```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3116 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 3116

_______________________________________________________________________

                               AMENDMENTS
                  In the Senate of the United States,

                        October 21 (legislative day, October 13), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
3116) entitled ``An Act making appropriations for the Department of 
Defense for the fiscal year ending September 30, 1994, and for other 
purposes'', do pass with the following

                              AMENDMENTS:

 (1)Page 2, line 15, strike out [$21,571,207,000] and insert: 
$21,212,285,000

 (2)Page 3, line 3, strike out [$18,633,383,000] and insert: 
$18,156,982,000

 (3)Page 3, line 15, strike out [$5,763,117,000] and insert: 
$5,755,272,000

 (4)Page 4, line 3, strike out [$15,916,937,000] and insert: 
$15,662,809,000

 (5)Page 4, line 17, strike out [$2,143,272,000] and insert: 
$2,138,416,000

 (6)Page 5, line 6, strike out [$1,565,838,000] and insert: 
$1,550,989,000

 (7)Page 5, line 20, strike out [$350,490,000] and insert: $311,661,000

 (8)Page 6, line 9, strike out [$783,158,000] and insert: $778,919,000

 (9)Page 6, line 23, strike out [$3,334,183,000] and insert: 
$3,332,556,000

 (10)Page 7, line 14, strike out [$1,215,935,000] and insert: 
$1,230,471,000

 (11)Page 8, line 1, strike out [$15,221,091,000] and insert: 
$15,706,229,000

 (12)Page 8, line 1, strike out all after ``addition,'' down to and 
including ``and'' in line 3

 (13)Page 8, line 7, after ``Project'' insert: : Provided further, That 
of the funds appropriated in this paragraph, not less than $6,500,000 
shall be made available only for the Army Environmental Policy 
Institute, of which $2,000,000 shall be made available only for a study 
on the effects of depleted uranium on the environment: Provided 
further, That of the funds appropriated in this paragraph, $500,000 
shall be available only for a study of the effects of uranium milling, 
including exposure to radon chemicals and uranium, on the health of 
those individuals employed in uranium mills in the southwestern United 
States during the period beginning on January 1, 1947 and ending on 
December 31, 1971: Provided further, That the Senate finds that--
            (1) the United States entered into Operation Restore Hope 
        in December of 1992 for the purpose of relieving mass 
        starvation in Somalia;
            (2) the original humanitarian relief mission in Somalia had 
        the unanimous support of the Senate, expressed in Senate Joint 
        Resolution 45, passed on February 4, 1993;
            (3) the original humanitarian mission was being 
        successfully accomplished by United States forces, working with 
        forces of other nations, and an expanded mission was assumed by 
        the United Nations on May 4, 1993 pursuant to United Nations 
        Resolution 814, of March 26, 1993;
            (4) neither the expanded United Nations mission of national 
        reconciliation, nor the broad mission of disarming the clans, 
        nor any other mission not essential to the performance of the 
        humanitarian mission has been endorsed or approved by the 
        Senate;
            (5) the expanded mission of the United Nations was, 
        subsequent to an attack upon United Nations forces, diverted 
        into a mission aimed primarily at capturing certain persons, 
        pursuant to United Nations Security Council Resolution 837, of 
        June 6, 1993;
            (6) the actions of hostile elements in Mogadishu, and the 
        United Nations mission to subdue those elements, have resulted 
        in open conflict in the city of Mogadishu and the deaths of 29 
        Americans, at least 159 wounded, and the capture of American 
        personnel; and
            (7) during fiscal years 1992 and 1993, the United States 
        incurred expenses in excess of $1,100,000,000 to support 
        operations in Somalia:
Provided further, That the Senate approves the use of United States 
Armed Forces in Somalia for the following purposes--
            (i) The protection of United States personnel and bases; 
        and
            (ii) The provision of assistance in securing open lines of 
        communication for the free flow of supplies and relief 
        operations through the provision of--
                    (I) United States military logistical support 
                services to United Nations forces; and
                    (II) United States combat forces in a security role 
                and as an interim force protection supplement to United 
                Nations units:
Provided further, That funds appropriated, or otherwise made available, 
in this or any other Act to the Department of Defense may be obligated 
for expenses incurred only through March 31, 1994 for the operations of 
United States Armed Forces in Somalia: Provided further, That such date 
may be extended if so requested by the President and authorized by the 
Congress: Provided further, That funds may be obligated beyond March 
31, 1994 to support a limited number of United States military 
personnel sufficient only to protect American diplomatic facilities and 
American citizens, and noncombat personnel to advise the United Nations 
commander in Somalia: Provided further, That United States combat 
forces in Somalia shall be under the command and control of United 
States commanders under the ultimate direction of the President of the 
United States: Provided further, That the President should intensify 
efforts to have United Nations member countries immediately deploy 
additional troops to Somalia to fulfill previous force commitments made 
to the United Nations and to deploy additional forces to assume the 
security missions of United States Armed Forces: Provided further, 
That--
            (A) captured United States personnel in Somalia should be 
        treated humanely and fairly; and
            (B) the United States and the United Nations should make 
        all appropriate efforts to ensure the immediate and safe return 
        of any future captured United States personnel:
Provided further, That the President should ensure that, at all times, 
United States military personnel in Somalia have the capacity to defend 
themselves, and American citizens: Provided further, That the United 
States Armed Forces should remain deployed in or around Somalia until 
such time as all American service personnel missing in action in 
Somalia are accounted for, and all American service personnel held 
prisoner in Somalia are released

 (14)Page 8, line 17, strike out [$18,097,782,000] and insert: 
$19,845,083,000

 (15)Page 8, line 17, strike out all after ``in'' down to and including 
``and'' in line 19 and insert: addition,

 (16)Page 8, line 21, strike out all after ``Fund'' down to and 
including ``system'' in line 24

 (17)Page 9, strike out line 2

 (18)Page 9, line 5, strike out all after ``law;'' down to and 
including ``Fund'' in line 7 and insert: $1,834,495,000

 (19)Page 9, line 17, strike out [$18,305,447,000] and insert: 
$19,107,389,000

 (20)Page 9, line 17, strike out all after ``addition,'' down to and 
including ``and'' in line 19

 (21)Page 9, line 20, strike out all after ``Fund'' over to and 
including ``Pennsylvania'' in line 23 on page 10

 (22)Page 11, line 5, strike out [$9,487,133,000] and insert: 
$9,452,165,000

 (23)Page 11, line 12, strike out all after ``purposes'' down to and 
including ``law'' in line 20 and insert: : Provided, That of the funds 
appropriated under this heading, $58,000,000 shall be made available 
only for aiding school districts in accordance with authority granted 
under sections 3(a) through 3(e) of Public Law 81-874: Provided 
further, That of the funds appropriated in this paragraph, not less 
than $50,000,000 shall be made available only for the Legacy Resource 
Management Program, of which not less than $200,000 shall be made 
available for the Legacy Resource Management Program fellowships: 
Provided further, That of the funds appropriated under this heading, 
$10,000,000 shall be made available only for the repair and maintenance 
of federally owned education facilities located on military 
installations

 (24)Page 11, line 20, after ``law'' insert: : Provided further, That 
of the funds appropriated under this heading, $1,000,000 shall be made 
available only for use by the Office of the Secretary of Defense for 
the exploitation of captured Iraqi Government documents relating to the 
Kurds and other minorities of northern Iraq: Provided further, That the 
funds in the preceding proviso may be made available for personal 
service contracts of Arabic-language linguists and may be exempt from 
competitive bidding requirements: Provided further, That of the funds 
appropriated under this heading, $1,000,000 shall be made available 
only for the Defense Mapping Agency to evaluate and procure available 
imagery photographs and materials from successor states of the former 
Soviet Union: Provided further, That the Director of the Defense 
Mapping Agency shall report to the Congressional Defense Committees the 
availability of such imagery materials, priorities for acquisition and 
the process for the dissemination of such materials to Federal 
agencies, State and local authorities, academic institutions and the 
private sector not later than March 15, 1994

 (25)Page 12, line 3, strike out all after ``communications;'' down to 
and including ``law'' in line 6 and insert: $1,057,740,000

 (26)Page 12, line 14, strike out [$807,200,000] and insert: 
$761,137,000

 (27)Page 12, line 14, strike out all after ``$807,200,000'' down to 
and including ``Command'' in line 18

 (28)Page 12, line 18, strike out all after ``Command'' down to and 
including ``law'' in line 20

 (29)Page 13, line 4, strike out all after ``communications;'' down to 
and including ``law'' in line 6 and insert: $75,125,000

 (30)Page 13, line 14, strike out all after ``communications;'' down to 
and including ``law'' in line 17 and insert: $1,333,470,000

 (31)Page 14, line 9, strike out [$2,272,018,000] and insert: 
$2,216,944,000

 (32)Page 14, line 9, strike out all after ``$2,272,018,000'' down to 
and including ``law'' in line 15 and insert: : Provided, That of the 
funds appropriated under this heading, $3,000,000 shall be made 
available only for the MEDRETES program

 (33)Page 15, line 10, strike out [$2,695,233,000] and insert: 
$2,686,299,000

 (34)Page 15, line 10, strike out all after ``$2,695,233,000'' down to 
and including ``Group'' in line 15

 (35)Page 15, line 15, strike out all after ``Group'' down to and 
including ``law'' in line 17

 (36)Page 16, line 14, strike out [$5,855,000] and insert: $6,055,000

 (37)Page 16, line 16, strike out all after ``purposes'' down to and 
including ``law'' in line 18

 (38)Page 16, line 21, strike out [$1,716,800,000] and insert: 
$2,207,800,000

 (39)Page 16, line 25, strike out all after ``waste,'' over to and 
including ``and'' in line 1 on page 17

 (40)Page 17, strike out all after line 18 over to and including line 5 
on page 19 and insert:

                            Summer Olympics

    For logistical support and personnel services (other than pay and 
nontravel related allowances of members of the Armed Forces of the 
United States, except for members of the reserve components thereof 
called or ordered to active duty to provide support for the 1996 Games 
of the XXVI Olympiad to be held in Atlanta, Georgia) provided by any 
component of the Department of Defense to the 1996 Games of the XXVI 
Olympiad; $2,000,000.

                           World Cup USA 1994

    For logistical support and personnel services (other than pay and 
nontravel related allowances of members of the Armed Forces of the 
United States, except for members of the reserve components thereof 
called or ordered to active duty to provide support for the World Cup 
USA 1994 Organizing Committee) provided by any component of the 
Department of Defense to the World Cup USA 1994 Organizing Committee; 
$12,000,000.

