro21 gram element, $5,000,000 of this amount may only be obli-
18

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1 gated for the completion of Phase I of the Vectored Thrust

2 Combat Agility Demonstrator

3 Ω96æPage 32, line 7, strike out ø$10,728,533,000¿ and

4 insert: $12,151,011,000

5 Ω97æPage 32, line 8, strike out all after ‘‘1996’’ down

6 to and including ‘‘(NCMS)’’ in line 16 and insert: : Pro7 vided, That of the funds appropriated in this paragraph,

8 not less than $13,000,000 of the funds in the Advanced

9 Weapons program element shall be made available only to

10 continue the establishment and operation of an image infor11 mation processing center supporting the Air Force Maui

12 Space Surveillance Site (MSSS)

13 Ω98æPage 32, line 16, after ‘‘(NCMS)’’ insert: : Provided

14 further, That of the funds appropriated in this paragraph,

15 $2,800,000 shall be made available only for the F–111

16 Squadrons program element

17 Ω99æPage 32, after line 18 insert:

18 (INCLUDING TRANSFER OF FUNDS)

19 Ω100æPage 33, line 1, strike out ø$9,419,955,000¿ and

20 insert: $8,922,649,000

21 Ω101æPage 33, line 2, strike out all after ‘‘1996’’ down

22 to and including ‘‘vehicle’’ in line 11 and insert: : Provided,

23 That $27,400,000 shall be available for transfer to the
19

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1 Small Business Administration to cover the costs (as de2 fined in section 502(5) of the Federal Credit Reform Act

3 of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued pur4 suant to subsection (b)(3) of such section

5 Ω102æPage 33, line 11, after ‘‘vehicle’’ insert: : Provided

6 further, That, of the funds made available under this head7 ing, $5,600,000 shall be made available for the Integrated

8 Product and Process Development Program

9 Ω103æPage 33, line 11, after ‘‘vehicle’’ insert: : Provided

10 further, That of the funds appropriated in this paragraph,

11 not less than $2,000,000 shall be made available for Inter12 national Cooperative projects to be funded under the

13 Counterterror Technical Support program element

14 Ω104æPage 33, line 18, strike out ø$251,495,000¿ and

15 insert: $224,353,000

16 Ω105æPage 34, line 9, strike out ø$1,090,438,000¿ and

17 insert: $789,400,000

18 Ω106æPage 34, strike out line 11

19 Ω107æPage 34, line 13, strike out ø$858,600,000¿ and

20 insert: $828,600,000

21 Ω108æPage 34, line 14, strike out all after ‘‘expended’’

22 over to and including ‘‘law’’ in line 12 on page 35 and
20

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1 insert: : Provided, That not to exceed $43,000,000 may be

2 used for the purchase or construction of vessels for the

3 Ready Reserve Force component of the National Defense Re4 serve Fleet, as established by section 11 of the Merchant

5 Ship Sales Act of 1946 (50 U.S.C. App. 1744)

6 Ω109æPage 35, line 12, after ‘‘law’’ insert: : Provided

7 further, That the Secretary of Defense shall provide a rec8 ommendation for additional funding from the Department

9 of Defense to finance shipbuilding loan guarantees under

10 title XI of the Merchant Marine Act of 1936 (46 App.

11 U.S.C. 1271)

12 Ω110æPage 35, line 18, strike out ø$9,895,159,000¿ and

13 insert: $9,808,239,000

14 Ω111æPage 35, line 19, strike out ø$9,577,770,000¿ and

15 insert: $9,499,350,000

16 Ω112æPage 35, line 20, strike out ø$317,389,000¿ and

17 insert: $308,889,000

18 Ω113æPage 36, line 7, strike out all after ‘‘Mexico’’ down

19 to and including ‘‘law’’ in line 10 and insert: : Provided

20 further, That of the funds appropriated under this heading,

21 $5,000,000 shall be made available only for nursing re22 search: Provided further, That of the funds appropriated

23 under this heading, $14,500,000 shall be made available for
21

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1 obtaining emergency communications services for members

2 of the Armed Forces and their families from the American

3 National Red Cross as authorized by law: Provided further,

4 That until the end of September 30, 1995, the Secretary

5 of the Air Force shall, through contract or otherwise, con6 tinue to provide primary health care in the base hospital

7 at Plattsburgh Air Force Base, New York, to persons enti8 tled to health care in facilities of the uniformed services

9 Ω114æPage 36, line 19, strike out ø$562,949,000¿ and

10 insert: $590,149,000

11 Ω115æPage 36, line 20, strike out ø$345,784,000¿ and

12 insert: $363,584,000

13 Ω116æPage 36, line 21, strike out ø$196,465,000¿ and

14 insert: $215,265,000

15 Ω117æPage 36, line 22, strike out ø$20,700,000¿ and

16 insert: $11,300,000

17 Ω118æPage 37, line 10, strike out ø$713,053,000¿ and

18 insert: $700,100,000, of which $10,000,000 is hereby trans19 ferred to the ‘‘Military Construction, Navy’’ appropriation

20 for construction of a Relocatable Over-the-Horizon Radar

21 in Puerto Rico

22 Ω119æPage 37, line 20, strike out ø$142,098,000¿ and

23 insert: $140,872,000
22

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1 Ω120æPage 37, line 21, strike out ø$141,098,000¿ and

2 insert: $139,872,000

3 Ω121æPage 38, strike out lines 4 to 24

4 Ω122æPage 39, strike out all including line 1 over to and

5 including line 2 on page 40

6 Ω123æPage 40, strike out line 4 and insert:

7 RELATED AGENCIES

8 Ω124æPage 40, after line 11 and insert:

9 NATIONAL SECURITY EDUCATION TRUST FUND

10 For the purposes of title VIII of Public Law 102–183,

11 $8,500,000 to be derived from the National Security Edu12 cation Trust Fund, to remain available until expended.

13 Ω125æPage 40, line 14, strike out ø$83,084,000¿ and

14 insert: $105,084,000

15 Ω126æPage 40, after line 18 insert:

16 KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

17 ENVIRONMENTAL RESTORATION TRUST FUND

18 For payment to the Kaho’olawe Island Conveyance,

19 Remediation, and Environmental Restoration Trust Fund,

20 as authorized by law, $50,000,000 to remain available until

21 expended.
23

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1 Ω127æPage 46, line 16, after ‘‘procurement’’ insert:

2 Funds appropriated in title III of this Act may be used

3 for multiyear procurement contracts as follows: MK19–3

4 grenade machine guns; M16A2 rifles; M249 squad auto5 matic weapons; and M4 carbine rifles for the Army.

6 Ω128æPage 47, strike out lines 18 to 25 and insert:

7 SEC. 8012. Notwithstanding any other provision of

8 law, a qualified Indian Tribal corporation or Alaska Native

9 Corporation furnishing the product of a responsible small

10 business concern shall not be denied the opportunity to com11 pete for and be awarded a procurement contract pursuant

12 to section 2323 of title 10, United States Code, solely be13 cause the Indian Tribal corporation or Alaska Native Cor14 poration is not the actual manufacturer or processor of the

15 product to be supplied under the contract.

16 Ω129æPage 48, strike out lines 1 to 18 and insert:

17 SEC. 8013. Notwithstanding any other provision of

18 law, none of the funds made available by this Act shall be

19 used by the Department of Defense to exceed, outside the

20 fifty United States, its territories, and the District of Co21 lumbia, 125,000 civilian workyears: Provided, That

22 workyears shall be applied as defined in the Federal Person23 nel Manual: Provided further, That workyears expended in

24 dependent student hiring programs for disadvantaged

25 youths shall not be included in this workyear limitation.
24

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1 Ω130æPage 49, line 18, strike out øand hereafter¿

2 Ω131æPage 52, strike out all after line 16 over to and

3 including line 22 on page 53 and insert:

4 SEC. 8021. Funds appropriated in title III of this Act

5 for the Department of Defense Pilot Mentor-Protege Pro6 gram may be transferred to any other appropriation con7 tained in this Act solely for the purpose of implementing

8 a Mentor-Protege Program developmental assistance agree9 ment pursuant to section 831 of the National Defense Au10 thorization Act for Fiscal Year 1991 (Public Law 101–510;

11 10 U.S.C. 2301 note), as amended, under the authority of

12 this provision or any other transfer authority contained in

13 this Act.

14 Ω132æPage 54, line 4, after ‘‘forces‘‘ insert: : Provided,

15 That none of the funds appropriated or made available in

16 this Act may be used to inactivate, disestablish, or dis17 continue the Navy’s Craft of Opportunity Program

18 Ω133æPage 54, line 5, strike out all after ‘‘8023.’’ down

19 to and including ‘‘none’’ in line 10 and insert: None

20 Ω134æPage 55, strike out all after line 23 over to and

21 including line 9 on page 58 and insert:

22 SEC. 8025. Of the funds made available by this Act

23 in title III, Procurement, $8,000,000, drawn pro rata from

24 each appropriations account in title III, shall be available
25

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1 for incentive payments authorized by section 504 of the In2 dian Financing Act of 1974, 25 U.S.C. 1544. These pay3 ments shall be available only to contractors which have sub4 mitted subcontracting plans pursuant to 15 U.S.C. 637(d),

5 and according to regulations which shall be promulgated

6 by the Secretary of Defense within 90 days of the passage

7 of this Act.

8 Ω135æPage 58, strike out after line 9 over to and includ9 ing line 8 on page 59 and insert:

10 SEC. 8026. During the current fiscal year, none of the

11 funds available to the Department of Defense may be used

12 to procure or acquire (1) defensive handguns or defensive

13 handgun ammunition unless such handguns or handgun

14 ammunition are the M9 9mm Department of Defense stand15 ard handgun or ammunition for such handguns, or (2) of16 fensive handguns and ammunition except for the Special

17 Operations Forces: Provided, That the foregoing shall not

18 apply to handguns for marksmanship competitions.

19 Ω136æPage 61, strike out all after line 16 over to and

20 including line 2 on page 62 and insert:

21 SEC. 8030. Notwithstanding any other provision of

22 law, none of the funds appropriated in this Act may be

23 used to purchase, install, replace, or otherwise repair any

24 lock on a safe or security container which protects informa25 tion critical to national security or any other classified ma-
26

HR 4650 EAS

1 terials and which has not been certified as passing the secu2 rity lock specifications contained in regulation FF–L–2740

3 dated October 12, 1989, and has not passed all testing cri4 teria and procedures established through February 28,

5 1992: Provided, That the Director of Central Intelligence

6 may waive this provision, on a case-by-case basis only,

7 upon certification that the above cited locks are not ade8 quate for the protection of sensitive intelligence informa9 tion.

10 Ω137æPage 62, strike out all after line 8 over to and

11 including line 2 on page 64 and insert:

12 SEC. 8032. Notwithstanding any other provision of

13 law, funds available to the Department of Defense shall be

14 made available to provide transportation of medical sup15 plies and equipment, on a nonreimbursable basis, to Amer16 ican Samoa: Provided, That notwithstanding any other

17 provision of law, funds available to the Department of De18 fense shall be made available to provide transportation of

19 medical supplies and equipment, on a nonreimbursable

20 basis, to the Indian Health Service when it is in conjunc21 tion with a civil-military project.

22 Ω138æPage 67, strike out lines 12 to 24 and insert:

23 SEC. 8041. Notwithstanding any other provision of

24 law, each contract awarded by the Department of Defense

25 in fiscal year 1995 for construction or service performed
27

HR 4650 EAS

1 in whole or in part in a State which is not contiguous with

2 another State and has an unemployment rate in excess of

3 the national average rate of unemployment as determined

4 by the Secretary of Labor shall include a provision requir5 ing the contractor to employ, for the purpose of performing

6 that portion of the contract in such State that is not contig7 uous with another State, individuals who are residents of

8 such State and who, in the case of any craft or trade, pos9 sess or would be able to acquire promptly the necessary

10 skills: Provided, That the Secretary of Defense may waive

11 the requirements of this section in the interest of national

12 security.