 (41)Page 19, line 8, after ``Afghanistan'' insert: , the Kurdish 
population and other minorities of northern Iraq,

 (42)Page 19, line 8, after ``and'' insert: the people of

 (43)Page 19, line 12, strike out [$15,000,000] and insert: $48,000,000

 (44)Page 19, line 13, strike out all after ``1995'' down to and 
including ``law'' in line 15 and insert: : Provided, That of the funds 
appropriated under this heading, $30,000,000 shall be made available 
only for Kurdish relief activities, of which $15,000,000 shall be made 
available for a 1993-1994 winterization relief program: Provided 
further, That of the funds appropriated under this heading, $10,000,000 
shall be made available for activities to support clearing of land 
mines for humanitarian purposes

 (45)Page 20, line 3, after ``expended'' insert: : Provided, That of 
the funds appropriated under this heading, $10,000,000 shall be made 
available only for the continuing study, assessment, and identification 
of nuclear waste disposal by the former Soviet Union in the Arctic 
region: Provided further, That the transfer authority provided in 
section 9110(a) of the Department of Defense Appropriations Act, 1993, 
shall continue to be in effect during fiscal year 1994: Provided 
further, That any transfer made under the foregoing proviso in this 
paragraph shall be subject to the limitations and the reporting 
requirements stipulated in section 8006 of this Act

 (46)Page 20, line 3, after ``expended'' insert: : Provided further, 
That the Director of Central Intelligence shall report to the President 
and the Congressional defense and intelligence committees on the 
current status of intercontinental ballistic missile development and 
production in states eligible for assistance under this heading: 
Provided further, That none of the funds appropriated under this 
heading may be expended or transferred to an otherwise eligible 
recipient state if the President concludes, and notifies the 
Congressional defense and intelligence committees in a written report, 
that the potential recipient is currently engaged in the production of 
a new road mobile or fixed-site land based intercontinental ballistic 
missile armed with multiple nuclear re-entry vehicles

 (47)Page 20, line 19, strike out [$1,726,164,000] and insert: 
$1,125,303,000

 (48)Page 20, line 20, strike out all after ``1996'' down to and 
including ``law'' in line 22

 (49)Page 21, line 11, strike out [$1,126,110,000] and insert: 
$934,123,000

 (50)Page 21, line 12, strike out all after ``1996'' down to and 
including ``law'' in line 14

 (51)Page 22, line 4, strike out [$892,709,000] and insert: 
$805,074,000

 (52)Page 22, line 5, strike out all after ``1996'' down to and 
including ``law'' in line 7

 (53)Page 22, strike out line 9

 (54)Page 22, line 22, strike out [$620,787,000] and insert: 
$610,174,000

 (55)Page 22, line 22, strike out all after ``$620,787,000,'' over to 
and including ``Defense,'' in line 1 on page 23

 (56)Page 23, line 19, strike out [$2,904,933,000] and insert: 
$2,784,474,000

 (57)Page 23, line 20, after ``1996'' insert: : Provided further, That 
of the funds appropriated under this heading, $18,000,000 shall be 
available only for Heavy Armor Modification for the High-Mobility 
multipurpose wheeled vehicle

 (58)Page 24, line 7, strike out [$5,664,216,000] and insert: 
$5,665,615,000

 (59)Page 24, line 20, strike out all after ``layaway;'' down to and 
including ``1996'' in line 21 and insert: $2,972,906,000, to remain 
available for obligation until September 30, 1996: Provided, That of 
the funds appropriated in this paragraph, $1,028,596,000 shall not be 
obligated or expended for procurement or advance procurement of Trident 
II missiles unless the President has certified to Congress that the 
other signatories to the START treaty have rejected a United States 
proposal to the Joint Compliance and Inspection Commission that 
``detubing'' be accepted as an option for eliminating SLBM launchers 
under START II or until the President has certified to Congress that 
such course of action would not be in the national interest

 (60)Page 24, line 21, strike out all after ``1996'' down to and 
including ``law'' in line 24

 (61)Page 25, after line 13, insert:
            Carrier replacement program, $3,403,600,000: Provided, That 
        these funds shall not be obligated or expended until authorized 
        by law;

 (62)Page 25, line 15, strike out [$2,642,772,000] and insert: 
$2,610,972,000

 (63)Page 25, line 17, after ``$893,848,000'' insert: , of which 
$50,000,000 may be available for advance procurement on the LHD-7 
amphibious assault ship

 (64)Page 25, strike out lines 18 and 19

 (65)Page 25, line 20, strike out all after ``program,'' over to and 
including ``B-253129)'' in line 7 on page 26 and insert: $62,482,000

 (66)Page 26, lines 8 and 9, strike out [production design support,] 
and insert: and

 (67)Page 26, lines 9 and 10, strike out [and cost growth, 
$595,131,000] and insert: $330,104,000

 (68)Page 26, line 11, strike out [$5,397,102,000] and insert: 
$7,332,133,000

 (69)Page 26, line 23, strike out all after ``shipyards'' down to and 
including ``law'' in line 25

 (70)Page 27, line 14, strike out [$2,980,815,000] and insert: 
$2,794,718,000

 (71)Page 27, line 15, strike out all after ``1996'' down to and 
including ``Center'' in line 23

 (72)Page 27, line 23, strike out all after ``Center'' over to and 
including ``Center'' in line 3 on page 28

 (73)Page 28, line 3, strike out all after ``Center'' down to and 
including ``Command'' in line 7

 (74)Page 28, line 7, strike out all after ``Command'' down to and 
including ``Force'' in line 10

 (75)Page 28, line 10, strike out all after ``Force'' down to and 
including ``law'' in line 13

 (76)Page 29, line 2, strike out [$527,754,000] and insert: 
$441,056,000

 (77)Page 29, line 3, strike out all after ``1996'' down to and 
including ``law'' in line 5

 (78)Page 29, line 20, strike out [$6,887,201,000] and insert: 
$4,017,475,000

 (79)Page 29, line 21, strike out all after ``1996'' down to and 
including ``aircraft'' in line 23

 (80)Page 29, line 23, after ``aircraft'' insert: : Provided, That of 
the funds appropriated under this paragraph, $4,500,000 shall be 
available for replacement of the TER-9A ejection rack for F-16 fighter 
aircraft

 (81)Page 30, line 14, strike out [$3,845,354,000] and insert: 
$4,127,514,000

 (82)Page 30, line 15, strike out all after ``1996'' down to and 
including ``law'' in line 17

 (83)Page 31, line 10, strike out [$7,336,918,000] and insert: 
$7,527,084,000

 (84)Page 31, line 16, strike out [$1,178,100,000] and insert: 
$785,000,000

 (85)Page 31, line 17, strike out all after ``1996'' down to and 
including ``law'' in line 19

 (86)Page 32, line 12, strike out [$1,557,344,000] and insert: 
$1,602,726,000

 (87)Page 32, line 13, strike out all after ``1996'' down to and 
including ``conversion'' in line 24

 (88)Page 33, strike out lines 1 to 12

 (89)Page 33, line 22, strike out [$5,560,082,000] and insert: 
$5,275,385,000

 (90)Page 34, line 4, strike out all after ``Maryland'' down to and 
including ``law'' in line 18 and insert: : Provided further, That of 
the funds appropriated under this heading, $15,000,000 may be made 
available for an upgrade of the Los Alamos Meson Physics Facility/Los 
Alamos Neutron Scattering Center upon the determination by the 
Secretary of Defense and the Secretary of Energy that the project will 
make a significant contribution to enhancing the capabilities of United 
States armed forces

 (91)Page 34, line 25, strike out [$8,604,777,000] and insert: 
$7,925,369,000

 (92)Page 35, line 1, strike out all after ``1995'' down to and 
including ``projects'' in line 16

 (93)Page 35, line 16, strike out all after ``projects'' down to and 
including ``program'' in line 24

 (94)Page 35, line 24, strike out all after ``program'' over to and 
including ``Government'' in line 6 on page 36

 (95)Page 36, line 6, strike out all after ``Government'' down to and 
including ``Government'' in line 12

 (96)Page 36, line 12, strike out all after ``Government'' down to and 
including ``aircraft'' in line 21

 (97)Page 36, line 21, strike out all after ``aircraft'' over to and 
including ``ship'' in line 4 on page 37

 (98)Page 37, line 4, strike out all after ``ship'' down to and 
including ``responsibilities'' in line 10

 (99)Page 37, line 17, strike out [$12,608,995,000] and insert: 
$11,847,970,000

 (100)Page 37, line 18, strike out all after ``1995'' over to and 
including ``(NCMS)'' in line 2 on page 38 and insert: : Provided, That 
not less than $74,000,000 of the funds appropriated in this paragraph 
shall be made available only for development of the Global Positioning 
System (GPS) Aided Relative Synthetic Aperture Radar Targeting/GPS-
Aided Munitions (GATS/GAM) capability for the B-2 Advanced Technology 
Bomber: Provided further, That of the funds appropriated in this 
paragraph, not less than $15,000,000 of the funds in the Advanced 
Weapons program element shall be made available only to continue the 
establishment and operation of an image information processing center 
supporting the Air Force Maui Space Surveillance Site (MSSS): Provided 
further, That of the funds appropriated in this paragraph, $2,000,000 
shall be made available only for development and testing of down-sized 
test equipment for the F-15

 (101)Page 38, line 12, strike out [$9,376,918,000] and insert: 
$8,296,588,000

 (102)Page 38, line 13, strike out all after ``1995'' over to and 
including ``programs'' in line 4 on page 39

 (103)Page 39, line 4, strike out all after ``programs'' over to and 
including ``search'' in line 18 on page 41 and insert: : Provided, That 
of the funds appropriated in this paragraph, not less than $5,000,000 
of the funds in the High Performance Computing Modernization program 
element shall be made available only to upgrade the supercomputing 
capability and capacity of the Maui High Performance Computing Center

 (104)Page 41, line 18, after ``search'' insert: : Provided further, 
That of the funds appropriated under this heading, $10,500,000 shall be 
available only for the ARPA Nuclear Nonproliferation Technology 
Initiative

 (105)Page 41, line 18, after ``search'' insert: : Provided further, 
That of the funds appropriated in this paragraph, $6,500,000 shall be 
available for the establishment and operation of a Joint Simulation 
Center for Warfighting Concepts and Doctrine Development: Provided 
further, That of the funds appropriated in this paragraph, $5,000,000 
shall be available for the establishment of a Peace Enforcement 
Doctrine Development Center

 (106)Page 41, line 18, after ``search'' insert: : Provided further, 
That of the funds appropriated under this heading, $4,600,000 shall be 
made available only for the design and demonstration of the Yankee 
Methanol Plantship
 (107)Page 42, line 1, strike out [$232,592,000] and insert: 
$228,047,000

 (108)Page 42, line 17, strike out [$1,091,100,000] and insert: 
$1,161,095,000

 (109)Page 42, line 17, strike out all after ``$1,091,100,000'' down to 
and including ``operations'' in line 24

 (110)Page 43, line 1, strike out [Sealift] and insert: Strategic Lift

 (111)Page 43, strike out line 2

 (112)Page 43, line 3, strike out [Sealift] and insert: Strategic Lift

 (113)Page 43, line 4, strike out [$490,800,000] and insert: 
$2,669,100,000

 (114)Page 43, line 5, strike out all after ``expended'' over to and 
including ``weight'' in line 2 on page 44

 (115)Page 44, line 8, strike out [$9,644,447,000] and insert: 
$9,576,209,000

 (116)Page 44, line 9, strike out [$9,368,185,000] and insert: 
$9,303,447,000

 (117)Page 44, line 10, strike out [$276,262,000] and insert: 
$272,762,000

 (118)Page 44, line 21, after ``tucky'' insert: and that one multi-
state region shall include the State of New Mexico

 (119)Page 44, line 21, strike out all after ``tucky'' over to and 
including ``law'' in line 2 on page 45 and insert: : Provided further, 
That of the funds appropriated under this heading, not less than 
$1,410,000 shall be made available only for annual incentive pay 
bonuses for certified nurse anesthetists: Provided further, That of the 
funds appropriated under this heading, not less than $3,000,000 shall 
be made available only for nursing research programs: Provided further, 
That of the funds appropriated under this heading, $1,500,000 shall be 
made available for the National Museum of Health and Medicine

 (120)Page 45, line 11, strike out [$397,561,000] and insert: 
$395,847,000

 (121)Page 45, line 12, strike out [$292,061,000] and insert: 
$278,361,000

 (122)Page 45, line 13, strike out [$74,800,000] and insert: 
$65,886,000, shall be for Procurement

 (123)Page 45, line 14, strike out [shall be for Procurement,]

 (124)Page 45, line 14, strike out [$30,700,000] and insert: 
$51,600,000, shall be for Research, development, test and evaluation

 (125)Page 45, lines 15 and 16, strike out [, shall be for Research, 
development, test and evaluation]

 (126)Page 45, line 16, strike out all after ``evaluation'' down to and 
including ``law'' in line 18

 (127)Page 46, line 3, strike out [$757,785,000] and insert: 
$1,080,656,000

 (128)Page 46, line 9, strike out all after ``Act'' down to and 
including ``Initiative'' in line 12

 (129)Page 46, line 17, strike out [$169,801,000] and insert: 
$127,601,000

 (130)Page 46, line 17, strike out [$169,001,000] and insert: 
$126,801,000

 (131)Page 47, strike out line 3

 (132)Page 47, strike out lines 12 to 20 and insert:
    For the purposes of Title VIII of Public Law 102-183, $24,000,000 
to be derived from the National Security Education Trust Fund, to 
remain available until expended.

 (133)Page 47, line 23, strike out [$114,688,000] and insert: 
$115,788,000

 (134)Page 48, line 22, after ``1980'' insert: : Provided further, That 
the limitations of this provision shall not apply to foreign national 
employees of the Department of Defense in the Republic of Turkey

 (135)Page 49, strike out lines 14 to 18

 (136)Page 49, line 23, strike out [$2,000,000,000] and insert: 
$1,500,000,000

 (137)Page 54, strike out all after line 3 over to and including line 3 
on page 55 and insert:
    Sec. 8012. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported to Congress on 
September 30 of each year: Provided, That funds available for operation 
and maintenance shall be available for providing humanitarian and 
similar assistance by using Civic Action Teams in the Trust Territories 
of the Pacific Islands and freely associated states of Micronesia, 
pursuant to the Compact of Free Association as authorized by Public Law 
99-239: Provided further, That upon a determination by the Secretary of 
the Army that such action is beneficial for graduate medical education 
programs conducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of medical services 
at such facilities and transportation to such facilities, on a 
nonreimbursable basis, for civilian patients from American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Marshall Islands, the 
Federated States of Micronesia, Palau, and Guam.

 (138)Page 55, strike out all after line 11 over to and including line 
4 on page 56 and insert:
    Sec. 8014. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the fifty United States, its territories, 
and the District of Columbia, 131,250 civilian workyears: Provided, 
That workyears shall be applied as defined in the Federal Personnel 
Manual: Provided further, That workyears expended in dependent student 
hiring programs for disadvantaged youths shall not be included in this 
workyear limitation.

 (139)Page 60, strike out all after line 5 over to and including line 4 
on page 62, and insert:
    Sec. 8023. None of the funds appropriated or made available by this 
Act may be obligated for acquisition of major automated information 
systems which have not successfully completed oversight reviews 
required by Defense Department regulations: Provided, That none of the 
funds appropriated or made available by this Act may be obligated on 
Composite Health Care System acquisition contracts if such contracts 
would cause the total life cycle cost estimate of $1,600,000,000 
expressed in fiscal year 1986 constant dollars to be exceeded.

 (140)Page 62, strike out all after line 15 over to and including line 
23 on page 64 and insert:
    Sec. 8025. None of the funds appropriated by this Act may be used 
to establish new region-wide, at-risk, fixed price managed care 
contracts possessing features similar to those of the CHAMPUS Reform 
Initiative until such time as the Secretary of Defense submits to the 
Congress a plan to implement a nation-wide managed health care program 
for the military health services system: Provided, That the program 
shall include, but not be limited to: (1) a uniform, stabilized benefit 
structure characterized by a triple option health benefit feature; (2) 
a regionally-based health care management system; (3) cost minimization 
incentives including ``gatekeeping'' and annual enrollment procedures, 
capitation budgeting, and at-risk provider contracts; and (4) full and 
open competition for all managed care support contracts: Provided 
further, That the implementation of the nation-wide managed care 
military health services system shall be completed by September 30, 
1996.

 (141)Page 66, strike out all after line 17 over to and including line 
22 on page 68 and insert:
    Sec. 8028. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended for development or 
procurement of any automated Computer Aided Logistics system unless 
specific approval for such system is provided in writing to the 
Committees on Appropriations and Armed Services of the House and Senate 
by the Deputy Under Secretary of Defense (Logistics) at least 30 days 
prior to any contract solicitation.

 (142)Page 68, strike out all after line 22 over to and including line 
21 on page 69, and insert:
    Sec. 8029. Notwithstanding any other provision of law, none of the 
funds appropriated in this Act may be used to purchase, install, 
replace, or otherwise repair any lock on a safe or security container 
which protects information critical to national security or any other 
classified materials and which has not been certified as passing the 
security lock specifications contained in regulation FF-L-2740 dated 
October 12, 1989, and has not passed all testing criteria and 
procedures established through February 28, 1992.

 (143)Page 69, strike out all after line 21 over to and including line 
2 on page 71 and insert:
    Sec. 8030. None of the funds available to the Department of the 
Navy may be used to enter into any contract for the overhaul, repair, 
or maintenance of any naval vessel homeported on the West Coast of the 
United States which includes charges for interport differential as an 
evaluation factor for award.

 (144)Page 73, strike out all after line 16 over to and including line 
10 on page 75

 (145)Page 75, after line 10 insert:
    Sec. 8035. Such sums as may be necessary for fiscal year 1994 pay 
raises for programs funded by this Act shall be derived from funds 
within the amounts appropriated in this Act.

 (146)Page 78, line 19, strike out [the Letterman Army Institute of 
Research] and insert: any Army Research Laboratory

 (147)Page 79, strike out all after line 16 over to and including line 
4 on page 80 and insert:
    Sec. 8046. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense in fiscal year 1994 for 
construction or service performed in whole or in part in a State which 
is not contiguous with another State and has an unemployment rate in 
excess of the national average rate of unemployment as determined by 
the Secretary of Labor shall include a provision requiring the 
contractor to employ, for the purpose of performing that portion of the 
contract in such State that is not contiguous with another State, 
individuals who are residents of such State and who, in the case of any 
craft or trade, possess or would be able to acquire promptly the 
necessary skills: Provided, That the Secretary of Defense may waive the 
requirements of this section in the interest of national security.

 (148)Page 82, strike out lines 9 to 18 and insert:
    Sec. 8051. Notwithstanding any other provision of law, a qualified 
Indian Tribal or Alaska Native Corporation which enters into a joint 
venture with a qualified small business concern shall not be denied the 
opportunity to compete for and be awarded a procurement contract to 
supply a product under the program provided for by section 2323 of 
title 10, United States Code, solely because the Indian Tribal or 
Alaska Native Corporation is not the actual manufacturer or processor 
of the product to be supplied.

 (149)Page 82, line 20, strike out [$11,679,000] and insert: 
$10,596,000

 (150)Page 82, line 21, strike out [$4,642,000] and insert: $4,471,000

 (151)Page 84, strike out lines 13 to 24 and insert:
    Sec. 8056. Notwithstanding any other provision of law, in addition 
to the funds made available elsewhere in this Act to the Department of 
the Navy, $60,000,000 to remain available until expended, shall be made 
available only for obligations incurred in the conveyance, clean-up, 
and restoration of Kaho'olawe Island.

 (152)Page 85, strike out lines 14 to 25 and insert:
    Sec. 8059. Of the funds made available by this Act in title III, 
Procurement, $8,000,000, drawn pro rata from each appropriations 
account in title III, shall be available for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974, 25 
U.S.C. 1544. These payments shall be available only to contractors 
which have submitted subcontracting plans pursuant to 15 U.S.C. 
637(d)(4)(B), and according to regulations which shall be promulgated 
by the Secretary of Defense within 90 days of the passage of this Act.

 (153)Page 86, line 17, strike out [such appropriations as necessary] 
and insert: $20,000,000,

 (154)Page 88, after line 17, insert:
    (c) Notwithstanding any other provision of law, of the amounts 
available to the Department of Defense during fiscal year 1994, not 
more than $1,352,650,000 may be obligated for financing activities of 
federally funded research and development centers.
    (d) The total amount appropriated for research, development, test 
and evaluation by this Act is hereby reduced by $200,000,000 to reflect 
the obligation limitation contained in subsection (c).

 (155)Page 88, strike out all after line 17 over to and including line 
18 on page 90 and insert:
    Sec. 8065. None of the funds available to the Department of Defense 
during the current fiscal year may be obligated or expended to develop 
for aircraft or helicopter weapons systems an airborne instrumentation 
system for flight test data acquisition, or to develop or implement 
modifications to an existing airborne instrumentation system, other 
than the Common Airborne Instrumentation System under development in 
the Central Test and Evaluation Investment Development program element 
funded in the ``Developmental Test and Evaluation, Defense'' 
appropriations account.
    Sec. 8066. None of the unobligated balances available in the 
National Defense Stockpile Transaction Fund during the current fiscal 
year may be obligated or expended to finance any grant or contract to 
conduct research, development, test and evaluation activities for the 
development or production of advanced materials, unless amounts for 
such purposes are specifically appropriated in a subsequent 
appropriations Act.

 (156)Page 92, strike out all after line 21 over to and including line 
18 on page 95 and insert:
    Sec. 8070. Notwithstanding any other provision of law, any 
statutorily-required analysis of the impact on the defense technology 
and industrial base of terminations and significant reductions of major 
research and development programs and procurement programs of the 
Department of Defense shall address only those actions recommended by 
the Defense Department in its annual budget request and amendments 
thereto, supplemental requests, or proposed rescissions.

 (157)Page 97, strike out lines 3 to 13 and insert:
    Sec. 8075. None of the funds in this or any other Act shall be 
available for the preparation of studies on--
            (a) the feasibility of removal and transportation of 
        unitary chemical weapons from the eight chemical storage sites 
        within the continental United States: Provided, That this 
        prohibition shall not apply to non-stockpile material in the 
        United States or to studies needed for environmental analysis 
        required by the National Environmental Policy Act; and
            (b) the potential future uses of the nine chemical disposal 
        facilities other than for the destruction of stockpile chemical 
        munitions and as limited by section 1412(c)(2), Public Law 99-
        145: Provided, That this prohibition does not apply to future 
        use studies for the CAMDS facility at Tooele, Utah.

 (158)Page 99, line 11, strike out [Facility,] and insert: Facility or

 (159)Page 99, lines 12 and 13, strike out [, or any other building not 
an integral part of the present Pentagon building]

 (160)Page 99, strike out lines 22 to 25

 (161)Page 99, after line 25 insert:
    Sec. 8083. Notwithstanding any other provision of law, the Naval 
shipyards of the United States shall be eligible to participate in any 
manufacturing extension program financed by funds appropriated in this 
or any other Act.

 (162)Page 100, line 8, after ``Act'' insert: : Provided further, That 
$5,000,000 of the funds made available by this section shall be 
available until September 30, 1995 for expenses associated with the 
construction and modification of facilities to support the relocation 
of military training programs from installations in the Philippines to 
sites in the United States

 (163)Page 101, strike out lines 5 to 9 and insert:
    Sec. 8088. None of the funds available to the Department of Defense 
for establishing a Naval East Coast Electronics Engineering Center may 
be obligated or expended for the establishment of such Headquarters at 
any location other than Charleston, South Carolina: Provided, That no 
such funds may be obligated or expended for the establishment or 
operation of subordinate detachments at St. Inigoes, Maryland, and 
Portsmouth, Virginia, with manning levels or broader functions than 
that specifically stated in the 1993 Report to the President of the 
Defense Base Closure and Realignment Commission.