13 Ω139æPage 70, line 4, strike out ø$24,565,000¿ and in14 sert: $19,917,000

15 Ω140æPage 70, line 5, strike out ø$13,105,000¿ and in16 sert: $10,410,000

17 Ω141æPage 71, strike out lines 16 to 23 and insert:

18 SEC. 8050. None of the funds available to the Depart19 ment of Defense during fiscal year 1995 may be obligated

20 for low rate initial production of the ALR–67(V)3 Ad21 vanced Special Receiver (ASR) until 30 days after the con22 gressional defense committees have received the following:

23 (1) A certification by the Director, Operational

24 Test and Evaluation, Defense, that, based on the re-
28

HR 4650 EAS

1 sults of the joint Developmental Test/Operational Test

2 flight tests and of the Operational Assessment in3 tended to address the readiness of the ASR for low

4 rate initial production, ASR is potentially operation5 ally effective and potentially operationally suitable

6 and ready to enter low rate initial production;

7 (2) A comprehensive report by the Commander,

8 Navy Operational Test and Evaluation Force as to

9 the test objectives and results of the joint Developmen10 tal Test/Operational Test flight tests and of the Oper11 ational Assessment intended to address the readiness

12 of the ASR for low rate initial production;

13 (3) A comprehensive report by the Assistant Sec14 retary of the Navy (Research, Development and Ac15 quisition) as to the test objectives and results of the

16 Developmental Flight Tests and Technical Evalua17 tion, along with her certification that, based on these

18 results, the ASR is ready to enter low rate initial

19 production.

20 Ω142æPage 72, line 5, strike out øand hereafter¿

21 Ω143æPage 73, strike out all after line 12 over to and

22 including line 12 on page 74 and insert:

23 SEC. 8054. (a) Funds appropriated in this Act to fi24 nance activities of Department of Defense (DOD) Federally

25 Funded Research and Development Centers (FFRDCs) may
29

HR 4650 EAS

1 not be obligated or expended for a FFRDC if a member

2 of its Board of Directors or Trustees simultaneously serves

3 on the Board of Directors or Trustees of a profit-making

4 company under contract to the Department of Defense un5 less the FFRDC has a DOD approved conflict of interest

6 policy for its members.

7 (b) None of the funds appropriated in this Act are

8 available to establish a new FFRDC, either as a new entity,

9 or as a separate entity administered by an organization

10 managing another FFRDC, or as a nonprofit membership

11 corporation consisting of a consortium of other FFRDCs

12 and other nonprofit entities.

13 (c) The Secretary of Defense may not obligate more

14 than one-half of the funds available for each defense

15 FFRDC, and more than one-half of the total amount avail16 able for defense FFRDCs, until the Congressional defense

17 committees receive a copy of the revised and updated DOD

18 master plan for FFRDCs: Provided, That the master plan

19 submitted in compliance with this subsection shall contain

20 annual funding and manpower ceilings for each defense

21 FFRDC and each subcomponent of a defense FFRDC iden22 tified as separate sub-entity due to the significantly unique

23 nature of its functions.

24 (d) LIMITATION ON COMPENSATION.—No employee or

25 executive officer of a defense FFRDC may be compensated
30

HR 4650 EAS

1 at a rate exceeding Executive Schedule Level I by that

2 FFRDC: Provided, That the restriction contained in this

3 subsection shall not take effect until July 1, 1995.

4 (e) LIMITATION ON COMPENSATION.—No member of a

5 Board of Directors, Trustees, Overseers, Advisory Group,

6 Special Issues Panel, Visiting Committee, or any similar

7 entity of a defense FFRDC may be compensated for his or

8 her services as a member of such entity except under the

9 same conditions, and to the same extent, as members of the

10 Defense Science Board: Provided, That a member of any

11 such entity shall be allowed travel expenses and per diem

12 as authorized under the Federal Joint Travel Regulations,

13 when engaged in the performance of membership duties:

14 Provided further, That the restriction contained in this sub15 section shall not take effect until July 1, 1995.

16 (f) ELIMINATION OF FEE.—None of the funds available

17 to the Department of Defense from any source during fiscal

18 year 1995 may be obligated to pay any fee to a defense

19 FFRDC.

20 (g) None of the funds available to the Department of

21 Defense from any source during fiscal year 1995 may be

22 used by a defense FFRDC for any purpose which otherwise

23 is not reimbursable under federal or Department of Defense

24 acquisition regulations: Provided, That the restriction con25 tained in this subsection shall also apply to cost sharing
31

HR 4650 EAS

1 for projects funded by government grants, absorption of con2 tract overruns, and costs necessary to pay the costs of doing

3 business in advance of reimbursement.

4 (h) Notwithstanding any other provision of law, of the

5 amounts available to the Department of Defense during fis6 cal year 1995, not more than $1,300,000,000 may be obli7 gated for financing activities of FFRDCs: Provided, That

8 the total amount appropriated in title IV of this Act is here9 by reduced by $52,650,000 to reflect the funding ceiling con10 tained in this subsection.

11 (i) The total amount appropriated to or for the use

12 of the Department of Defense in title IV of this Act is re13 duced by an additional $62,634,000 to reflect savings from

14 the decreased use of non-FFRDC consulting services by the

15 Department of Defense.

16 (j) The total amount appropriated to or for the use

17 of the Department of Defense in title IV of this Act is re18 duced by an additional $19,055,000 to reflect savings from

19 the decreased use of major non-profit federally-funded re20 search institutions and university-affiliated research cen21 ters by the Department of Defense.

22 Ω144æPage 74, strike out all after line 12 over to and

23 including line 8 on page 75 and insert:

24 SEC. 8055. None of the unobligated balances available

25 in the National Defense Stockpile Transaction Fund during
32

HR 4650 EAS

1 the current fiscal year may be obligated or expended to fi2 nance any grant or contract to conduct research, develop3 ment, test and evaluation activities for the development or

4 production of advanced materials, unless amounts for such

5 purposes are specifically appropriated in a subsequent ap6 propriations Act.

7 Ω145æPage 76, strike out all after line 3 over to and

8 including line 9 on page 77 and insert:

9 SEC. 8058. None of the funds appropriated by this Act

10 shall be used for the support of any nonappropriated funds

11 activity of the Department of Defense that procures malt

12 beverages and wine with nonappropriated funds for resale

13 (including such alcoholic beverages sold by the drink) on

14 a military installation located in the United States unless

15 such malt beverages and wine are procured within that

16 State, or in the case of the District of Columbia, within

17 the District of Columbia, in which the military installation

18 is located: Provided, That in a case in which the military

19 installation is located in more than one State, purchases

20 may be made in any State in which the installation is lo21 cated: Provided further, That such local procurement re22 quirements for malt beverages and wine shall apply to all

23 alcoholic beverages only for military installations in States

24 which are not contiguous with another State: Provided fur25 ther, That alcoholic beverages other than wine and malt bev-
33

HR 4650 EAS

1 erages, in contiguous States and the District of Columbia

2 shall be procured from the most competitive source, price

3 and other factors considered.

4 Ω146æPage 81, lines 7 and 8, strike out øand thereafter¿

5 Ω147æPage 81, strike out all after line 23 over to and

6 including line 8 on page 82 and insert:

7 SEC. 8064. Notwithstanding any other provision of

8 law, any statutorily-required analysis of the impact on the

9 defense technology and industrial base of terminations and

10 significant reductions of major research and development

11 programs and procurement programs of the Department of

12 Defense shall address only those actions recommended by

13 the Defense Department in its annual budget request and

14 amendments thereto, supplemental requests, or proposed re15 scissions.

16 Ω148æPage 83, line 22, strike out ø$329,000,000¿ and

17 insert: $296,000,000

18 Ω149æPage 83, line 22, strike out ø$300,000,000¿ and

19 insert: $270,000,000

20 Ω150æPage 85, lines 4 and 5, strike out øand thereafter¿

21 Ω151æPage 85, strike out lines 10 to 14 and insert:

22 SEC. 8074. Of the funds appropriated or otherwise

23 made available by this Act, not more than $119,200,000
34

HR 4650 EAS

1 shall be available for payment of the operating costs of

2 NATO Headquarters.

3 Ω152æPage 85, strike out all after line 14 over to and

4 including line 2 on page 86 and insert:

5 SEC. 8075. None of the funds available to the Depart6 ment of the Air Force shall be available to establish or sup7 port any organic depot maintenance support activity for

8 the B–2 bomber until the Under Secretary of Defense, Ac9 quisition and Technology reviews the existing infrastruc10 ture for the private sector and Air Force Depot support and

11 maintenance of the B–2 and reports to the Congressional

12 Defense Committees the most efficient and cost effective uti13 lization of public and private facilities to support the B–

14 2.

15 Ω153æPage 86, lines 8 and 9, strike out øand thereafter¿

16 Ω154æPage 87, line 23, strike out øcountry¿ and insert:

17 United States

18 Ω155æPage 88, strike out lines 9 to 25 and insert:

19 SEC. 8081. In addition to amounts appropriated or

20 otherwise made available by this Act, $97,000,000 is hereby

21 appropriated and shall be available for liquidating defi22 ciencies in the amounts specified in the appropriations

23 ‘‘National Guard Personnel, Army, 1992’’, $10,000,000;
35

HR 4650 EAS

1 ‘‘National Guard Personnel, Army, 1993’’, $75,000,000;

2 and ‘‘Reserve Personnel, Army, 1993’’, $12,000,000.

3 Ω156æPage 90, strike out lines 4 to 8 and insert:

4 SEC. 8086. None of the funds appropriated by this Act

5 may be used to pay health care providers under the Civilian

6 Health and Medical Program of the Uniformed Services

7 (CHAMPUS) for services determined under the CHAMPUS

8 Peer Review Organization (PRO) Program to be not medi9 cally or psychologically necessary. The Secretary of Defense

10 may by regulation adopt any quality and utilization review

11 requirements and procedures in effect for the Peer Review

12 Organization Program under title XVIII of the Social Secu13 rity Act (Medicare) that the Secretary determines necessary,

14 and may adapt the Medicare requirements and procedures

15 to the circumstances of the CHAMPUS PRO Program as

16 the Secretary determines appropriate.

17 Ω157æPage 91, strike out lines 11 to 19 and insert:

18 SEC. 8090. Notwithstanding any other provision of

19 law, funds appropriated in this Act for the upgrade, pur20 chase, or modernization of supercomputing capability and

21 capacity under the High Performance Computing Mod22 ernization program shall only be available for contracts,

23 contract modifications, or contract options which are

24 awarded as the result of open competition based upon the
36

HR 4650 EAS

1 requirements of the users without regard to the architecture

2 or design of the supercomputer system.

3 Ω158æPage 92, strike out lines 17 to 25 and insert:

4 SEC. 8093. None of the funds appropriated in this Act

5 may be used to fill the commander’s position at any mili6 tary medical facility with a health care professional unless

7 the prospective candidate can demonstrate professional ad8 ministrative skills.

9 Ω159æPage 93, strike out lines 1 to 17 and insert:

10 SEC. 8094. Of the funds appropriated to the Depart11 ment of Defense (DOD) for Operation and Maintenance,

12 Defense-Wide, not less than $8,000,000 shall be made avail13 able until expended to the Administration for Native Amer14 icans within 90 days of enactment of this Act: Provided,

15 That such funds shall be made available only for the mitiga16 tion of environmental impacts, including training and

17 technical assistance to tribes, related administrative sup18 port, the gathering of information, documenting of environ19 mental damage, and developing a system for prioritization

20 of mitigation, on Indian lands resulting from Department

21 of Defense activities: Provided further, That the Department

22 of Defense shall provide to the Committees on Appropria23 tions of the Senate and House of Representatives by Sep24 tember 30, 1995, a summary report of all environmental

25 damage that has occurred on Indian land as a result of
37

HR 4650 EAS

1 DOD activities, to include, to the extent feasible, a list of

2 all documents and records known to the Department that

3 describe the activity or action causing or relating to such

4 environmental damage.

5 Ω160æPage 94, line 4, after ‘‘Code’’ insert: : Provided,

6 That notwithstanding any other provision of law, funds ap7 propriated for the Advanced Research Projects Agency de8 fense reinvestment program element under the heading ‘‘Re9 search, Development, Test and Evaluation, Defense-Wide’’

10 shall not be obligated until the Secretary of Defense has en11 sured that the Assistant Secretaries for Research, Develop12 ment, and Acquisition of the separate Military Depart13 ments are full members of the Defense Technology Conver14 sion Council and are fully integrated into the process of

15 selecting dual-use technology focus areas for such programs

16 and evaluating proposals for such projects: Provided fur17 ther, That notwithstanding any other provision of law, of

18 the funds appropriated for defense reinvestment programs

19 under the heading ‘‘Research, Development, Test and Eval20 uation, Defense-Wide’’, $150,000,000 may only be obligated

21 for projects selected as a result of a competition held by

22 the Advanced Research Projects Agency in focus areas se23 lected exclusively by the Assistant Secretaries for Research,

24 Development, and Acquisition of the separate Military De25 partments: Provided further, That in addition to the re-
38

HR 4650 EAS

1 striction contained in the preceding provisos, the competi2 tion in focus areas shall be conducted in accordance with

3 other unaffected statutory provisions of the Defense Conver4 sion, Reinvestment, and Transition Assistance Amendments

5 of 1993

6 Ω161æPage 94, strike out lines 5 to 9 and insert:

7 SEC. 8097. (a) Not later than April 1, 1995, the Sec8 retary of Defense shall submit to the Congressional defense

9 committees a management plan for the major university10 affiliated research centers which support the Department of

11 Defense.

12 (b) The master plan required by the preceding sub13 section shall—

14 (1) establish annual funding and manpower ceil15 ings for each institution, and a total annual funding

16 and manpower ceiling;

17 (2) describe in detail what specific actions are

18 being taken to increase management of these institu19 tions by the Office of the Secretary of Defense, and to

20 reduce future annual funding; and

21 (3) explain the contracting arrangement with

22 each institution, including an evaluation of whether

23 contracts for future efforts should be competitively

24 awarded.
39

HR 4650 EAS

1 (c) For the purposes of this section, the term ‘‘major’’

2 shall apply to institutions which receive more than

3 $2,000,000 annually from the Department of Defense.

4 Ω162æPage 95, strike out lines 10 to 17 and insert:

5 (TRANSFER OF FUNDS)

6 SEC. 8099. Upon enactment of this Act, the Secretary

7 of Defense shall make the following transfers of funds: Pro8 vided, That the amounts transferred shall be available for

9 the same purposes as the appropriations to which trans10 ferred, and for the same time period as the appropriation

11 from which transferred: Provided further, That the amounts

12 shall be transferred between the following appropriations in

13 the amounts specified:

14 From:

15 Under the heading, ‘‘Shipbuilding and Conver16 sion, Navy, 1986/1990’’:

17 CG–47 cruiser program, $6,000,000;

18 LSD–41 landing ship dock program,

19 $1,700,000;

20 T–AGOS ocean surveillance ship program,

21 $5,000,000;

22 For craft, outfitting, post delivery, and cost

23 growth, $2,438,000;

24 To:
40

HR 4650 EAS

1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 1986/90’’:

3 SSN–688 attack submarine program,

4 $11,719,000;

5 MSH coastal mine hunter program,

6 $3,419,000;

7 From:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1987/1991’’:

10 TRIDENT ballistic missile submarine pro11 gram, $650,000;

12 DDG–51 destroyer program, $633,000;

13 CG–47 cruiser program, $283,000;

14 T–AO fleet oiler program, $2,800,000;

15 AO conversion program, $400,000;

16 For craft, outfitting, and post delivery,

17 $5,900,000;

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1988/1992’’:

20 CG–47 cruiser program, $5,145,000;

21 Weapons Procurement, Navy, 1993/1995,

22 $18,069,000;

23 To:

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 1987/1991’’:
41

HR 4650 EAS

1 SSN–688 attack submarine program,

2 $18,496,000;

3 AOE fast combat support ship program,

4 $15,384,000;

5 From:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1988/1992’’:

8 CG–47 cruiser program, $11,993,000;

9 LSD–41 cargo variant ship program,

10 $4,773,000;

11 LHD–1 amphibious assault ship program,

12 $7,028,000;

13 AO conversion program, $1,900,000;

14 To:

15 Under the heading, ‘‘Shipbuilding and Conver16 sion, Navy, 1988/1992’’:

17 TRIDENT ballistic missile submarine pro18 gram, $6,035,000;

19 SSN–688 attack submarine program,

20 $19,659,000;

21 From:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1989/1993’’:

24 LHD–1 amphibious assault ship program,

25 $3,400,000;
42

HR 4650 EAS

1 T–AO fleet oiler program, $3,488,000;

2 T–AGOS surveillance ship program,

3 $3,197,000;

4 AO conversion program, $1,300,000;

5 Weapons Procurement, Navy, 1993/1995,

6 $178,000;

7 Other Procurement, Navy, 1993/1995,

8 $22,400,000;

9 Research, Development, Test and Evalua10 tion, Navy, 1994/1995, $41,700,000;

11 To:

12 Under the heading, ‘‘Shipbuilding and Conver13 sion, Navy, 1989/1993’’:

14 SSN–688 attack submarine program,

15 $18,939,000;

16 SSN–21 attack submarine program,

17 $37,123,000;

18 MHC coastal mine hunter program,

19 $1,700,000;

20 AOE combat support ship program,

21 $17,901,000;

22 From:

23 Under the heading, ‘‘Shipbuilding and Conver24 sion, Navy, 1990/1994’’:
43

HR 4650 EAS

1 TRIDENT ballistic submarine program,

2 $2,400,000;

3 Aircraft carrier service life extension pro4 gram, $346,000;

5 MCM mine countermeasures program,

6 $657,000;

7 Oceanographic ship program, $3,964,000;

8 LCAC landing craft air cushion program,

9 $1,188,000;

10 Aircraft Procurement, Navy, 1993/1995,

11 $6,000,000;

12 Weapons Procurement, Navy, 1993/1995,

13 $6,753,000;

14 Other Procurement, Navy, 1994/1996,

15 $1,297,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1990/1994’’:

19 SSN–688 attack submarine program,

20 $9,046,000;

21 MHC coastal mine hunter program,

22 $3,575,000;

23 AOE combat support ship program,

24 $9,984,000;

25 From:
44

HR 4650 EAS

1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 1991/1995’’:

3 TRIDENT ballistic missile submarine pro4 gram, $39,500,000;

5 DDG–51 destroyer program, $8,200,000;

6 LSD–41 dock landing ship cargo variant

7 ship program, $22,427,000;

8 Aircraft Procurement, Navy, 1994/1996,

9 $17,000,000;

10 Other Procurement, Navy, 1994/1996,

11 $666,000;

12 Procurement, Marine Corps, 1993/1995,

13 $6,600,000;

14 To:

15 Under the heading, ‘‘Shipbuilding and Conver16 sion, Navy, 1991/1995’’:

17 SSN–21 attack submarine program,

18 $48,240,000;

19 LHD–1 amphibious assault ship program,

20 $43,600,000;

21 MHC coastal mine hunter program,

22 $2,553,000;

23 From:

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 1992/1996’’:
45

HR 4650 EAS

1 For craft, outfitting, post delivery, and

2 DBOF transfer, $5,183,000;

3 Other Procurement, Navy, 1994/1996,

4 $29,261,000;

5 To:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1992/1996’’:

8 DDG–51 destroyer program, $22,958,000;

9 MHC coastal mine hunter program,

10 $11,486,000;

11 From:

12 Weapons Procurement Navy, 1993/1995,

13 $30,000,000;

14 Other Procurement, Navy, 1994/1996,

15 $38,438,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1993/1997’’:

19 DDG–51 destroyer program, $26,894,000;

20 LSD–41 cargo variant ship program,

21 $5,663,000;

22 MHC coastal mine hunter program,

23 $7,615,000;

24 AOE combat support ship program,

25 $28,266,000;
46

HR 4650 EAS

1 From:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1994/1998’’:

4 For craft, outfitting, post delivery, and first

5 destination transportation, $5,000,000;

6 Weapons Procurement, Navy, 1994/1996,

7 $14,000,000;

8 Other Procurement, Navy, 1994/1996,

9 $435,000;

10 To:

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1994/1998’’:

13 LHD–1 amphibious assault ship program,

14 $15,131,000;

15 Oceanographic ship program, $4,304,000.

16 Ω163æPage 95, strike out all after line 23 over to and

17 including line 6 on page 96 and insert:

18 SEC. 8101. None of the funds provided in this Act may

19 be obligated to initiate a program, or project, or award a

20 new contract to modify or upgrade the B–1, B–2, or B–

21 52 aircraft until the Secretary of Defense has submitted a

22 cost and operational effectiveness analysis for Air Force

23 bomber programs to the Committees on Appropriations and

24 Armed Services of the Senate and House of Representatives:
47

HR 4650 EAS

1 Provided, That this section shall not apply to safety of flight

2 modifications.

3 Ω164æPage 96, strike out all after line 12 over to and

4 including line 18 on page 98 and insert:

5 SEC. 8103. None of the funds available to the Depart6 ment of Defense during fiscal year 1995 may be obligated

7 or expended to reimburse States which are parties to the

8 Treaty on the Elimination of Intermediate-Range and

9 Shorter-Range Missiles concluded on December 8, 1987, and

10 the Treaty on the Reduction and Limitation of Strategic

11 Offensive Arms, concluded July 31, 1991, for costs allocated

12 to such States by either of those treaties where such costs

13 are incurred in support of inspections conducted by the

14 United States: Provided, That the limitation in this section

15 shall not apply if the Senate of the United States gives its

16 advice and consent to the ratification of an amendment to

17 those treaties which changes the financial obligations of the

18 parties to those treaties with respect to inspection costs.