 (164)Page 101, strike out all after line 9 over to and including line 
8 on page 102 and insert:
    Sec. 8089. (a) Notwithstanding any other provision of law, funds 
appropriated under this Act for the Department of Defense shall be made 
available for the Overseas Workload Program: Provided, That a firm of 
any member nation of the North Atlantic Treaty Organization (NATO) or 
of any major non-NATO ally or countries in the European Theater, shall 
be eligible to bid on any contract for the maintenance, repair, or 
overhaul of equipment of the Department of Defense to be awarded under 
competitive procedures as part of the program of the Department of 
Defense known as the Overseas Workload Program.
    (b) A contract awarded during fiscal year 1994, or thereafter, to a 
firm described in subsection (a) may be performed in the theater in 
which the equipment is normally located or in the country in which the 
firm is located.
    (c) For purposes only of this section, Israel shall be considered 
in the European Theater in every respect, with its firms fully eligible 
for nonrestrictive, nondiscriminatory contract competition under the 
Overseas Workload Program.
    (d) No funds appropriated for the Overseas Workload Program for 
fiscal year 1994 or thereafter shall be used for contracts awarded in 
fiscal year 1994 or thereafter which have not been opened for 
competition in a manner consistent with this provision.

 (165)Page 102, strike out lines 9 to 21 and insert:
    Sec. 8090. None of the funds available to the Department of the Air 
Force shall be available to establish or support any organic depot 
maintenance support activity for the B-2 bomber.

 (166)Page 102, strike out all after line 21 over to and including line 
22 on page 103 and insert:
    Sec. 8091. (a) Any college, university, or other institution which 
has been determined by the Defense Contract Audit Agency to have 
overbilled the Federal Government for indirect costs which are 
unreasonable, unallowable, or unallocable under Office of Management 
and Budget Circulars A-21 and A-133 may not receive from the Department 
of Defense, during fiscal year 1994, any grant or contract, or 
combination of grants or contracts, which totals the amount overbilled 
to the Department of Defense.
    (b) The restriction in subsection (a) shall not apply if, within 
six months after an official determination of overbilling--
            (1) the institution in question either repays in full to 
        the United States Treasury the amount overbilled to the Federal 
        Government, plus interest, or
            (2) the Under Secretary of Defense for Acquisition 
        certifies in writing to Congress that the institution is no 
        longer liable for such restitution, or that the dispute has 
        become the subject of formal judicial review.
  (c) The restriction in subsection (a) shall only apply to any 
college, university, or other institution which has been determined by 
the Defense Contract Audit Agency to have overbilled the Federal 
Government by an amount which equals or exceeds $15,000,000.

 (167)Page 104, line 2, strike out [$50,000] and insert: $25,000

 (168)Page 104, line 4, strike out [or indirect]

 (169)Page 104, strike out lines 7 to 12 and insert:
    Sec. 8094. Of the funds appropriated to the Department of Defense 
for Operation and Maintenance, Defense-Wide, not less than $8,000,000 
shall be made available until expended to the Administration for Native 
Americans within 90 days of enactment of this Act only for the 
mitigation of environmental impacts, including the gathering of 
information, documenting of environmental damage, and developing a 
system for prioritization of mitigation, on Indian lands resulting from 
Department of Defense activities.

 (170)Page 104, strike out lines 19 to 25 and insert:
    Sec. 8096. None of the funds available to the Department of Defense 
shall be used for the training or utilization of psychologists in the 
prescription of drugs, except pursuant to the findings and 
recommendations of the Army Surgeon General's Blue Ribbon Panel as 
specified in its February and August 1990 meeting minutes.

 (171)Page 105, strike out lines 1 to 23 and insert:
    Sec. 8097. During the current fiscal year, obligations against the 
stock funds of the Department of Defense may not be incurred in excess 
of 70 percent of sales from such stock funds during the current fiscal 
year: Provided, That in determining the amount of obligations against, 
and sales from the stock funds, obligations and sales for fuel, 
subsistence, commissary items, retail operations, the cost of 
operations, and repair of spare parts shall be excluded: Provided 
further, That upon a determination by the Secretary of Defense that 
such action is critical to the national security of the United States, 
the Secretary may waive the provisions of this section: Provided 
further, That if the provisions of this section are waived, the 
Secretary shall immediately notify the Congress of the waiver and the 
reasons for such a waiver.

 (172)Page 105, strike out all after line 23 over to and including line 
12 on page 106 and insert:
    Sec. 8098. None of the funds provided in this Act shall be 
available for use by a Military Department to modify an aircraft, 
weapon, ship or other item of equipment, that the Military Department 
concerned plans to retire or otherwise dispose of within five years 
after completion of the modification: Provided, That this prohibition 
shall not apply to safety modifications: Provided further, That this 
prohibition may be waived by the Secretary of a Military Department if 
the Secretary determines it is in the best national security interest 
of the country to provide such waiver and so notifies the congressional 
defense committees in writing.

 (173)Page 107, after line 18, insert:
    Sec. 8099A. None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated funds activity of the 
Department of Defense that procures malt beverages, wine and cigarettes 
with nonappropriated funds for resale (including such alcoholic 
beverages sold by the drink) on a military installation located in the 
United States unless such malt beverages, wine and cigarettes are 
procured within that State, or in the case of the District of Columbia, 
within the District of Columbia, in which the military installation is 
located: Provided, That in a case in which the military installation is 
located in more than one State, purchases may be made in any State in 
which the installation is located: Provided further, That such local 
procurement requirements for malt beverages, wine and cigarettes shall 
apply to all alcoholic beverages and cigarettes only for military 
installations in States which are not contiguous with another State: 
Provided further, That alcoholic beverages other than wine and malt 
beverages, and cigarettes, in contiguous States and the District of 
Columbia shall be procured from the most competitive source, price and 
other factors considered.

 (174)Page 108, strike out lines 7 to 23 and insert:
    Sec. 8102. (a) Of the amounts available to the Department of 
Defense for fiscal year 1994, not less than $10,000,000 shall be 
available for National Defense Science and Engineering Graduate 
Fellowships to be awarded on a competitive basis by the Secretary of 
Defense to United States citizens or nationals pursuing advanced 
degrees in fields of primary concern and interest to the Department.
    (b) Fellowships awarded pursuant to subsection (a) above shall not 
be restricted on the basis of the geographical locations in the United 
States of the institutions at which the recipients are pursuing the 
aforementioned advanced degrees.
    (c) Not less than 50 per centum of the funds necessary to carry out 
this section shall be derived from the amounts available for the 
University Research Initiatives Program in ``Research, Development, 
Test and Evaluation, Defense-Wide'', and the balance necessary shall be 
derived from amounts available for Defense Research Sciences under 
title IV of this Act.

 (175)Page 109, lines 4 and 5, strike out [and thereafter,]

 (176)Page 109, lines 9 and 10, strike out [and thereafter,]

 (177)Page 109, lines 21 and 22 strike out [and thereafter,]

 (178)Page 110, strike out all after line 13 over to and including line 
7 on page 115 and insert:
    Sec. 8109. None of the funds appropriated by this Act shall be used 
to begin closing a military treatment facility unless the Secretary of 
Defense notifies the Committees on Appropriations of the House of 
Representatives and the Senate ninety days prior to such action.
    Sec. 8110. The Secretary of Defense is authorized to provide 
optional summer school programs in addition to the programs otherwise 
authorized by the Defense Dependents Education Act of 1978 (Public Law 
95-561), and to charge a fee for participation in such optional 
education programs. Optional summer school program fees shall be made 
available for use by the Secretary to defray the costs of summer school 
operations.
    Sec. 8111. Unobligated balances of the funds appropriated in Public 
Law 102-172 and Public Law 102-396 under the headings ``World 
University Games'', ``Summer Olympics'' and ``World Cup USA 1994'' in 
title II of those Acts shall, notwithstanding any other section of 
those Acts, remain available for obligation until September 30, 1995.
    Sec. 8112. Notwithstanding any other provision of law, 
reimbursements received from the North Atlantic Treaty Organization for 
the E-3 Airborne Warning and Control System (AWACS) Radar System 
Improvement Program (RSIP) attributable to development work for fiscal 
years 1987 through 1992 shall be available to the Air Force until 
September 30, 1994, for meeting that service's financial commitments 
for the AWACS RSIP.
    Sec. 8113. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
transportation of chemical munitions to the Johnston Atoll for the 
purpose of storing or demilitarizing such munitions.
    (b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition of the United States found in 
the World War II Pacific Theater of Operations.
    (c) The President may suspend the application of subsection (a) 
during a period of war in which the United States is a party.
    Sec. 8114. None of the funds available to the Department of Defense 
may be used to support the relocation of P-3 aircraft squadrons or 
other aircraft or units from the Naval Air Station at Barbers Point, 
Hawaii unless such relocation was specifically stated in the 1993 
Report to the President of the Defense Base Closure and Realignment 
Commission.
    Sec. 8115. (a) No funds available to the Air Force during fiscal 
year 1994 may be obligated or expended for any research, development, 
test, or evaluation activities to upgrade the current capabilities of 
the B-1B bomber unless the Secretary of Defense certifies to the 
Congressional defense committees that the entire B-1B upgrade program 
is militarily-required, affordable, and fully funded in the Future 
Years Defense Program for fiscal years 1995-2000.
     (b) Of the funds appropriated for the Department of Defense for 
fiscal year 1993 under the heading ``Research, Development, Test and 
Evaluation, Air Force'' in Title IV of Public Law 102-396, the 
following amount is hereby rescinded: $31,000,000.
    Sec. 8116. The Secretary of Defense is authorized to use, for 
foreign military sales otherwise authorized under Chapter 39, title 22 
United States Code or for transfer to United States Army, Army National 
Guard, or Army Reserves, articles and services procured for the 
implementation of the Italian air defense agreements: Provided, That 
the term ``Italian air defense agreements'' has the meaning given such 
term in Section 1050 of Public Law 102-190, (105 Stat. 1469): Provided 
further, That section 1050 of Public Law 102-190 (105 Stat. 1469) is 
repealed.
    Sec. 8117. None of the funds appropriated or otherwise made 
available by this or any other Act may be made available for the 
Department of Defense to develop, acquire, by purchase or otherwise, 
any 52 caliber-variant of the M109 155mm self-propelled howitzer.
    Sec. 8118. Notwithstanding any other provision of law, funds and 
credits received from the contractor under contract warranties for the 
failure of the first ultra high frequency follow-on satellite shall no 
longer be available for a replacement ultra high frequency satellite 
but shall be made available to finance a replacement extremely high 
frequency satellite and its launch.