19 Ω165æPage 98, strike out all after line 18 over to and

20 including line 10 on page 99 and insert:

21 SEC. 8104. The Secretary of Defense shall ensure that

22 all applicable DOD regulations and component command,

23 installation, or agency policies and procedures governing

24 temporary duty travel on official military business to the

25 States of Hawaii and Alaska require no higher levels of ap-
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1 proval or stricter controls than travel within the continental

2 United States.

3 Ω166æPage 99, strike out lines 11 to 16 and insert:

4 SEC. 8105. None of the funds available to the Depart5 ment of Defense may be used to support the relocation of

6 P–3 aircraft squadrons or other aircraft or units from the

7 Naval Air Station at Barbers Point, Hawaii unless such

8 relocation was specifically stated in the 1993 Report to the

9 President of the Defense Base Closure and Realignment

10 Commission.

11 Ω167æPage 99, strike out all after line 16 over to and

12 including line 9 on page 100 and insert:

13 SEC. 8106. In the case of members who separate from

14 active duty or full-time National Guard duty in a military

15 department pursuant to a Special Separation Benefits pro16 gram (10 U.S.C. Sec. 1174a) or a Voluntary Separation

17 Incentive program (10 U.S.C. Sec. 1175) at any time after

18 the enactment of this Act, the separation payments paid

19 such members who are also paid any bonus provided for

20 in chapter 5, title 37, United States Code, during the same

21 years in which they separate shall be reduced (but in no

22 event to an amount less than zero) by an amount equal

23 to any such bonus: Provided, That any future bonus pay24 ments to which such members would otherwise be entitled

25 are rescinded: Provided further, That this measure will not
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1 apply to members who separate during the last year of a

2 bonus paid pursuant to chapter 5, title 37, United States

3 Code: Provided further, That civilian employees of the De4 partment of Defense are prohibited from receiving vol5 untary separation payments if such employees are rehired

6 by any agency of the Federal Government within one hun7 dred and eighty days of separating from the Department

8 of Defense: Provided further, That members who separate

9 from active duty or full-time National Guard duty in a

10 military department at any time after the enactment of this

11 Act, are prohibited from receiving Special Separation Bene12 fits program (10 U.S.C. Sec. 1174a) or Voluntary Separa13 tion Incentive program (10 U.S.C. Sec. 1175) payments if

14 rehired by the Department of Defense within one hundred

15 and eighty days of separating from active duty or full-time

16 National Guard Duty.

17 Ω168æPage 100, strike out all after line 9 over to and

18 including line 11 on page 101 and insert:

19 (TRANSFER OF FUNDS)

20 SEC. 8107. Within amounts appropriated in this Act,

21 $5,000,000 shall be made available for pay and allowances

22 for the Office of the Assistant Secretary of Defense for Re23 serve Affairs to be available only for support of Civil-Mili24 tary Cooperation program operations, for transfer to appro25 priations available to the Department of Defense for mili-
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1 tary personnel of the reserve components serving under the

2 provisions of title 10 and title 32, United States Code: Pro3 vided, That the funds made available by this paragraph

4 shall be available for obligation for the same time period

5 and for the same purpose as the appropriation to which

6 transferred: Provided further, That the transfer authority

7 provided in this paragraph is in addition to any transfer

8 authority contained elsewhere in this Act.

9 Ω169æPage 101, strike out lines 12 to 20 and insert:

10 SEC. 8108. Notwithstanding any other provision of

11 law, for resident classes entering the war colleges after Sep12 tember 30, 1996, the Department of Defense shall require

13 that not less than 20 percent of the total of United States

14 military students at each war college shall be from military

15 departments other than the hosting military department:

16 Provided, That each military department will recognize the

17 attendance at a sister military department war college as

18 the equivalent of attendance at its own war college for pro19 motion and advancement of personnel.

20 Ω170æPage 101, strike out all after line 20 over to and

21 including line 2 on page 102 and insert:

22 SEC. 8109. None of the funds provided in this Act may

23 be expended for the refurbishment of M61/20 mm Gatling

24 Gun assets for domestic or foreign military sales unless the
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1 Department of the Air Force competes this work among

2 qualified depots and commercial contractors.

3 Ω171æPage 102, strike out lines 3 to 15 and insert:

4 SEC. 8110. None of the funds provided in this Act may

5 be obligated or expended for the sale of zinc in the National

6 Defense Stockpile if zinc commodity prices decline more

7 than five percent below the London Metals Exchange market

8 price reported on the date of enactment of this Act.

9 Ω172æPage 102, strike out all after line 15 over to and

10 including line 7 on page 103 and insert:

11 SEC. 8111. Notwithstanding any other provision of

12 law, the Secretary of the Navy shall reimburse the

13 Muckleshoot Indian Tribe of Auburn, Washington, for costs

14 that have been validated as having been expended in the

15 development and submission of a base reuse plan for Puget

16 Sound Naval Air Station: Provided, That the Muckleshoot

17 Indian Tribe cost reimbursement claims shall be submitted

18 to and validated by the General Counsel of the Department

19 of Defense prior to reimbursement by the Secretary of the

20 Navy: Provided further, That in no case shall total reim21 bursements for these costs exceed $600,000. The Secretary

22 may not pay the Muckleshoot Indian Tribe the reimburse23 ment otherwise required by the preceding sentence unless

24 the Tribe waives in writing all claims that the Tribe may

25 have against the United States or any agency or official
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1 of the United States (in the official capacity of that offi2 cial), against the State of Washington or any agency or

3 official of the State of Washington (in the official capacity

4 of that official), and against the City of Seattle, Washing5 ton, or any agency or official of the City of Seattle, Wash6 ington (in the official capacity of that official), regarding

7 the disposal of the Puget Sound Naval Air Station.

8 Ω173æPage 103, strike out all after line 14 over to and

9 including line 4 on page 104 and insert:

10 SEC. 8113. PROHIBITION ON USE OF FUNDS FOR CER11 TAIN ACTIVITIES AT CAMERON STATION, VIRGINIA. (a)

12 PROHIBITION.—None of the funds appropriated in this Act

13 or otherwise made available to the Department of Defense

14 may be obligated or expended by the Secretary of Defense

15 for the execution pursuant to subsection (f) of section 501

16 of the Stewart B. McKinney Homeless Assistance Act of (42

17 U.S.C. 11411) of a lease, permit, or deed of conveyance for

18 use to assist the homeless of any property described in sub19 section (b) until the Secretary of Health and Human Serv20 ices, appropriate representatives of the City of Alexandria,

21 Virginia, and representatives of the homeless whose applica22 tions for use of such property to assist the homeless have

23 been approved by the Secretary of Health and Human Serv24 ices under subsection (e)(3) of such section jointly determine
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1 that such use is reasonable under the redevelopment plan

2 for Cameron Station, Virginia.

3 (b) COVERED PROPERTY.—Subsection (a) applies to

4 the public buildings and real property located at Cameron

5 Station, Virginia, which installation was approved for clo6 sure pursuant to the provisions of title II of the Defense

7 Authorization Amendments and Base Closure and Realign8 ment Act (Public Law 100–526; 10 U.S.C. 2687 note).

9 Ω174æPage 104, strike out lines 5 to 20 and insert:

10 SEC. 8114. (a) IN GENERAL.—The fiscal year 1995 in11 crease in military retired pay shall (notwithstanding sub12 paragraph (B) of section 1401a(b)(2) of title 10, United

13 States Code) first be payable as part of such retired pay

14 for the month of March 1995.

15 (b) DEFINITIONS.—For the purposes of subsection (a):

16 (1) The term ‘‘fiscal year 1995 increase in mili17 tary retired pay’’ means the increase in retired pay

18 that, pursuant to paragraph (1) of section 1401a(b)

19 of title 10, United States Code, becomes effective on

20 December 1, 1994.

21 (2) The term ‘‘retired pay’’ includes retainer

22 pay.

23 Ω175æPage 104, strike out all after line 20 over to and

24 including line 11 on page 105 and insert:
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1 (TRANSFER OF FUNDS)

2 SEC. 8115. In addition to amounts appropriated or

3 otherwise made available by this Act, $11,200,000 is hereby

4 appropriated to the Department of Defense and shall be

5 available only for transfer to the United States Coast Guard

6 for a 2.6 percent pay increase for uniformed members.

7 Ω176æPage 105, strike out lines 12 to 21 and insert:

8 SEC. 8116. Notwithstanding any other provision of

9 law, for education and training expenses not otherwise pro10 vided for, $119,000,000 is appropriated for aiding school

11 districts in accordance with authority granted under Public

12 Law 81–874.

13 Ω177æPage 105, strike out all after line 21 over to and

14 including line 4 on page 106 and insert:

15 SEC. 8117. After April 15, 1995, none of the funds pro16 vided in this Act may be obligated for payment on contracts

17 on which allowable costs charged to the government include

18 payments for individual compensation in excess of the rate

19 of compensation of Level I of the Executive Schedule em20 ployees of the United States Government.

21 Ω178æPage 106, strike out lines 5 to 8

22 Ω179æPage 106, strike out lines 9 to 25

23 Ω180æPage 107, strike out lines 5 to 13
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1 Ω181æPage 107, after line 13 insert:

2 SEC. 8121. (a) STUDY.—The Secretary of Defense shall

3 conduct a study of the receipt of benefits under the Food

4 Stamp Act of 1977 (7 U.S.C. 2011 et seq.) by the members

5 of the Armed Forces. The study shall include the following

6 elements:

7 (1) The number of members of the Armed Forces

8 who are eligible to receive benefits under that Act.

9 (2) The number of such members who receive

10 benefits under that Act.

11 (3) The location by State and region of the mem12 bers referred to in paragraphs (1) and (2).

13 (4) An estimate of the cost of raising the rate of

14 basic pay of members of the Armed Forces to a rate

15 at which such members would no longer be eligible to

16 receive benefits under that Act.

17 (b) REPORT.—The Secretary shall submit to Congress

18 a report on the study required under subsection (b) not later

19 than 180 days after the date of the enactment of this Act.

20 Ω182æPage 107, after line 13 insert:

21 SEC. 8122. (a) The Secretary of Defense shall submit,

22 on a quarterly basis, a report to the appropriate congres23 sional committees setting forth all costs (including incre24 mental costs) incurred by the Department of Defense during

25 the preceding quarter in implementing or supporting reso-
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1 lutions of the United Nations Security Council, including

2 any such resolution calling for international sanctions,

3 international peacekeeping operations, and humanitarian

4 missions undertaken by the Department of Defense. The

5 quarterly report shall include an aggregate of all such De6 partment of Defense costs by operation or mission.

7 (b) The Secretary of Defense shall detail in the quar8 terly reports all efforts made to seek credit against past

9 United Nations expenditures and all efforts made to seek

10 compensation from the United Nations for costs incurred

11 by the Department of Defense in implementing and sup12 porting United Nations activities.

13 (c) As used in this section, the term ‘‘appropriate con14 gressional committees’’ means—

15 (1) the Committees on Appropriations of the

16 House of Representatives and the Senate;

17 (2) the Committees on Armed Services of the

18 House of Representatives and the Senate; and

19 (3) the Committee on Foreign Relations of the

20 Senate and the Committee on Foreign Affairs of the

21 House of Representatives.

22 Ω183æPage 107, after line 13 insert:
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1 SEC. 8123. ADDITIONAL COUNTRIES ELIGIBLE FOR PARTICI2 PATION IN ALLIED DEFENSE COOPERATION.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘NATO Participation Act’’.

5 (b) TRANSFER OF EXCESS DEFENSE ARTICLES.—The

6 President may transfer excess defense articles under section

7 516 of the Foreign Assistance Act of 1961 or under the Arms

8 Export Control Act to Poland, Hungary, the Czech Repub9 lic, and Slovakia.

10 (c) LEASES AND LOANS OF MAJOR DEFENSE EQUIP11 MENT AND OTHER DEFENSE ARTICLES.—Section 63(a)(2)

12 of the Arms Export Control Act (22 U.S.C. 2796b) is

13 amended by striking ‘‘or New Zealand’’ and inserting ‘‘New

14 Zealand, Poland, Hungary, the Czech Republic, or Slo15 vakia’’.

16 (d) LOAN MATERIALS, SUPPLIES, AND EQUIPMENT

17 FOR RESEARCH AND DEVELOPMENT PURPOSES.—Section

18 65(d) of the Arms Export Control Act (22 U.S.C. 2796d(d))

19 is amended—

20 (1) by striking ‘‘or’’ after ‘‘United States)’’ and

21 inserting a comma; and

22 (2) by inserting before the period at the end the

23 following: ‘‘, Poland, Hungary, the Czech Republic, or

24 Slovakia’’.

25 (e) COOPERATIVE MILITARY AIRLIFT AGREEMENTS.—

26 Section 2350c(e)(1)(B) of title 10, United States Code, is
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1 amended by striking ‘‘and the Republic of Korea’’ and in2 serting ‘‘the Republic of Korea, Poland, Hungary, the Czech

3 Republic, and Slovakia’’.

4 (f) PROCUREMENT OF COMMUNICATIONS SUPPORT AND

5 RELATED SUPPLIES AND SERVICES.—Section

6 2350f(d)(1)(B) is amended by striking ‘‘or the Republic of

7 Korea’’ and inserting ‘‘the Republic of Korea, Poland, Hun8 gary, the Czech Republic, or Slovakia’’.

9 (g) STANDARDIZATION OF EQUIPMENT WITH NORTH

10 ATLANTIC TREATY ORGANIZATION MEMBERS.—Section

11 2457 of title 10, United States Code, is amended by adding

12 at the end the following new subsection:

13 ‘‘(g) It is the sense of the Congress that, in the interest

14 of maintaining stability and promoting democracy in East15 ern Europe, Poland, Hungary, the Czech Republic, and Slo16 vakia, those countries should, on and after the date of enact17 ment of this subsection, be included in all activities under

18 this section related to the increased standardization and en19 hanced interoperability of equipment and weapons systems,

20 through coordinated training and procurement activities,

21 as well as other means, undertaken by the North Atlantic

22 Treaty Organization members and other allied countries.’’.

23 (h) INCLUSION OF OTHER EUROPEAN COUNTRIES

24 EMERGING FROM COMMUNIST DOMINATION.—The Presi25 dent should recommend legislation to the Congress making
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1 eligible under the provisions of law amended by this section

2 such other European countries emerging from communist

3 domination as the President may determine if such coun4 tries—

5 (1) have made significant progress toward estab6 lishing democratic institutions, free market econo7 mies, civilian control of their armed forces, and the

8 rule of law; and

9 (2) are likely, within 5 years of such determina10 tion, to be in a position to further the principles of

11 the North Atlantic Treaty and to contribute to the se12 curity of the North Atlantic area.