 (179)Page 115, strike out lines 18 to 21 and insert:
                    Under the heading, ``Research, Development, Test 
                and Evaluation, Navy, 1993/1994'', $3,459,000;

 (180)Page 116, strike out lines 2 to 24 and insert:
                    Under the heading, ``Aircraft Procurement, Navy, 
                1993/1995'', $3,400,000;
                    Under the heading, ``National Guard and Reserve 
                Equipment, 1993/1995'', $21,208,000;
                    Under the heading, ``Research, Development, Test 
                and Evaluation, Navy, 1993/1994'', $88,846,000;

 (181)Page 117, line 11, strike out [$28,890,000] and insert: 
$57,600,000

 (182)Page 117, strike out lines 12 to 24 and insert:
                    Under the heading, ``Weapons Procurement, Navy, 
                1992/1994'', $36,000,000;
                    Under the heading, ``Other Procurement, Navy, 1993/
                1995'', $66,756,000;

 (183)Page 118, strike out lines 14 to 18 and insert:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1990/1994'':
                            AOE combat support ship program, 
                        $3,505,000;
                            Oceanographic ship program, $538,000;
                            Craft, outfitting, post delivery, and ship 
                        special support equipment, $994,000;
                    Under the heading, ``Weapons Procurement, Navy, 
                1993/1995'', $49,868,000;

 (184)Page 119, strike out lines 3 and 4

 (185)Page 119, after line 5 insert:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1991/1995'':
                            For craft, outfitting, and post delivery, 
                        $45,865,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1992/1996'':
                            DDG-51 destroyer program, $41,800,000;
                            For craft, outfitting, post delivery, and 
                        DBOF transfer, $6,260,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1993/1997'':
                            DDG-51 destroyer program, $14,400,000;
                            MHC coastal mine hunter program, 
                        $9,343,000;
                            For craft, outfitting, post delivery, and 
                        first destination transportation, and inflation 
                        adjustments, $45,177,000;

 (186)Page 119, line 7, strike out [$24,015,000] and insert: 
$100,382,000

 (187)Page 119, line 9, strike out [$102,439,000] and insert: 
$6,044,000

 (188)Page 119, line 14, strike out [$70,654,000] and insert: 
$237,971,000

 (189)Page 119, line 16, strike out all after ``$31,300,000'' down to 
and including ``$24,500,000'' in line 20

 (190)Page 119, strike out all after line 20 over to and including line 
8 on page 120 and insert:
    Sec. 8121. Notwithstanding any other provision of law, funds 
appropriated in this Act for the upgrade, purchase, or modernization of 
supercomputing capability and capacity under the High Performance 
Computing Modernization program shall only be available for contracts, 
contract modifications, or contract options which are awarded without 
regard to the architecture or design of the supercomputer system.
    Sec. 8122. Amounts collected for the use of the facilities of the 
National Science Center for Communications and Electronics during the 
current fiscal year pursuant to section 1459(g) of the Department of 
Defense Authorization Act, 1986 and deposited to the special account 
established under subsection 1459(g)(2) of that Act are appropriated 
and shall be available until expended for the operation and maintenance 
of the Center as provided for in subsection 1459(g)(2).

 (191)Page 120, strike out all after line 22 over to and including line 
12 on page 121 and insert:
    Sec. 8124. During the current fiscal year, funds received from the 
sale of tanks and infantry fighting vehicles under section 21 of the 
Arms Export Control Act (22 U.S.C. 2761) shall be available for the 
upgrading of tanks, infantry fighting vehicles or armored personnel 
carriers in the manner and to the extent specified by subsections 
21(j)(1) and (2) of that Act (22 U.S.C. 2761(j)(1) and (2)).
    Sec. 8125. Amounts appropriated in this Act which are available for 
the Small Business Innovation Research Program and the Small Business 
Technology Transfer Pilot Program portions of the extramural research 
and development budget of the Department of Defense shall be the 
amounts specifically identified for those programs in the supporting 
documentation accompanying the Budget submitted for the Department of 
Defense, notwithstanding sections 9(f)(1) and (n)(1) of the Small 
Business Act (15 U.S.C. 638(f)(1) and (n)(1)).

 (192)Page 121, strike out all after line 12 over to and including line 
11 on page 123 and insert:
    Sec. 8126. None of the funds appropriated by this or any other Act 
with respect to any fiscal year for the Navy may be used to carry out 
an electromagnetic pulse program in the Chesapeake Bay area in 
connection with the Electromagnetic Pulse Radiation Environment 
Simulator for Ships (EMPRESS II) program unless or until the Secretary 
of Defense certifies to the Congress that conduct of the EMPRESS II 
program is essential to the national security of the United States and 
to achieving requisite military capability for United States naval 
vessels, and that the economic, environmental, and social costs to the 
United States of conducting the EMPRESS II program in the Chesapeake 
Bay area are far less than the economic, environmental, and social 
costs caused by conducting the EMPRESS II program elsewhere.
    Sec. 8127. Military personnel who separate from a military 
department under the Voluntary Separation Initiative (VSI) or the 
Special Separation Bonus (SSB), and who are eligible for service 
continuation bonuses such as the reenlistment bonus or aviation 
continuation pay during the same year in which they separate, will 
receive separation payments reduced by an amount equal to the amount of 
the continuation bonus received by the member in the year in which the 
member separates: Provided, That any future continuation bonus payments 
to which the member would otherwise be entitled are rescinded: Provided 
further, That civilian employees of the Department of Defense are 
prohibited from receiving voluntary separation payments if such 
employees are rehired by another agency of the Federal Government 
within one hundred and eighty days of separating from the Department of 
Defense.
    Sec. 8128. Under the heading ``Research, Development, Test and 
Evaluation, Army'' in the Department of Defense Appropriations Act, 
1993 (Public Law 102-396), delete the final proviso and insert in lieu 
thereof:
            ``: Provided further, That of the funds appropriated in 
        this paragraph, $4,000,000 shall be used only for a grant to 
        the Assistive Technology Center at the National Rehabilitation 
        Hospital for laboratory and other efforts associated with 
        research and development and other programs of major importance 
        to the Department of Defense''.
    Sec. 8129. None of the funds appropriated in this Act may be used 
to pay for the costs of personnel, operations, procurement of supplies 
or other items in support of the Marshall Center.

 (193)Page 123, after line 17 insert:
    Sec. 8131. The appropriations made under the headings ``Operation 
and Maintenance, Navy'' and ``Operation and Maintenance, Air Force'' 
under chapter III of title XI of the Dire Emergency Supplemental 
Appropriations Act, 1992, including disaster assistance to meet the 
present emergencies arising from the consequences of Hurricane Andrew, 
Typhoon Omar, Hurricane Iniki and other natural disasters, and 
additional assistance to distressed communities (Public Law 102-368) 
are each amended by inserting ``, the August 8, 1993 earthquake in 
Guam'' immediately after ``Typhoon Omar'' and by striking out 
``September 30, 1993'' and inserting ``September 30, 1994'' in lieu 
thereof.

 (194)Page 123, after line 17 insert:
    Sec. 8132. The appropriation, ``Emergency Response Fund, Defense'' 
made under the heading ``Emergency Response Fund'' by the Department of 
Defense Appropriations Act, 1990 (Public Law 101-165) is amended by 
inserting the following immediately after the third sentence: ``In 
addition to the foregoing, upon a determination by the Secretary of 
Defense that such action is necessary, the Fund may be used, in 
addition to other funds available to the Department of Defense for such 
purposes, for expenses of the Department of Defense which are incurred 
in supplying supplies or services furnished in response to natural or 
manmade disasters.''.

 (195)Page 123, after line 17 insert:
    Sec. 8133. Of the funds appropriated or otherwise made available by 
this Act not more than $155,000,000 shall be available for payment of 
the operating costs of NATO Headquarters.

 (196)Page 123, after line 17 insert:
    Sec. 8134. None of the funds appropriated by this Act shall be 
available for a contract for studies, analyses, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines:
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work, 
        or
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source, or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract is 
in the interest of the national defense.

 (197)Page 123, after line 17 insert:
    Sec. 8135. Not later than January 1, 1994, the Secretary of the 
Navy shall transfer, without reimbursement, to the Secretary of State a 
tract of land consisting of approximately 10 acres, together with 
improvements thereon, which comprise that portion of the Naval Base, 
Charleston, South Carolina, bounded by Bainbridge Avenue, Holland 
Street, and Dyess Avenue and known as buildings 646, 646A, 647, 643, 
645, and 649, excluding building 644, and all walkways and parking 
areas associated with such buildings: Provided, That the real property 
transferred pursuant to this section shall be used by the Secretary of 
State in support of diplomatic and consular operations: Provided 
further, That the exact acreage and legal description of the property 
to be transferred under this section shall be determined by a survey 
approved by the Secretary of the Navy.

 (198)Page 123, after line 17 insert:
    Sec. 8136. Notwithstanding any other provision of law, the 
Secretary of Defense shall pay a death gratuity to each Servicemen's 
Group Life Insurance (SGLI) beneficiary of each deceased member of the 
uniformed services who died after October 28, 1992 and before December 
1, 1992, and whose death was a death in the performance of duty: 
Provided, That the amount of the death gratuity payable to each 
beneficiary under this section shall be equal to the SGLI paid or 
payable to such beneficiary under Subchapter III of chapter 19 of title 
38, United States Code, by reason of the death of such member: Provided 
further, That no death gratuity shall be paid under this section where 
the deceased member of the uniformed services affirmatively elected, in 
writing, to decline to apply for increased SGLI coverage under 
paragraph (e) of section 1922A of title 38, United States Code: 
Provided further, That in the case of a deceased member of the 
uniformed services who, prior to death, affirmatively elected, in 
writing, to apply for an increase in SGLI coverage in an amount less 
than $100,000 under paragraph (e) of section 1922A of title 38, U.S.C., 
the death gratuity paid under this section shall be equal to the amount 
of the increase so elected: Provided further, That a death gratuity 
shall be payable under this section to a SGLI beneficiary upon receipt 
of a written application therefor by the Secretary of Defense not later 
than September 30, 1994: Provided further, That, in addition to amounts 
appropriated elsewhere in this Act, $5,300,000 is appropriated and 
shall be available only for the settlement of death gratuity claims 
under this section.

 (199)Page 123, after line 17 insert:

                          (transfer of funds)

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

 (200)Page 123, after line 17 insert:
    Sec. 8138. The Assistant Secretary of Defense for Health Affairs 
shall, during the current fiscal year, initiate a managed health care 
program for eligible beneficiaries in the area of Homestead Air Force 
Base: Provided, That this program shall provide benefits and services 
substantially identical to those established to serve beneficiary 
populations in areas where military medical facilities have been 
terminated, to include retail pharmacy networks available to Medicare-
eligible beneficiaries: Provided further, That the Assistant Secretary 
of Defense for Health Affairs shall present a plan to implement this 
program to the House and Senate Committees on Appropriations not later 
than January 15, 1994.

 (201)Page 123, after line 17 insert:

                             (rescissions)

    Sec. 8139. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts in the specified amounts:
            ``Aircraft Procurement, Army, 1993/1994'', $42,700,000;
            ``Wheeled and Tracked Combat Vehicles, Army, 1993/1995'', 
        $4,700,000;
            ``Procurement of Ammunition, Army, 1992/1994'', 
        $30,181,000;
            ``Procurement of Ammunition, Army, 1993/1995'', 
        $32,580,000;
            ``Weapons Procurement, Navy, 1992/1994'', $15,000,000;
            ``Weapons Procurement, Navy, 1993/1995'', $47,500,000;
            ``Other Procurement, Navy, 1993/1995'', $26,600,000;
            ``Procurement, Marine Corps, 1992/1994'', $10,285,000;
            ``Procurement, Marine Corps, 1993/1995'', $6,508,000;
            ``Missile Procurement, Air Force, 1993/1995'', $57,600,000;
            ``Other Procurement, Air Force, 1993/1995'', $63,206,000;
            ``Other Procurement, Air Force, 1992/1994'', $17,276,000;
            ``Research, Development, Test and Evaluation, Navy, 1993/
        1994'', $13,100,000.

 (202)Page 123, after line 17 insert:
    Sec. 8140. In addition to amounts appropriated elsewhere in this 
Act, $25,000,000 is appropriated for the subsidy of loan guarantees to 
carry out the program established under section 1052 of S. 1298 as it 
passed the Senate on September 14, 1993: Provided, That such section is 
enacted into law.

 (203)Page 123, after line 17 insert:
    Sec. 8141. The Under Secretary of Defense for Acquisition shall 
develop a detailed plan and schedule to implement the transition of the 
Defense Nuclear Agency and the integration of its militarily essential 
functions into the military services and Advanced Research Projects 
Agency: Provided, That none of the funds made available by this Act 
shall be available to implement changes in current DNA operations until 
30 days after the plan and schedule have been approved by the Under 
Secretary of Defense for Acquisition and submitted to the Congressional 
defense committees for review: Provided further, That the Under 
Secretary of Defense for Acquisition shall submit the aforementioned 
transition plan and schedule not later than February 1, 1994.

 (204)Page 123, after line 17 insert:
    Sec. 8142. (a) No funds appropriated under this Act may be 
obligated or expended for the purpose of establishing the Antler 
Military Operations Area, Pennsylvania, for the purpose of conducting 
aerial combat training operations until the date of the submittal to 
congressional defense committees of the report referred to in 
subsection (b).
    (b)(1)(A) The Secretary of Defense, in consultation with the 
Administrator of the Environmental Protection Agency and the 
Administrator of the Federal Aviation Administration, shall submit to 
the congressional defense committees a report on the effect of low-
level aircraft training operations of the Department of Defense on the 
proposed Antler Military Operations Area, Pennsylvania.
    (B) The Secretary shall submit the report not later than 6 months 
after the date of the enactment of this Act.
    (2) The report under this subsection shall include the following:
            (A) An assessment of the effect of the training operations 
        referred to in paragraph (1) on--
                    (i) the environment of the areas of, and in the 
                vicinity of, the proposed Antler Military Operations 
                Area, including a detailed assessment of the effects of 
                the noise generated by such operations on the 
                environment of such areas;
                    (ii) the economy of such areas; and
                    (iii) the health and safety of persons living in 
                and around such areas.
            (B) A description of the number of aircraft flights per 
        month that the Secretary anticipates will occur in the proposed 
        Antler Military Operations Area.
            (C) A description of the number and duration of such 
        flights per month that the Secretary anticipates will occur at 
        or below a level that is 500 feet above the highest ground 
        level of the proposed Antler Military Operations Area.
    (c) In this section, the term ``congressional defense committees'' 
means the Committees on Armed Services and the Committees on 
Appropriations of the Senate and House of Representatives.

 (205)Page 123, after line 17 insert:
    Sec. 8143. Notwithstanding any other provision of law, within 30 
days from the enactment of this Act, the Department of the Navy shall 
select and take possession of either LCU-1540 or LCU-1549 from the 
General Services Administration: Provided, That the Navy shall modify 
or have modified the selected vessel utilizing commercial standards 
that meet United States Coast Guard certification requirements as safe 
to operate in open ocean as a cargo vessel: Provided further, That upon 
completion of all modifications and certification by the United States 
Coast Guard, the Navy shall immediately transfer title of the vessel, 
at no cost, to the government of American Samoa: Provided further, That 
of the funds appropriated in this Act in title II, Operation and 
Maintenance, Navy, $1,500,000 shall be available for this purpose: 
Provided further, That notwithstanding any other provision of law, 
funds available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa.

 (206)Page 123, after line 17 insert:
    Sec. 8144. Notwithstanding any other provision of this or any other 
Act, the total amount obligated or expended for procurement of the SSN-
21 and SSN-22 Seawolf attack submarines may not exceed $4,673,371,000.

 (207)Page 123, after line 17 insert:
    Sec. 8145. (a)(1) The Comptroller General shall carry out a study 
of the cost-effectiveness to the Navy of the utilization of nuclear-
powered aircraft carriers and nuclear-powered submarines.
    (2) The study shall include--
            (A) a comparison of the life-cycle cost of nuclear-powered 
        aircraft carriers and nuclear-powered submarines with the life-
        cycle cost of conventionally-powered aircraft carriers and 
        conventionally-powered submarines, as the case may be;
            (B) a comparison of the cost of procuring nuclear-powered 
        aircraft carriers with the cost of carrying out the service-
        life extension or complex overhaul of existing conventionally-
        powered aircraft carriers;
            (C) a comparison of the projected cost to the Navy of 
        operating a fleet of aircraft carriers utilizing homeports 
        located at foreign overseas installations with the projected 
        cost of operating such a fleet utilizing both foreign overseas 
        homeports and homeports located in the United States;
            (D) an assessment of the effect on the projected costs 
        referred to in subparagraph (C) of--
                    (i) the plan, if any, of the Navy for the location 
                of a homeport for a nuclear-powered aircraft carrier in 
                the Western Pacific region in the event of the 
                retirement of all conventionally-powered aircraft 
                carriers in the fleet; and
                    (ii) restrictions imposed by foreign nations on 
                utilizing installations located in such nations as 
                homeports for nuclear-powered aircraft carriers, and on 
                the operation of such carriers in the waters of such 
                nations;
            (E) an assessment of the number of aircraft carriers 
        required by the Navy in order to meet operational requirements 
        for a continuous presence of aircraft carriers in three 
        overseas regions simultaneously in the event that foreign 
        nations prohibit the utilization of locations in such nations 
        as homeports for nuclear-powered aircraft carriers;
            (F) an assessment of the refueling (including any complex 
        overhaul of the fueling system and nuclear propulsion system) 
        required for the nuclear-powered aircraft carriers of the fleet 
        through 2010, including--
                    (i) a schedule for such refueling;
                    (ii) the cost of such refueling; and
                    (iii) the cost of disposing of the waste generated 
                by such refueling;
            (G) a detailed description of all programs of the 
        Department of Defense and of the Department of Energy relating 
        to nuclear propulsion systems for naval ships (including 
        surface ships and submarines) that utilize such systems; and
            (H) a detailed estimate of the costs associated with 
        processing or otherwise disposing of nuclear fuel and other 
        nuclear material (including nuclear waste) from the existing 
        nuclear-powered fleet of ships (including surface ships and 
        submarines) of the Navy.
    (3) In determining the life-cycle costs associated with nuclear-
powered aircraft carriers and nuclear-powered submarines for the 
purposes of the study under this subsection, the Comptroller General 
shall take into account the cost of processing or otherwise disposing 
of nuclear fuel and other nuclear material (including nuclear waste) 
removed from such aircraft carriers and submarines.
    (b) The Comptroller General shall submit to the Committees on Armed 
Services and the Committees on Appropriations of the Senate and House 
of Representatives a report on a study carried out under subsection (a) 
not later than 6 months after the date of the enactment of this Act.

 (208)Page 123, after line 17 insert:
    Sec. 8146. (a) It is the sense of Congress that--
            (1) the Secretary of Defense should not prohibit any 
        military installation described in subsection (b) from bidding 
        on or performing Department of Defense contracts for overhaul 
        services or for depot-level maintenance of material for the 
        Armed Forces that are awarded using competitive procedures;
            (2) performance of such a contract by such a military 
        installation should not affect the schedule for closure of the 
        installation;
            (3) such a contract should not be entered into for the 
        performance of work at such an installation if the time 
        necessary for performance of the contract extends beyond the 
        date established for closure of the installation or if the 
        performance of the contract at the installation would otherwise 
        affect the schedule for closure of the installation; and
            (4) such a contract awarded to a military installation 
        should be terminated for default if the contract is not 
        completed on or before the completion date provided in the 
        contract.
    (b) A military installation referred to in subsection (a) is a 
military installation that (1) has been approved for closure subject to 
the provisions of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510), (2) is in the process of 
implementing a conversion or reuse strategy for the installation to 
take effect upon closure, and (3) has received some funds from the 
Department of Defense for the purpose of implementing the conversion or 
reuse strategy.

 (209)Page 123, after line 17 insert:
    Sec. 8147. It is the sense of the Congress that operators of 
industrial facilities at military installations closed after the date 
of the enactment of this Act should be permitted to qualify as offerors 
for (1) proposed Department of Defense contracts for overhaul services 
for the Armed Forces, and (2) proposed Department of Defense contracts 
for depot-level maintenance of material for the Armed Forces.

 (210)Page 123, after line 17 insert:
    Sec. 8148. (a) Notwithstanding any other provision of law, none of 
the funds appropriated by this Act or any other Act, or otherwise made 
available, to the Department of Defense may be obligated to carry out a 
test program for determining the cost effectiveness of transferring to 
the private sector the mission of operating one or more preparatory 
schools for the United States Military Academy, the United States Naval 
Academy, and the United States Air Force Academy.

 (211)Page 123, after line 17 insert:
    Sec. 8149. It is the sense of the Senate that the Government of the 
United States and the Government of Saudi Arabia should work diligently 
and without delay to resolve satisfactorily the outstanding commercial 
disputes identified in the Department of Commerce letter; date May 27, 
1992: Provided, That not later than February 1, 1994, the Secretary of 
Defense, after consultation with the Secretary of State and the 
Secretary of Commerce, shall submit a report to the Congress on the 
status of the process for the resolution of commercial disputes in 
Saudi Arabia and the prognosis for any of the disputes which remain 
unresolved.

 (212)Page 123, after line 17 insert:
    Sec. 8150. It is the sense of the Senate that--
            (a) the Secretary of the Air Force consider the comments of 
        the appropriate representatives of the Duck Valley Reservation 
        of the Shoshone-Paiute Tribes in making decisions on use of 
        airspace above such reservation,
            (b) the interests of the Duck Valley Reservation of the 
        Shoshone-Paiute Tribes receive the appropriate consideration 
        under any pending or future National Environmental Policy Act 
        process involving airspace over Duck Valley Reservation, and
            (c) to the extent practicable, airspace used for military 
        training flights below 15,000 feet above ground level over the 
        Duck Valley Reservation shall be over uninhabited areas of the 
        Reservation.

 (213)Page 123, after line 17 insert:
    Sec. 8151. Notwithstanding any other provision of law (including 
any regulation), with respect to the public sponsor of a primary levee 
located in the area that was affected by major, widespread flooding in 
the Midwest during 1993 and that was designed for a 5-year flood or a 
higher level flood, the eligibility of the public sponsor of the levee 
to receive assistance through the levee rehabilitation assistance 
program of the Army Corps of Engineers shall not be affected by the 
status of participation (or lack of participation) of the public 
sponsor in the program. A public sponsor of a levee who becomes 
eligible to receive assistance under the program pursuant to the 
preceding sentence may, not later than September 30, 1994, submit an 
application to participate in the program.

 (214)Page 123, after line 17 insert:
    Sec. 8152. (a) It is the sense of the Congress that, for purposes 
of section 112 of the Internal Revenue Code of 1986, the President 
should declare that service in Somalia during the period described in 
subsection (b) should be treated as service in a combat zone.
    (b) The period referred to in subsection (a) is the period 
beginning on December 10, 1992, and ending on the date on which 
withdrawal from Somalia of all forces of the Armed Forces of the United 
States in Somalia has been completed, as declared in a proclamation 
issued by the President.

 (215)Page 123, after line 17 insert:
    Sec. 8153. Congressional Hearings on the Commitment of United 
States Troops in Somalia and Haiti.--(a) Findings.--
            (1) Public hearings are essential in ensuring broadbased 
        understanding of and support for United States policies;
            (2) Since United States troops were committed in Somalia, 
        the original humanitarian mission has been significantly 
        expanded to include nation-building, as evidenced in United 
        Nations Security Council Resolution 814;
            (3) Since the commitment of United States troops in 
        Somalia, the Senate of the United States has received only 
        update briefings or has held closed hearings on United States 
        actions there and has held only one public hearing;
            (4) To date, thirty United States troops have lost their 
        lives since United States troops were committed in Somalia;
            (5) Since the most recent disaster where eighteen Americans 
        lost their lives, seventy-six were wounded and one was 
        captured, the President has announced his intention to commit 
        several thousand additional United States troops;
            (6) Six American warships sit off the coast of Haiti and 
        six hundred Americans wait to be deployed as part of a United 
        Nations peacekeeping force.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) the appropriate committees of the Senate should hold 
        public hearings at the earliest practicable date with the 
        Secretaries of State and Defense as witnesses on the commitment 
        of United States troops in Somalia and Haiti as members of the 
        United Nations peacekeeping force; and
            (2) the appropriate committees should promptly hold 
        investigative, public hearings on the October 3, 1993 incident 
        in Mogadishu, Somalia in which seventeen American soldiers were 
        killed and at least seventy-six were wounded as part of the 
        United Nations peacekeeping operation.