13 (i) CERTIFICATION REQUIRED.—Before exercising the

14 authority in subsection (a), or in section 63(a)(2) of the

15 Arms Export Control Act, with respect to Poland, Hungary,

16 the Czech Republic, or Slovakia, the President shall deter17 mine and certify to the appropriate congressional commit18 tees that no such country is selling or transferring defense

19 articles to a state that has repeatedly provided support for

20 acts of international terrorism, as determined by the Sec21 retary of State under section 6(j) of the Export Administra22 tion Act of 1979.

23 Ω184æPage 107, after line 13 insert:
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1 SEC. 8124. SENSE OF THE CONGRESS CONCERNING THE RE2 PUBLIC OF BULGARIA.

3 (a) FINDINGS.—The Congress finds that:

4 (1) In the spring of 1990, Bulgaria held its first

5 round-table discussions and held its first free, demo6 cratic elections in June 1990;

7 (2) In August 1990, the Bulgarian Grand Na8 tional Assembly elected Dr. Zhelyu Zhelev as Presi9 dent of the Republic;

10 (3) On July 12, 1991 the Parliament of Bul11 garia adopted the new Constitution of the Republic of

12 Bulgaria, which proclaims that Bulgaria is governed

13 by the rule of law;

14 (4) In addition, the Bulgarian Constitution es15 tablishes the principles of a market economy in Bul16 garia, including Article 17 which guarantees and pro17 tects the right to property and inheritance and pro18 claims the inviolability of private property, and Arti19 cle 19 which states that the economy of Bulgaria is

20 based on free economic enterprise;

21 (5) In October 1991, Bulgaria held its second

22 parliamentary elections;

23 (6) Since 1990, the Bulgarian Parliament has

24 passed more than 220 laws establishing legal protec25 tions for a free market economy including the Law on

26 Land Ownership, the Law on the Protection of Com-
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1 petition, the Law on Commerce, the Law on Privat2 ization, the Law on Accounting and the Law on

3 Banking;

4 (7) The Bulgarian private sector has grown from

5 5 percent of GNP in 1990 to 22 percent of GNP in

6 1993, and by the end of 1993, 47 percent of Bul7 garian farm land had been returned to its owners

8 prior to 1948;

9 (8) In June 1990, Bulgaria established diplo10 matic relations with NATO and on February 14,

11 1994, joined the Partnership for Peace;

12 (9) Since October 1991, the Bulgarian minister

13 of defense has been a civilian and this practice is

14 scheduled to be institutionalized when the Bulgarian

15 Law on Armed Forces is adopted in September 1994.

16 (b) SENSE OF CONGRESS.—Therefore, it is the sense

17 of the Congress that:

18 (1) The Republic of Bulgaria is making swift

19 and important progress to join the West and should

20 be strongly commended for its efforts;

21 (2) The Republic of Bulgaria is making signifi22 cant progress toward establishing democratic institu23 tions, a free market economy, civilian control of the

24 armed forces and the rule of law;
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1 (3) As the President evaluates increased defense

2 cooperation with central and eastern Europe, Bul3 garia’s extensive reform efforts should be given every

4 possible consideration.

5 Ω185æPage 107, after line 13 insert:

6 SEC. 8125. STUDY OF C–130s—(a) REPORT.—Within

7 six months of enactment of this Act, the Chairman of the

8 Joint Chiefs of Staff (JCS) shall recommend to the Sec9 retary of Defense a master stationing plan for C–130 air10 craft for the active and reserve components based on the

11 National Military Strategy and current contingency plans

12 of the Joint Chiefs of Staff. The report shall include:

13 (1) a review of existing Air Reserve Component

14 C–130s; and

15 (2) a master plan for basing future Air Reserve

16 Component C–130s over the next twenty years.

17 (b) INTERIM REDUCTIONS.—No reductions of primary

18 authorized C–130 aircraft (PAA) shall be permitted until

19 after completion of the report.

20 (c) APPROVAL.—Within 2 months of receipt of the re21 port from the Chairman of the JCS, the Secretary of De22 fense shall approve the final master stationing plan for C–

23 130 aircraft and shall provide it to the congressional defense

24 committees. The Secretary shall also provide the final report
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1 to the Air Force and to the National Guard Bureau for

2 implementation.

3 Ω186æPage 107, after line 13 insert:

4 SEC. 8126. Funds appropriated for the Army by this

5 Act may not be expended to deactivate or to take any action

6 necessary to deactivate any Army Reserve Officers’ Train7 ing Corps unit, or to reduce any such unit for the purpose

8 of eventually deactivating that unit, unless the Secretary

9 of the Army has determined that the unit has been placed

10 in, and has been evaluated for a full evaluation period

11 under, the Effective Management Program of the Army

12 Cadet Command.

13 Ω187æPage 107, after line 13 insert:

14 SEC. 8127. PREFERENCE FOR LOCAL AND SMALL BUSI15 NESSES TO CARRY OUT ENVIRONMENTAL

16 RESTORATION AND REMEDIATION OF

17 KAHO’OLAWE ISLAND, HAWAII.

18 (a) PREFERENCE REQUIRED.—In entering into con19 tracts with private entities to carry out environmental res20 toration and remediation of Kaho’olawe Island, Hawaii,

21 and the waters surrounding that island, the Secretary of

22 the Navy shall, to the maximum extent practicable, give a

23 preference to small business concerns and small disadvan24 taged business concerns located in the State of Hawaii. In
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1 giving the preference, the Secretary shall give especial pref2 erence to businesses owned by Native Hawaiians.

3 (b) DEFINITIONS.—In this section:

4 (1) The term ‘‘small business concern’’ means a

5 business concern meeting the requirements of section

6 3 of the Small Business Act (15 U.S.C. 632).

7 (2) The term ‘‘small disadvantaged business con8 cern’’ means the business concerns referred to in sec9 tion 7(d)(1) of such Act (15 U.S.C. 637(d)(1)).

10 (3) The term ‘‘Native Hawaiian’’ means any in11 dividual who is a descendent of the aboriginal people

12 who, prior to 1778, occupied and exercised sov13 ereignty in the area that now comprises the State of

14 Hawaii.

15 Ω188æPage 107, after line 13 insert:

16 SEC. 8128. (a) The prohibition on concurrent award

17 of compensation and retirement pay (including naval pen18 sion) set forth in section 5304(a)(1) of title 38, United

19 States Code, does not apply to a person who has a service20 connected disability if—

21 (1) the person has completed at least 20 years of

22 service in the uniformed services that is creditable for

23 purposes of computing the amount of retirement pay

24 to which the member is entitled;
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1 (2) the disability was incurred or aggravated in

2 the performance of duty as a member of a uniformed

3 service, as determined by the Secretary concerned;

4 and

5 (3) the disability is a disability rated as total—

6 (A) by the Secretary concerned as of the

7 date on which the person is retired from the uni8 formed services; or

9 (B) by the Secretary of Veterans Affairs

10 within four years following the date on which the

11 person is retired from the uniformed services.

12 (b) Notwithstanding section 1463(a) of title 10, United

13 States Code, the amount of retirement pay paid in accord14 ance with subsection (a) concurrently with the payment of

15 disability compensation to the recipients of such retirement

16 pay shall be paid out of funds appropriated by this Act.

17 (c) Subsection (a) is not applicable to a person for any

18 period for which the disability of such person is not a dis19 ability rated as total as described in paragraph (3) of such

20 subsection.

21 (d) In this section:

22 (1) The terms ‘‘compensation’’, ‘‘service-con23 nected’’, and ‘‘Secretary concerned’’ have the mean24 ings given such terms in section 101 of title 38, Unit25 ed States Code.
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1 (2) The term ‘‘disability rated as total’’—

2 (A) means a disability that is rated as total

3 under the standard schedule of rating disabilities

4 in use by the Department of Veterans Affairs;

5 and

6 (B) does not include a disability for which

7 the schedular rating is less than total but for

8 which a rating of total is assigned by reason of

9 inability of the disabled person concerned to se10 cure or follow a substantially gainful occupation

11 as a result of service-connected disabilities or by

12 reason of any other factor.

13 (3) The term ‘‘uniformed services’’ has the mean14 ing given such term in section 101(a)(5) of title 10,

15 United States Code.

16 (e) This section shall take effect on October 1, 1994,

17 and shall apply to months that begin on or after that date

18 and before October 1, 1995, upon authorization in an Act

19 other than this Act.

20 Ω189æPage 107, after line 13 insert:

21 SEC. 8129. IMPLEMENTATION OF AGREEMENT ON THE RE22 STRUCTURING OF THE ARMY NATIONAL

23 GUARD AND THE ARMY RESERVE.

24 (a) FINDING.—Congress finds that the implementation

25 of the off-site agreement may result in the loss to the Armed
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1 Forces of military personnel who have significant military

2 experience and expertise.

3 (b) REASSIGNMENT OF MEMBERS.—(1) To the maxi4 mum extent practicable, the Secretary of the Army shall

5 ensure that members of the Armed Forces who would other6 wise be separated from service as a result of the deactivation

7 of military units of the Army National Guard and the

8 Army Reserve under the off-site agreement be reassigned in9 stead to units that are not being deactivated.

10 (2) The reassignment of a member under paragraph

11 (1) shall not affect the grade or rank in grade of the mem12 ber.

13 (c) REPORTS.—Not later than 15 days after the end

14 of each calendar quarter while the off-site agreement is in

15 effect, the Secretary of the Army shall submit to the congres16 sional defense committees a report on the number of mem17 bers of the Armed Forces who were reassigned under sub18 section (b)(1) during the preceding calendar quarter.

19 (d) DEFINITIONS.—In this section:

20 (1) The term ‘‘congressional defense committees’’

21 means the Committees on Armed Services and the

22 Committees on Appropriations of the Senate and the

23 House of Representatives.
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1 (2) The term ‘‘off-site agreement’’ means the

2 agreement on the restructuring of the Army National

3 Guard and the Army Reserve.

4 Ω190æPage 107, after line 13 insert:

5 SEC. 8130. No funds appropriated under this Act may

6 be obligated or expended for the purpose of establishing the

7 Antler Military Operations Area, Pennsylvania, for the

8 purpose of conducting aerial combat training operations

9 until Region III of the Environmental Protection Agency

10 has completed its currently ongoing Environmental Impact

11 Review.

12 Ω191æPage 107, after line 13 insert:

13 SEC. 8131. (a) No project for the construction of any

14 facility, or improvement to any facility, having an esti15 mated Federal cost in excess of $300,000, may be under16 taken in any fiscal year unless specifically identified as a

17 separate item in the President’s annual fiscal year budget

18 request or otherwise specifically authorized and appro19 priated if such facility or improvement would be used pri20 marily by personnel of the intelligence community.

21 (b) As used in this section, the term ‘‘intelligence com22 munity’’ has the same meaning given that term in section

23 3(4) of the National Security Act of 1947 (50 U.S.C.

24 401a(4)).
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1 Ω192æPage 107, after line 13 insert:

2 SEC. 8132. Of the funds made available by this Act

3 for the National Reconnaissance Office under the classified

4 Schedule of Appropriations accompanying this Act, funds

5 allocated for construction of the headquarters buildings of

6 the National Reconnaissance Office which were unobligated

7 as of the date of enactment of this Act may not be obligated

8 or expended until the Director of Central Intelligence and

9 the Secretary of Defense have completed a review of that

10 construction project and the results of such review have been

11 disclosed to the Select Committee on Intelligence of the Sen12 ate and the Permanent Select Committee on Intelligence of

13 the House of Representatives, and the Committee on Appro14 priations of the Senate and the Committee on Appropria15 tions of the House of Representatives.

16 Ω193æPage 107, after line 13 insert:

17 SEC. 8133. Notwithstanding any other provision of

18 law, the Secretary of the Navy shall obligate, within thirty

19 days of this Act becoming law, not less than $29,750,000

20 from the funds appropriated in this Act or previous Acts

21 under the heading ‘‘Aircraft Procurement, Navy’’, solely to

22 procure, on an urgent basis, AN/USH–42 mission recorders

23 modified for use in S–3B aircraft.

24 Ω194æPage 107, after line 13 insert:
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1 SEC. 8134. Within 60 days of enactment of this Act,

2 the President, in consultation with NATO, shall submit a

3 report to the Committees on Appropriations of the Senate

4 and House of Representatives defining specific military,

5 economic, and political standards required to gain admis6 sion to NATO: Provided, That such report shall not be lim7 ited to the principles enunciated in the Partnership for

8 Peace: Provided further, That such report shall include an

9 assessment of measures which would be necessary to guaran10 tee the armed services of Poland, Hungary, the Czech Re11 public, Slovakia, Lithuania, Latvia and Estonia are capa12 ble of military cooperation and interoperability with NATO

13 and fulfilling other member responsibilities.

14 Ω195æPage 107, after line 13 insert:

15 RESTRICTION ON FUNDING UNITED STATES MILITARY

16 PERSONNEL IN SOMALIA

17 SEC. 8135. None of the funds appropriated by this Act

18 may be used for the continuous presence in Somalia of

19 United States military personnel after September 30, 1994.

20 Ω196æPage 107, after line 13 insert:

21 SEC. 8136. SENATE ADVICE AND CONSENT TO CHANGES IN

22 OBLIGATIONS UNDER THE CFE TREATY.

23 (a) FINDINGS.—

24 (1) On November 25, 1991, the Senate gave its

25 advice and consent to ratification of the CFE Treaty.
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1 (2) The President would need to seek the Senate’s

2 advice and consent to any change in obligation of the

3 States parties under the CFE Treaty, unless such

4 change were a minor matter of an administrative or

5 technical nature.

6 (3) A change in the allowed holdings of treaty

7 limited equipment in the area of application or any

8 geographic sub-zone of the area of application would

9 constitute a change in obligation for which the Sen10 ate’s advice and consent would be required.

11 (b) REAFFIRMATION OF SENATE’S TREATY-MAKING

12 POWERS.—The President shall submit for the Senate’s ad13 vice and consent any change in the obligations of any State

14 party under the CFE Treaty, unless such change is a minor

15 matter of an administrative or technical nature.

16 (c) CFE TREATY DEFINED.—For the purpose of this

17 section, the CFE Treaty means the Treaty on Conventional

18 Armed Forces in Europe, signed in Paris on November 19,

19 1990, and associated protocols.

20 Ω197æPage 107, after line 13 insert:

21 SEC. 8137. (a)(1) The Secretary of Defense shall de22 velop a plan for establishing and implementing a require23 ment for disbursing officials of the Department of Defense

24 to match disbursements to particular obligations before
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1 making the disbursements. The Secretary shall transmit the

2 plan to Congress not later than March 1, 1995.

3 (2) The Inspector General of the Department of Defense

4 shall review the plan and submit the Inspector General’s

5 independent assessment of the plan to the congressional de6 fense committees.

7 (b)(1) Not later than July 1, 1995, the Secretary of

8 Defense shall require that each disbursement by the Depart9 ment of Defense in an amount in excess of $5,000,000 be

10 matched to a particular obligation before the disbursement

11 is made.

12 (2) Not later than October 1, 1995, the Secretary of

13 Defense shall require that each disbursement by the Depart14 ment of Defense in an amount in excess of $1,000,000 be

15 matched to a particular obligation before the disbursement

16 is made.

17 (c) The Secretary shall ensure that a disbursement in

18 excess of the threshold amount applicable under subsection

19 (b) is not divided into multiple disbursements of less than

20 that amount for the purpose of avoiding the applicability

21 of such subsection to that disbursement.

22 (d) The Secretary of Defense may waive a requirement

23 for advance matching of a disbursement of the Department

24 of Defense with a particular obligation in the case of (1)

25 a disbursement involving deployed forces, (2) a disburse-
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1 ment for an operation in a war declared by Congress or

2 a national emergency declared by the President or Congress,

3 or (3) a disbursement under any other circumstances for

4 which the waiver is necessary in the national security inter5 ests of the United States, as determined by the Secretary

6 and certified by the Secretary to the congressional defense

7 committees.

8 (e) This section shall not be construed to limit the au9 thority of the Secretary of Defense to require that a dis10 bursement not in excess of the amount applicable under sub11 section (b) be matched to a particular obligation before the

12 disbursement is made.

13 Ω198æPage 107, after line 13 insert:

14 SEC. 8138. SENSE OF CONGRESS ON NEGOTIATION OF LIMI15 TATIONS ON NUCLEAR WEAPONS TESTING.

16 (a) FINDINGS.—Congress finds the following:

17 (1) On January 25, 1994, the United States

18 joined with 37 other nations to begin negotiations for

19 a comprehensive treaty to ban permanently all nu20 clear weapons testing.

21 (2) On March 14, 1994, the President decided to

22 extend the current United States nuclear testing mor23 atorium at least through September 1995.

24 (3) Germany and the Group of 21 Non-Aligned

25 States have publicly stated their support for the com-
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1 pletion of a comprehensive nuclear test ban treaty by

2 1995.

3 (4) On June 6, 1994, the People’s Republic of

4 China conducted its second nuclear weapons test ex5 plosion since the United States, Russia, and France

6 initiated their current nuclear test moratoria.

7 (5) On September 7, 1994, the third and final

8 test ban negotiating session of the year will end.

9 (6) While some progress toward a comprehensive

10 nuclear test ban treaty has been achieved, there is lit11 tle chance that an agreement will be reached before

12 April 1995 at the current rate of negotiation.

13 (7) The United States is seeking to extend indefi14 nitely the Non-Proliferation Treaty at the April 1995

15 Extension Conference.

16 (8) Conclusion of a comprehensive nuclear test

17 ban treaty could contribute toward successful negotia18 tions to extend the Non-Proliferation Treaty.

19 (9) Agreements to eliminate nuclear testing and

20 control the spread of nuclear weapons could contrib21 ute to national security of the United States, its al22 lies, and other nations around the world.

23 (b) SENSE OF CONGRESS.—The Congress—

24 (1) applauds the President for maintaining the

25 United States nuclear testing moratorium and for
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1 supporting the negotiation of a comprehensive nuclear

2 test ban treaty;

3 (2) encourages the People’s Republic of China

4 and all other nuclear powers to refrain from conduct5 ing nuclear explosions prior to conclusion of a com6 prehensive nuclear test ban treaty; and

7 (3) urges the President and the other nuclear

8 powers to take measures necessary to achieve a multi9 lateral comprehensive nuclear test ban treaty before

10 the Non-Proliferation Treaty Extension Conference.

11 (c) DEFINITION.—As used in this section, the term

12 ‘‘Non-Proliferation Treaty’’ means the Treaty on the Non13 Proliferation of Nuclear Weapons, done at Washington,

14 London, and Moscow on July 1, 1968 (21 U.S.T. 483).

15 Ω199æPage 107, after line 13 insert:

16 SEC. 8139. (a) Notwithstanding any other provision

17 of law, the Secretary of a military department may enter

18 into a contract for use of commercial or proprietary credit

19 card services for augmenting or replacing any in-house ac20 count receivable system in use by a nonappropriated fund

21 instrumentality under the jurisdiction of that Secretary if

22 the Secretary determines that such contract is in the best

23 interest of that department.

24 (b) No official of the Department of Defense outside

25 a military department may, by regulation or otherwise,
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1 limit or control the exercise of authority under this section

2 by the Secretary of that military department.

3 Ω200æPage 107, after line 13 insert:

4 SEC. 8140. (a) PROHIBITION.—No funds appropriated

5 under this Act may be made available to the Democratic

6 People’s Republic of Korea until the President certifies and

7 reports to Congress that the Democratic People’s Republic

8 of Korea—

9 (1) does not possess nuclear weapons;

10 (2) has halted its nuclear weapons program; and

11 (3) is not exporting weapons-grade plutonium.

12 (b) NATIONAL SECURITY WAIVER.—The President

13 may waive the prohibition in this section if he determines

14 and certifies in writing to the Congress that to do so is

15 vital to the national security interest of the United States,

16 and notifies the appropriate committees of Congress 15 days

17 in advance in accordance with the regular notification pro18 cedures of such committees. Such notification shall include

19 the nature, purpose and amount of any proposed assistance.

20 Ω201æPage 107, after line 13 insert:

21 SEC. 8141. Notwithstanding any other provision of

22 law, within the funds made availability by this Act, the

23 Department of Defense shall pay the appropriate amount

24 of Aviation Continuation Pay authorized by 37 U.S.C. Sec.

25 301(b) to the survivors of persons who have signed reenlist-
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1 ment contracts on or after January 1, 1994, but whose serv2 ice connected death predates the effective date of such reen3 listment contract by less than 14 days.

4 Ω202æPage 107, after line 13 insert:

5 SEC. 8142. It is the sense of the Senate that not later

6 than 90 days after the enactment of this Act, the Depart7 ment of Defense shall submit all documents pertaining to

8 any and all Department of Defense chemical and biological

9 warfare tests involving the use of zinc cadmium sulfide con10 ducted anywhere in the United States.

11 Ω203æPage 107, after line 13 insert:

12 SEC. 8143. None of the funds made available under

13 this Act may be obligated or expended for the relocation

14 or reduction of the functions specified in the 1991 and 1993

15 Reports to the President of the Defense Base Closure and

16 Realignment Commission to be maintained at Fort Chaffee,

17 Arkansas, including all civilian management, support per18 sonnel and operations associated with these functions that

19 were in existence as of September 30, 1994.

20 Ω204æPage 107, after line 13 insert:

21 SEC. 8144. (a) None of the funds available to the De22 partment of Defense during fiscal year 1995 may be used

23 for negotiating or entering into any agreement with, nor

24 for accepting funds from, a foreign government or an entity
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1 controlled by a foreign government for a joint program for

2 the development of an advanced threat radar jammer for

3 combat helicopters until 30 days after the Secretary of De4 fense, in consultation with the Secretary of State, the Sec5 retary of the Army, and the Director of the Defense Security

6 Assistance Agency, conducts a comprehensive review of the

7 program and submits a report on the results of that review

8 to the congressional defense committees.