 (216)Page 123, after line 17 insert:
    Sec. 8154. Notwithstanding any other provision of law, the 
Secretary of the Navy shall obligate the funds appropriated for fiscal 
years 1992 and 1993 for the USH-42 Mission Recorder program within the 
A-6 aircraft program: Provided, That the Secretary of the Navy verifies 
that a mission recorder is required in the future for Navy attack 
aircraft for peacetime training and bomb damage assessment in combat: 
Provided further, That the Secretary shall make this verification 
within sixty days of this Act becoming law: Provided further, That the 
Secretary shall obligate such funds within sixty days of this 
verification that a mission recorder is required in Navy attack 
aircraft for peacetime training and bomb damage assessment in combat.

 (217)Page 123, after line 17 insert:
    Sec. 8155. The Secretary of Defense shall submit to Congress an 
annual report containing information on the cost to the United States 
of transporting supplies for the Army, Navy, Air Force, or Marine Corps 
by sea on United States-flag commercial vessels pursuant to the cargo 
preference laws of the United States, including the amount of the cost 
savings that could have been realized if such supplies had been 
transported at competitive international shipping rates available from 
non-cargo preference vessels, the subsidization of foreign-flag 
vessels, and the impact on the viability of the United States merchant 
marine if the cargo preference requirements were ended. The annual 
report shall cover a cargo preference year which shall be a 12-month 
period defined by the Secretary.

 (218)Page 123, after line 17 insert:
    Sec. 8156. None of the funds appropriated for the Department of 
Defense for fiscal year 1994 by this Act may be used for making any 
progress payment under the C-17 aircraft program that is not consistent 
with the requirements of section 2307(d)(1) of title 10, United States 
Code.

 (219)Page 123, after line 17 insert:
    Sec. 8157. No provision of this Act or any other Act concerning 
Department of Defense programs, projects, or activities involving 
community adjustment assistance, research or development at colleges or 
universities, strategic environmental research, or environmental 
restoration may be construed as requiring a contract to be awarded, or 
as requiring a grant to be made, to a specific non-Federal Government 
entity for a new program, project, or activity.

 (220)Page 123, after line 17 insert:
    Sec. 8158. (a) Is is the sense of Congress that none of the funds 
appropriated or otherwise made available by this Act should be 
available for the purposes of deploying United States Armed Forces to 
participate in the implementation of a peace settlement in Bosnia-
Herzegovina, unless previously authorized by the Congress.
    (b) It is the sense of Congress that the limitation set forth in 
subsection (a) should not preclude missions and operations initiated on 
or before October 20, 1993, including the provision of any humanitarian 
assistance by the Department of Defense.

 (221)Page 123, after line 17 insert:
    Sec. 8159. Sense of Congress on the Use of Funds for United States 
Military Operations in Haiti.--(a) Statement of Policy.--It is the 
sense of the Congress that--
            (1) all parties should honor their obligations under the 
        Governors Island Accord of July 3, 1993 and the New York Pact 
        of July 16, 1993;
            (2) the United States has a national interest in preventing 
        uncontrolled emigration from Haiti; and
            (3) the United States should remain engaged in Haiti to 
        support national reconciliation and further its interest in 
        preventing uncontrolled emigration.
    (b) Limitation.--It is the sense of Congress that funds 
appropriated by this Act should not be obligated or expended for United 
States military operations in Haiti unless--
            (1) authorized in advance by the Congress; or
            (2) the temporary deployment of United States Armed Forces 
        into Haiti is necessary in order to protect or evacuate United 
        States citizens from a situation of imminent danger and the 
        President reports as soon as practicable to Congress after the 
        initiation of the temporary deployment, but in no case later 
        than forty eight hours after the initiation of the temporary 
        deployment; or
            (3) the deployment of United States Armed Forces into Haiti 
        is vital to the national security interests of the United 
        States, including but not limited to the protection of American 
        citizens in Haiti, there is not sufficient time to seek and 
        receive Congressional authorization, and the President reports 
        as soon as practicable to Congress after the initiation of the 
        deployment, but in no case later than forty eight hours after 
        the initiation of the deployment; or
            (4) the President transmits to the Congress a written 
        report pursuant to subsection (c).
    (c) Report.--It is the sense of Congress that the limitation in 
subsection (b) should not apply if the President reports in advance to 
Congress that the intended deployment of United States Armed Forces 
into Haiti--
            (1) is justified by United States national security 
        interests;
            (2) will be undertaken only after necessary steps have been 
        taken to ensure the safety and security of United States Armed 
        Forces, including steps to ensure that United States Armed 
        Forces will not become targets due to the nature of their rules 
        of engagement;
            (3) will be undertaken only after an assessment that--
                    (A) the proposed mission and objectives are most 
                appropriate for the United States Armed Forces rather 
                than civilian personnel or armed forces from other 
                nations, and
                    (B) that the United States Armed Forces proposed 
                for deployment are necessary and sufficient to 
                accomplish the objectives of the proposed mission;
            (4) will be undertaken only after clear objectives for the 
        deployment are established;
            (5) will be undertaken only after an exit strategy for 
        ending the deployment has been identified; and
            (6) will be undertaken only after the financial costs of 
        the deployment are estimated.
    (d) Definition.--As used in this section, the term ``United States 
military operations in Haiti'' means the continued deployment, 
introduction or reintroduction of United States Armed Forces into the 
land territory of Haiti, irrespective of whether those Armed Forces are 
under United States or United Nations command, but does not include 
activities for the collection of foreign intelligence, activities 
directly related to the operations of United States diplomatic or other 
United States Government facilities, or operations to counter 
emigration from Haiti.

 (222)Page 123, after line 17 insert:
    Sec. 8160. Of the funds appropriated for title III of this Act, 
$50,000,000 shall be made available for obligation until September 30, 
1996 for the Department of Defense Pilot Mentor-Protege Program, 
pursuant to section 831 of the National Defense Authorization Act for 
fiscal year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as amended: 
Provided, That funds made available may be used by a military service 
or a Defense agency to reimburse costs incurred by a contractor (or 
subcontractor) under an approved contract line item for the provision 
of mentoring assistance pursuant to an approved Mentor-Protege Program 
developmental assistance agreement.

 (223)Page 123, after line 17 insert:
    Sec. 8161. It is the sense of the Congress that the United States 
Department of Justice should investigate whether any Federal criminal 
civil rights laws were violated as a result of (1) the murder of Yankel 
Rosenbaum on August 19, 1991, and (2) the circumstances surrounding the 
murder and accompanying riots in Crown Heights.

 (224)Page 123, after line 17 insert:

                                TITLE IX

    Sec. 9001. Congress makes the following findings:
            (1) The Armed Forces of the United States have conducted 
        combat operations under the operational control of foreign 
        commanders on numerous occasions, including during two World 
        Wars.
            (2) Regional security organizations, such as the North 
        Atlantic Treaty Organization, are premised on military 
        operations by the forces of a number of nations under an 
        integrated chain of command consisting of officers from member 
        nations.
            (3) The end of the Cold War has seen a substantial increase 
        in the conduct of international ``peacekeeping'' and ``peace 
        enforcement'' operations pursuant to decisions of the United 
        Nations Security Council under Chapters VI and VII of the 
        United Nations Charter.
            (4) The United Nations has conducted traditional 
        ``peacekeeping'' operations successfully over the years, but 
        the number and size of such operations has stretched the 
        Organization's management and oversight capabilities thin.
            (5) The United Nations has not yet acquired the expertise 
        or infrastructure to enable it to effectively manage ``peace 
        enforcement'' operations.
            (6) Any special agreement negotiated by the President with 
        the United Nations Security Council to make units of the United 
        States Armed Forces available on call to the United Nations 
        must be approved by the Congress pursuant to the United Nations 
        Participation Act, enacted into law in 1945.
            (7) Any decision by the President to place combat forces of 
        the Armed Forces of the United States under the operational 
        control of foreign commanders, other than pursuant to the North 
        Atlantic Treaty and other arrangements in effect at the time of 
        the enactment of this Act, has significant consequences for 
        such forces, the Congress, and the American people.
    Sec. 9002. It is the sense of the Congress that--
            (1) the Armed Forces of the United States must be under the 
        operational control of qualified commanders; and must have 
        clear and effective command and control arrangements; 
        appropriate rules of engagement; and clear and unambiguous 
        mission statements;
            (2) the President should consult with Congress before 
        placing combat forces of the Armed Forces of the United States 
        under the operational control of foreign commanders, other than 
        pursuant to the North Atlantic Treaty and other arrangements in 
        effect at the time of the enactment of this Act; and
            (3) the President should submit a report to Congress within 
        48 hours after placing combat forces of the Armed Forces of the 
        United States under the operational control of foreign 
        commanders, other than pursuant to the North Atlantic Treaty 
        and other arrangements in effect at the time of the enactment 
        of this Act, setting forth--
                    (A) the mission of such forces and a clear 
                explanation of the difference, if any, between the 
                mission of such forces and the mission of the forces of 
                other nations participating in the same military 
                operations;
                    (B) in a case in which the operation is conducted 
                under the auspices of the United Nations, an assessment 
                of the United Nations capability to effectively manage 
                the operation;
                    (C) an explanation of the United States interest 
                that would be served by and the justification for 
                placing such forces under the operational control of a 
                foreign commander in this instance;
                    (D) the command and control arrangements for the 
                operation of which the forces of the Armed Forces of 
                the United States are a part;
                    (E) the number, type and general description of 
                equipment of such forces;
                    (F) the estimated cost to the United States of the 
                participation of such forces;
                    (G) the anticipated duration of the participation 
                of such forces;
                    (H) a general description of the rules of 
                engagement for such forces; and
                    (I) the foreign commander or commanders involved.

 (225)Page 123, after line 17 insert:

                                TITLE X

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

    (a) Purpose.--It is timely and in the interest of the United States 
to recognize and fulfill the commitments made on behalf of the United 
States to the people of Hawaii and to return to the State of Hawaii the 
Island of Kaho'olawe. Kaho'olawe Island is among Hawaii's historic 
lands and has a long, documented history of cultural and natural 
significance to the people of Hawaii reflected, in part, in the 
Island's inclusion on the National Register of Historic Places and in 
the longstanding interest in the return of the Island to State 
sovereignty, public access and use. Congress finds that control, 
disposition, use and management of Kaho'olawe is affected with a 
Federal interest. It also is in the national interest and an obligation 
undertaken by Congress and the United States under this and other Acts, 
and in furtherance of the purposes of Executive Order 10436 (1953), to 
recognize the cultural and humanitarian value of assuring meaningful, 
safe use of the Island for appropriate cultural, historical, 
archaeological and educational purposes as determined by the State of 
Hawaii and to provide for the clearance or removal of unexploded 
ordnance and for the environmental restoration of the Island for such 
purposes. Congress also finds it is in the national interest and an 
essential element in the Federal Government's relationship with the 
State of Hawaii to ensure that the conveyance, clearance or removal of 
unexploded ordnance, environmental restoration, control of access to 
the Island and future use of the Island be undertaken in a manner 
consistent with the enhancement of that relationship, the Department of 
Defense's military mission and the Federal interest.