9 (b) This section does not apply with respect to a major

10 ally of the United States.

11 (c) In this section:

12 (1) The term ‘‘entity controlled by a foreign gov13 ernment’’ includes—

14 (A) any domestic or foreign organization or

15 corporation that is effectively owned or con16 trolled by a foreign government; and

17 (B) any individual acting on behalf of a

18 foreign government,

19 as determined by the Secretary of Defense. Such term

20 does not include an organization or corporation that

21 is owned, but is not controlled, either directly or indi22 rectly, by a foreign government if the ownership of

23 that organization or corporation by that foreign gov24 ernment was effective before October 23, 1992.
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1 (2) The term ‘‘major ally of the United States’’

2 has the meaning given such term in section

3 2350a(i)(2) of title 10, United States Code.

4 Ω205æPage 107, after line 13 insert:

5 SEC. 8145. SENSE OF THE SENATE CONCERNING LOWRY

6 AFB.

7 It is the sense of the Senate that—

8 (1) in issuing any lease, permit or deed of con9 veyance for use to assist the homeless under the Stew10 art B. McKinney Homeless Assistance Act concerning

11 Lowry Air Force Base, Colorado, the Secretary of

12 Health and Human Services, representatives of the

13 city of Denver, Colorado, representatives of the city of

14 Aurora, Colorado and representatives of homeless pro15 viders whose applications have been approved by the

16 Secretary of Health and Human Services should

17 jointly determine that such use is reasonable under

18 the redevelopment plan for Lowry Air Force Base,

19 Colorado; and

20 (2) the Department of Defense and the Depart21 ment of Health and Human Services, in coordination

22 with the appropriate committees of Congress and ap23 propriate State and local authorities, should develop

24 a reform proposal to address the many difficulties

25 created for local communities by existing laws relat-
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1 ing to the loan, lease or conveyance for use of govern2 ment property during the base closure process.

3 Ω206æPage 107, after line 13 insert:

4 SEC. 8146. (a) None of the funds appropriated in this

5 Act for a second low rate initial production (LRIP) con6 tract or contract option for the Hunter unmanned aerial

7 vehicle (UAV) system may be obligated until the Depart8 ment of Defense certifies to the congressional defense com9 mittees that—

10 (1) two Hunter UAV systems have been accepted

11 by the Government using the currently defined Ac12 ceptance Test Procedure;

13 (2) the operational tempo (OPTEMPO) phase of

14 the risk reduction program has been successfully com15 pleted; and

16 (3) the flight test portion of the first article test

17 (FAT) has been successfully completed.

18 (b) None of the funds appropriated in this Act may

19 be obligated to procure more than four Hunter UAV systems

20 until the Logistics Support Analysis (LSA) report has been

21 submitted to the relevant committees of Congress and the

22 Department of Defense has certified to these committees that

23 the LSA is sufficient to fully support fielding of the Hunter

24 UAV.

25 Ω207æPage 107, after line 13 insert:
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1 SEC. 8147. It is the sense of the Senate that of the

2 funds appropriated by title VIII of Public Law 102–396

3 (106 Stat. 1899) for defense reinvestment for economic

4 growth, the unobligated balance of the funds made available

5 by such title for military service members occupational con6 version and training shall remain available until Septem7 ber 30, 1995.

8 Ω208æPage 107, after line 13 insert:

9 Sec. 8148. (a) Sense of the Senate concerning Japan

10 fulfilling its commitments under the Host Nation Support

11 Agreement it signed with the United States on January 14,

12 1991:

13 (b) The Senate finds—

14 (1) That, the United States-Japan Security

15 Treaty continues to be a strong bond between our two

16 countries, serving as a main pillar of the bilateral re17 lationship;

18 (2) That, the bilateral relationship is of vital im19 portance to both countries and to the stability of the

20 Asia Pacific region and the entire world;

21 (3) That, Japan’s willingness to share the costs

22 of maintaining forces in Japan is an important con23 tribution to strengthening our security partnership;

24 (4) That, it has often been asserted that Japan’s

25 host nation support for American forces provides a
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1 model defense burden-sharing arrangement for our al2 lies;

3 (5) That, Japan and the United States signed a

4 new Host Nation Support Agreement on January 14,

5 1991, providing for Japan to assume—over five years

6 beginning in Japanese Fiscal Year 1991 and ending

7 in fiscal year 1995—virtually all yen-based costs of

8 maintaining United States forces in Japan;

9 (6) That, Japan voluntarily entered into that

10 agreement more than a year before the expiration of

11 the previous Host Nation Support Agreement which

12 was not as generous;

13 (7) That, the Government of Japan hailed the

14 new agreement as ‘‘a step of great significance for the

15 overall relationship between the two countries’’;

16 (8) That, Japan’s Defense Agency appears to

17 have decided to decrease expenses for bearing the cost

18 of stationing United States forces in Japan in its fis19 cal year 1995 budget request, thereby failing to fulfill

20 its obligations under the 1991 Host Nation Support

21 Agreement;

22 (9) That, should Japan fail to fulfill those obli23 gations, the bilateral relationship may suffer negative

24 consequences, particularly as current problems on the
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1 Korean peninsula pose a critical challenge to United

2 States-Japan security ties: Now, therefore

3 (c) It is the sense of the Senate that—

4 (1) It is in the interest of both Japan and the

5 United States to fully comply with all the provisions

6 of the Host Nation Support Agreement of 1991; and

7 (2) Should either nation wish to depart from

8 fully complying with all the provisions of that agree9 ment, it should engage in close consultations with its

10 counterpart before taking any action.

11 Ω209æPage 107, after line 13 insert:

12 SEC. 8149. None of the funds appropriated in this Act

13 may be transferred to or obligated from the Pentagon Res14 ervation Maintenance Revolving Fund, unless the Secretary

15 of Defense certifies that the total cost for the planning de16 sign, construction and installation of equipment for the ren17 ovation of the Pentagon Reservation will not exceed

18 $1,218,000,000.

19 Ω210æPage 107, after line 13 insert:

20 SEC. 8150. BOSNIA AND HERCEGOVINA.

21 (a) PURPOSE.—To express the sense of Congress con22 cerning the international efforts to end the conflict in

23 Bosnia and Hercegovina, and to establish a process to end

24 the arms embargo on the Government of Bosnia and

25 Hercegovina.
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1 (b) STATEMENT OF SUPPORT.—The Congress supports

2 the efforts of the so-called ‘‘contact group’’ composed of rep3 resentatives of the United States, Russia, France, Britain,

4 and Germany to bring about a peaceful settlement of the

5 conflict in Bosnia and Hercegovina based upon the con6 tact’s group proposal of July 6, 1994 that has been agreed

7 to by the Government of Bosnia and Hercegovina and re8 jected by the Bosnian Serb faction.

9 (c) SENSE OF THE CONGRESS.—It is the sense of the

10 Congress that:

11 (1) The United States should work with the

12 NATO Member nations and other permanent Members

13 of the United Nations Security Council to bring about

14 a peaceful settlement of the conflict in Bosnia and

15 Hercegovina which maintains the territorial integrity

16 of Bosnia and Hercegovina.

17 (2) A peaceful settlement of the conflict must pre18 serve an economically, politically and militarily via19 ble Bosnian state capable of exercising its rights

20 under the United Nations Charter as part of a peace21 ful settlement, including the lifting of the arms em22 bargo on the Government of Bosnia and Hercegovina

23 so that it can exercise the inherent right of a sov24 ereign state to self-defense.
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1 (3) The acceptance of the contact group’s peace

2 proposal by the Government of Bosnia and

3 Hercegovina should lead to the lifting of the inter4 national arms embargo on that Government.

5 (4) In providing weapons to the Bosnian Gov6 ernment or taking other actions, care should be taken

7 to provide for the safety of the United Nations Protec8 tion Force (UNPROFOR) and the civilian personnel

9 working for the United Nations or non-governmental

10 volunteer organizations.

11 (5) The United States should immediately seek to

12 organize an international effort to provide assistance

13 to the nations bordering Serbia and Montenegro to

14 bring about more effective enforcement by those na15 tions of the international economic sanctions on the

16 Government of Serbia and Montenegro.

17 (d) POLICY.—The United States should exercise leader18 ship within the international community to cause the

19 Bosnian Serb faction to accept the contact’s group’s pro20 posal. Such action should be taken on separate but com21 plimentary international and unilateral tracks. Accord22 ingly:

23 (1) International: If the Bosnian Serbs have not

24 accepted the contact group’s proposal of July 6, 1994

25 within 10 days after the enactment of this Act or by
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1 October 15, 1994, whichever is later, the President or

2 his representative should formally introduce and sup3 port a resolution in the United Nations Security

4 Council, within fourteen days thereafter, to terminate

5 the international arms embargo on the Government of

6 Bosnia and Hercegovina. The termination of the

7 arms embargo on the Government of Bosnia and

8 Hercegovina may be accomplished in stages but

9 should result in a lifting of the arms embargo no later

10 than December 1, 1994.

11 (2) Unilateral: If the United Nations Security

12 Council has not voted to lift the international arms

13 embargo on the Government of Bosnia and

14 Hercegovina in accordance with paragraph (1) with15 in 15 days after the President or his representative

16 has formally introduced such a resolution or by No17 vember 15, 1994, whichever is earlier, and the

18 Bosnian Serbs have not accepted the contact group’s

19 proposal of July 6, 1994 by that date:

20 (A) None of the funds available to the De21 partment of Defense for any fiscal year shall

22 thereafter be used for the purpose of participa23 tion in, support for, or assistance to the enforce24 ment of the arms embargo on the Government of

25 Bosnia and Hercegovina but the President may
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1 waive this provision in the case of United States

2 military personnel serving in NATO head3 quarters staff positions. Nothing in this provi4 sion is intended to impede sanctions enforcement

5 against Serbia;

6 (B) The President shall submit a plan to

7 and consult with the Congress on the manner in

8 which the Armed Forces of the United States and

9 other friendly nations would provide training to

10 the armed forces of the Government of Bosnia

11 and Hercegovina outside of the territory of

12 Bosnia and Hercegovina; and

13 (C) The President shall submit a plan to

14 and consult with the Congress regarding unilat15 eral lifting by the United States of the arms em16 bargo on the Government of Bosnia and

17 Hercegovina.

18 (3) Interim: If the Bosnian Serb faction attacks

19 the United Nations declared safe areas, the President

20 or his representative should promptly introduce and

21 support a resolution in the United Nations Security

22 Council that authorizes a selective lifting of the arms

23 embargo on the Government of Bosnia and

24 Hercegovina to provide defensive weapons, such as

25 anti-tank weapons, counter-battery radars, and mor-
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1 tars, to enable the forces of the Government of Bosnia

2 and Hercegovina to defend the safe areas.

3 Ω211æPage 107, after line 13 insert:

4 SEC. 8151. TERMINATION OF ARMS EMBARGO.—

5 (1) TERMINATION.—The President shall termi6 nate the United States arms embargo of the Govern7 ment of Bosnia and Herzegovina no later than No8 vember 15, 1994 so that government may exercise its

9 right of self-defense under Article 51 of the United

10 Nations Charter.

11 (2) DEFINITION.—As used in this section, the

12 term ‘‘United States arms embargo of the Government

13 of Bosnia and Herzegovina’’ means the application to

14 the Government of Bosnia and Herzegovina of—

15 (A) the policy adopted July 10, 1991, and

16 published in the Federal Register of July 19,

17 1991 (58 F.R. 33322) under the heading ‘‘Sus18 pension of Munitions Export Licenses to Yugo19 slavia’’; and

20 (B) any similar policy being applied by the

21 United States Government as of the date of re22 ceipt of the request described in paragraph (1)

23 pursuant to request described in paragraph (1)

24 pursuant to which approval is denied for trans-
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1 fers of defense articles and defense services to the

2 former Yugoslavia.

3 (3) RULE OF CONSTRUCTION.—Nothing in this

4 section shall be interpreted as authorization for de5 ployment of United States forces in the territory of

6 Bosnia and Herzegovina for any purpose, including

7 training, support, or delivery of military equipment.

8 Ω212æPage 107, after line 13 insert:

9 SEC. 8152. (a) Of the funds appropriated under the

10 heading ‘‘Research, Development, Test and Evaluation,

11 Navy’’ in title IV of this Act, $3,900,000 shall be made

12 available only for the Joint Primary Aircraft Training

13 System (JPATS) program.

14 (b) Of the funds appropriated under the heading ‘‘Re15 search, Development, Test and Evaluation, Air Force’’ in

16 title IV of this Act, $37,057,000 shall be made available

17 only for the JPATS program.

18 (c) Of the funds appropriated under the heading ‘‘Air19 craft Procurement, Air Force’’ in title III of this Act,

20 $78,265,000 shall be made available only for the JPATS

21 program.

22 Ω213æPage 107, after line 13 insert:

23 SEC. 8153. No funds appropriated by this Act may

24 be obligated or expended during fiscal year 1995 for retir-
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1 ing, or preparing to retire, any B–52H, B–1B, or F–111

2 bomber aircraft.

3 Ω214æPage 107, strike out lines 14 and 15 and insert:

4 Titles I through VIII of this Act may be cited as the

5 ‘‘Department of Defense Appropriations Act, 1995’’.

6 TITLE IX—FISCAL YEAR 1994 SUPPLEMENTAL

7 APPROPRIATION

8 The following sum is appropriated, out of any money

9 in the Treasury not otherwise appropriated, for the fiscal

10 year ending September 30, 1994, namely:

11 DEPARTMENT OF DEFENSE

12 MANAGEMENT FUNDS

13 EMERGENCY RESPONSE FUND

14 For the ‘‘Emergency Response Fund’’, $170,000,000:

15 Provided, That these funds may be used to reimburse appro16 priations of the Department of Defense for costs incurred

17 for emergency relief for Rwanda: Provided further, That the

18 Secretary of State shall provide a report to the Congress

19 no later than September 1, 1994, as to the burden-sharing

20 arrangements in the Rwanda relief operation that have been

21 negotiated and implemented with other nations, and inter22 national public and private organizations, as to both cost

23 and personnel participation, including armed forces par24 ticipation: Provided further, That the Secretary of Defense

25 shall provide assessments to the Congress no later than Sep-
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1 tember 1, 1994, of (1) any threats to the security of United

2 States personnel, including armed forces personnel, in the

3 Rwanda relief operation, and (2) the extent to which the

4 UNAMIR peacekeeping operation has established a security

5 system within the country of Rwanda: Provided further,

6 That any change in the mission from one of strict refugee

7 relief to security, peace-enforcing, nation-building or any

8 other substantive role, shall not be implemented without the

9 further approval of the Congress: Provided further, That

10 United States armed forces shall not participate in relief

11 operations inside Rwanda until and unless the President

12 has certified to the Congress that the security situation in

13 the countryside has stabilized to the extent that United

14 States forces will not play a peacekeeping or peace-enforc15 ing role between the warring factions inside Rwanda: Pro16 vided further, That no funds are available for United States

17 participation in operations in or around Rwanda after Oc18 tober 7, 1994: Provided further, That the President shall

19 provide a plan to the Congress by September 15, 1994, as

20 to how he will terminate United States involvement in the

21 Rwanda operation by October 7, 1994, unless an extension

22 of time is approved by the Congress, and what arrange23 ments have been made for other nations and international

24 public and private organizations to replace United States

25 resources and personnel.
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1 Ω215æPage 107, after line 15 insert:

2 TITLE X—MEGAN KANKA SEXUALLY VIOLENT

3 PREDATORS ACT

4 SEC. 1001. SHORT TITLE.

5 This title may be cited as the ‘‘Megan Kanka Sexually

6 Violent Predators Act’’.

7 SEC. 1002. FINDINGS.

8 Congress finds that—

9 (1) there exists a small but extremely dangerous

10 group of sexually violent persons who do not have a

11 mental disease or defect;

12 (2) persons who are sexually violent predators

13 generally have antisocial personality features that—

14 (A) are not amenable to mental illness

15 treatment modalities in existence on the date of

16 enactment of this Act; and

17 (B) render the persons likely to engage in

18 sexually violent behavior;

19 (3) the likelihood that sexually violent predators

20 will repeat acts of predatory sexual violence is high;

21 and

22 (4) the prognosis for curing sexually violent

23 predators is poor and the treatment needs of the pop24 ulation of the predators are very long-term.
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1 SEC. 1003. DEFINITIONS.

2 As used in this title:

3 (1) MENTAL ABNORMALITY.—The term ‘‘mental

4 abnormality’’ means a congenital or acquired condi5 tion of a person that affects the emotional or voli6 tional capacity of the person in a manner that pre7 disposes the person to the commission of criminal sex8 ual acts to a degree that makes the person a menace

9 to the health and safety of other persons.

10 (2) PREDATORY.—The term ‘‘predatory’’, with

11 respect to an act, means an act directed towards a

12 stranger, or a person with whom a relationship has

13 been established or promoted, for the primary purpose

14 of victimization.

15 (3) SEXUALLY VIOLENT OFFENSE.—The term

16 ‘‘sexually violent offense’’ means an act that is a vio17 lation of title 18, United States Code or State crimi18 nal code that—

19 (A) involves the use or attempted or threat20 ened use of physical force against the person or

21 property of another person; and

22 (B) is determined beyond a reasonable

23 doubt to be sexually motivated.

24 (4) SEXUALLY VIOLENT PREDATOR.—The term

25 ‘‘sexually violent predator’’ means a person who has

26 been convicted of a sexually violent offense and who
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1 suffers from a mental abnormality or personality dis2 order that makes the person likely to engage in preda3 tory sexually violent offenses.

4 SEC. 1004. ESTABLISHMENT OF PROGRAM.

5 (a) IN GENERAL.—

6 (1) STATE GUIDELINES.—In accordance with

7 this section, the Attorney General shall establish

8 guidelines for State programs to require a sexually

9 violent predator to register a current address with a

10 designated State law enforcement agency upon release

11 from prison, being placed on parole, or being placed

12 on supervised release. The Attorney General shall ap13 prove each State program that complies with the

14 guidelines.

15 (2) STATE COMPLIANCE.—

16 (A) IMPLEMENTATION DATE.—A State that

17 does not implement a program described in

18 paragraph (1) by the date that is 3 years after

19 the date of enactment of this Act, and maintain

20 the implementation thereafter, shall be ineligible

21 for funds in accordance with subparagraph (B).

22 (B) INELIGIBILITY FOR FUNDS.—

23 (i) IN GENERAL.—A State that does

24 not implement the program as described in

25 subparagraph (A) shall not receive 10 per-
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1 cent of the funds that would otherwise be al2 located to the State under section 506 of the

3 Omnibus Crime Control and Safe Streets

4 Act of 1968 (42 U.S.C. 3756).

5 (ii) REALLOCATION OF FUNDS.—Funds

6 made available under clause (i) shall be re7 allocated, in accordance with such section,

8 to such States as implement the program as

9 described in subparagraph (A).

10 (b) REGISTRATION REQUIREMENT UPON RELEASE,

11 PAROLE, OR SUPERVISED RELEASE.—

12 (1) IN GENERAL.—An approved State program

13 established in accordance with this section shall con14 tain the requirements described in this section.

15 (2) DETERMINATION.—The determination that a

16 person is a ‘‘sexually violent predator’’ and the deter17 mination that a person is no longer a ‘‘sexually vio18 lent predator’’ shall be made by the sentencing court

19 after receiving a report by a board of experts on sex20 ual offenses. Each State shall establish a board com21 posed of experts in the field of the behavior and treat22 ment of sexual offenders.

23 (3) NOTIFICATION.—If a person who is required

24 to register under this section is anticipated to be re25 leased from prison, paroled, or placed on supervised
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1 release, a State prison officer shall, not later than 90

2 days before the anticipated date of the release or com3 mencement of the parole—

4 (A) inform the person of the duty to reg5 ister;

6 (B) inform the person that if the person

7 changes residence address, the person shall give

8 the new address to a designated State law en9 forcement agency in writing not later than 10

10 days after the change of address;

11 (C) obtain the name of the person, identify12 ing factors, anticipated future residence, offense

13 history, and documentation of any treatment re14 ceived for the mental abnormality or personality

15 disorder of the person; and

16 (D) require the person to read and sign a

17 form stating that the duty of the person to reg18 ister under this section has been explained.

19 (4) TRANSFER OF INFORMATION TO STATE AND

20 THE FBI.—Not later than 3 days after the receipt of

21 the information described in paragraph (3)(C), the of22 ficer shall forward the information to a designated

23 State law enforcement agency. As soon as practicable

24 after the receipt of the information by the State law

25 enforcement agency, the agency shall—
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1 (A) enter the information into the appro2 priate State law enforcement record system and

3 notify the appropriate law enforcement agency

4 that has jurisdiction over the area in which the

5 person expects to reside; and

6 (B) transmit the information to the Identi7 fication Division of the Federal Bureau of Inves8 tigation.

9 (5) QUARTERLY VERIFICATION.—

10 (A) MAILING TO PERSON.—Not less than

11 every 90 days after the date of the release or

12 commencement of parole of a person required to

13 register under this section, the designated State

14 law enforcement agency shall mail a

15 nonforwardable verification form to the last re16 ported address of the person.

17 (B) RETURN OF VERIFICATION FORM.—

18 (i) IN GENERAL.—The person shall re19 turn, by mail, the verification form to the

20 agency not later than 10 days after the re21 ceipt of the form. The verification form

22 shall be signed by the person, and shall

23 state that the person continues to reside at

24 the address last reported to the designated

25 State law enforcement agency.
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1 (ii) FAILURE TO RETURN.—If the per2 son fails to mail the verification form to the

3 designated State law enforcement agency by

4 the date that is 10 days after the receipt of

5 the form by the person, the person shall be

6 in violation of this section unless the person

7 proves that the person has not changed the

8 residence address of the person.

9 (6) NOTIFICATION OF LOCAL LAW ENFORCEMENT

10 AGENCIES OF CHANGES IN ADDRESSES.—Any change

11 of address by a person required to register under this

12 section that is reported to the designated State law

13 enforcement agency shall as soon as practicable be re14 ported to the appropriate law enforcement agency

15 that has jurisdiction over the area in which the per16 son is residing.

17 (7) PENALTY.—A person required to register

18 under a State program established pursuant to this

19 section who knowingly fails to register and keep the

20 registration current shall be subject to criminal pen21 alties in the State. It is the sense of Congress that the

22 penalties should include imprisonment for not less

23 than 180 days.

24 (8) TERMINATION OF OBLIGATION TO REG25 ISTER.—The obligation of a person to register under
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1 this section shall terminate on a determination made

2 in accordance with the provision of paragraph (2) of

3 this section that the person no longer suffers from a

4 mental abnormality or personality disorder that

5 would make the person likely to engage in a preda6 tory sexually violent offense.

7 (c) COMMUNITY NOTIFICATION.—The designated State

8 law enforcement agency shall release relevant information

9 that is necessary to protect the public concerning a specific

10 sexually violent predator required to register under this sec11 tion.

12 (d) IMMUNITY FOR GOOD FAITH CONDUCT.—Law en13 forcement agencies, employees of law enforcement agencies,

14 and State officials shall be immune from liability for any

15 good faith conduct under this section.

Attest:

Secretary.
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