    (b) Model Demonstration Project.--It is in the national interest 
that the clearance or removal of unexploded ordnance and the 
environmental restoration of Kaho'olawe serve as a model demonstration 
project that incorporates the use of innovative technologies and a 
remedy selection process that will expedite and economize such 
clearance or removal and environmental restoration while maintaining 
meaningful participation by affected parties and assuring the 
protection of human health and the environment.
    (c) Conveyance.--Subject to section 10001(d) and section 10008(b) 
of this Act, the United States, through the Secretary of the Navy 
(also, hereinafter, ``the Secretary''), shall convey and return, 
without consideration and without conditions other than those set forth 
in this title, to the State of Hawaii all right, title and interest of 
the United States, except that interest set forth in section 
10002(a)(4) and section 10004 of this Act, in and to that parcel of 
property consisting of approximately 28,776 acres of land known as 
Kaho'olawe Island, Hawaii and its surrounding waters. Such conveyance 
of title shall occur no later than 180 days from the date of enactment 
of this Act and the appropriation of funds for such purposes described 
in this title.
    (d) Description of Property.--The exact acreage and legal 
description of the parcel of property to be conveyed under section 
10001(c) shall be determined by a survey that is deemed satisfactory by 
the State of Hawaii in consultation with the Secretary. The cost of the 
survey shall be borne by the Secretary, making use of funds provided 
pursuant to this title.

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

    (a) Ordnance Clearance or Removal.--(1) Subject to section 10008(b) 
of this Act, the Secretary of the Navy shall, in compliance with the 
two-tiered standard of ordnance clearance, removal, restoration and 
safety contained in subsection (a)(2) of this section--
            (A) detect and clear or remove from Kaho'olawe Island and 
        its adjacent waters, all unexploded ordnance, the remains of 
        exploded ordnance, and solid waste associated with such 
        ordnance or with the use of Kaho'olawe Island by the United 
        States for bombing training, gunnery training, or other 
        munitions training.
    (2) Kaho'olawe Island shall be restored for use in accordance with 
the following requirements:
            (A) Tier One Restoration Area.--The entire Island shall, in 
        a manner consistent with the purposes of this title and with 
        the protection of surface and below surface historical and 
        cultural sites and artifacts, be restored to a condition that 
        is reasonably safe for human access and visitation and in 
        accordance with standard methodologies for such restoration as 
        determined by the Secretary in accordance with the purposes of 
        this title. Subsequent to the transfer to the State of Hawaii 
        of responsibility for the control of access, as provided in 
        section 10006 of this Act, the Navy shall continue to 
        undertake, upon the reasonable request of the State, and at 
        regular intervals, reasonable and prudent clean-up measures 
        using standard methodologies. Within such Tier One Restoration 
        Area, and in accordance with sections 10005 and 10006 of this 
        Act, approximately 22,600 acres of the approximately 28,776 
        acres on the Island and submerged land in the surrounding 
        waters to a depth of 120 feet shall be subjected to surface 
        clearance only.
            (B) Tier Two Restoration Enclaves.--Enclaves within the 
        Island, as identified in clauses (i), (ii), (iii) and (iv) 
        below and not exceeding approximately 6,200 acres, shall be 
        restored to a condition that is reasonably safe for the human 
        habitation necessary to accomplish the cultural, historical, 
        archaeological and educational purposes of this title, to 
        assure the uses set forth in clauses (i), (ii), (iii) and (iv) 
        below and in accordance with the best available technology and 
        methodology for such restoration:
                    (i)(a) not more than approximately 4,700 acres for 
                the purpose of grasslands and related uses; and (b) 
                those locations, including trails, roads and 
                historical, cultural and archaeological enclaves 
                identified by the State under section 10002(C), that 
                shall not exceed an additional 1,400 acres;
                    (ii) no more than three specially designated 
                navigational channels to the Island suitable for 
                visitation, including the adjacent shoreline area;
                    (iii)(a) not more than approximately 10 acres for 
                reasonably safe, human habitation sites, as defined in 
                subparagraph (B) of this section, that shall include 
                but not be limited to the sites designated as 
                Hanakanaia to Lae Paki, Kuheia/Kaulana, Ahupu, 
                Hakioawa, Pu'u Moaulanui, Seagull Station, Kamohio 
                Station, Halona Station, Honokoa, and Kanapou; and (b) 
                approximately 47 acres of reservoirs designated as Lua 
                Kealialalo, Lua Kealialuna and Lua Makika; and
                    (iv) approximately 5 acres on not more than three 
                locations to be used as heliports.
            (C) Description of Tier Two Restoration Enclaves.--The 
        precise description for the Tier Two Restoration Enclaves, 
        prepared through standard methodologies, shall be submitted to 
        the Navy by the State of Hawaii within 180 days of the 
        enactment of this Act. Any reasonable enlargement to the size 
        or modification to the location of the Tier Two Restoration 
        Enclaves shall be agreed to by the Secretary of the Navy. Such 
        reasonable enlargement or modification shall be determined and 
        undertaken within the time period identified in section 
        10002(a)(3). The cost of such enlargement or modification shall 
        be borne by the Secretary, making use only of funds provided 
        pursuant to this title.
    (3) The Secretary shall commence the activities described in 
sections 10002(a) (1) and (2) as soon as possible but not later than 
180 days after the enactment of this Act and continue such activities 
in accordance with reasonable expedition until completed. Such 
activities required in section 10002 shall be completed within 10 years 
of the enactment of this Act and the appropriation of funds for such 
activities.
    (4) Notwithstanding any other provision of section 10002, the 
Secretary shall retain the control of access to the Island, in 
consultation with the State of Hawaii and prior to and following the 
entering into force of the Memorandum of Understanding contained in 
section 10006 of this Act, until clearance and restoration is completed 
and control of access is transferred to the State of Hawaii.
    (5) The Secretary shall carry out the requirements of section 10002 
following consultation with the State of Hawaii as required by section 
10006 of this Act and with the technical and logistical support, as 
needed, of the United States Army Corps of Engineers and other Federal 
agencies.
    (6) No Federal permit shall be required by the United States, its 
departments, agencies or instrumentalities for any portion of the 
removal, restoration and clean-up work pursuant to the Act and 
conducted entirely on Kaho'olawe Island or in its adjacent waters.
    (7) Except as provided in section 10004 regarding liability and in 
section 10003 regarding the completion of activities and in section 
10002(a)(2)(A) regarding regular interval clean-ups and new discoveries 
of previously undetected ordnance, the Secretary's obligations and 
responsibilities under this title shall terminate 10 years after the 
enactment of this Act.

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

    (a) Assessment of Additional Environmental Clean-up for Hazardous 
and Other Substances.--(1)(A) Not later than 365 days after the date of 
the enactment of this Act, the Secretary of the Navy shall complete, in 
cooperation with the State of Hawaii, such studies and appraisals as 
are necessary to identify the type, quantity, and estimated costs of 
response, remediation and removal of the hazardous substances other 
than exploded and unexploded ordnance and other substances, refuse and 
waste, if any, that are located--
            (i) on Kaho'olawe Island; and
            (ii) in the waters adjacent to Kaho'olawe Island.
    (B) The cost of the studies and appraisals referred to in section 
10003(a)(1)(A) shall be borne by the Secretary, making use of funds 
provided pursuant to this title.
    (b) Remediation of Hazardous and Environmental Substances.--(1)(A) 
In furtherance of the purposes of this title and in recognition of the 
clearance, removal and environmental remediation obligations imposed by 
this title, and that the aforementioned activities are considered a 
model demonstration project, Kaho'olawe Island is exempt from placement 
on the National Priorities List. Notwithstanding that conveyance of 
title to Kaho'olawe Island to the State of Hawaii shall precede 
clearance or removal and environmental remediation, upon the completion 
of the studies and appraisals referred to in section 10003(a)(1)(A), 
the Navy shall carry out remediation, clean-up and responses to the 
hazardous substances and other substances, refuse and waste located on 
Kaho'olawe Island and in the waters adjacent to Kaho'olawe Island (as 
identified in such studies and appraisals) that are necessary to 
protect human health and the environment. The remedies for such clean-
up, remediation and responses shall be selected by the Secretary in 
consultation with the State and in accordance with the purposes of this 
title and shall be commenced and completed within the time period 
identified in section 10002(a)(3) of this Act for the removal of 
ordnance. The cost of such clean-up, remediation and responses shall be 
borne by the Secretary, making use of funds provided pursuant to this 
title.
    (2) In this title, the terms ``response'', ``removal'', 
``remediation'' and ``hazardous substance'' have the meanings given 
such terms in 42 U.S.C. 9601 (14), (23), (24) and (25).
    (c) Responsibility and Liability To Conduct Response, Clean-Up and 
Remediation Activities.--(1) Notwithstanding the duties and obligations 
set forth in this title and notwithstanding the conveyance required 
under section 10001, the State of Hawaii shall not be liable and 
responsible for the conduct of any clean-up and response actions 
arising from and relating to the use and environmental remediation of 
Kaho'olawe Island and its adjacent waters by the United States that, 
through Federal court order, may be held applicable to Kaho'olawe 
Island.

SEC. 10004. INDEMNIFICATION AND THE CONTROL OF ACCESS.

    (a) The Navy shall retain control of the access to the Island 
during the time period set forth in section 10002(a)(3) that it is 
undertaking unexploded ordnance removal and hazardous materials removal 
activities required in section 10002 of this Act.
    (b) During the time period the United States retains control of 
access to the Island, the United States shall hold harmless, defend and 
indemnify the State of Hawaii or its political subdivisions from and 
against all claims, demands, losses, damages, liens, liabilities, 
injuries, deaths, penalties, fines, lawsuits and other proceedings, 
judgments, awards and reasonable costs and expenses arising out of, or 
in any manner predicated upon, the presence, release or threatened 
release of any munitions, exploded or unexploded ordnance, solid waste 
associated with such ordnance or hazardous substance, pollutant or 
contaminant resulting from the activities of the Department of Defense, 
including the activities of the Department of the Navy and the 
Department of the Army and any agent, employee, lessee, licensee, 
independent contractor or other person on the property during such time 
that the property was and remains under the control of the Department 
of Defense, Navy, Army or other agencies of the United States 
Government.
    (c) Nothing in this title is intended to alter or affect the 
Federal or State requirements of law governing liability following the 
transfer of control of access to the State of Hawaii, except that the 
United States shall remain liable for the acts or omissions of its 
contractors in carrying out the activities required under this title in 
the same manner as if the United States engaged in the performance of 
the tasks delegated to its contractors.

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

    (a)(1) Subject to section 10008(b) of this Act, the Secretary is 
authorized to provide $45,000,000 to the State of Hawaii for the 
purpose of implementation by the State of (i) long term planning (ii) 
environmental restoration activities and (iii) the terms and conditions 
set forth in the Memorandum of Understanding required by section 10006 
of this Act, concerning Kaho'olawe Island and its adjacent waters. Such 
funds as are provided by the Secretary for the purpose of carrying out 
this section shall be made available to the State by the Secretary from 
funds made available pursuant to this title and shall be provided to 
the State of Hawaii following the submission of a plan containing the 
elements identified in subsection (a)(2) of this section.
    (2) The State of Hawaii shall use the funds made available pursuant 
to this section for the purposes of carrying out long term planning and 
environmental restoration activities, consistent with the purposes of 
this title, on Kaho'olawe Island, including--
            (A) soil conservation and water resource development;
            (B) erosion abatement (including reforestation and 
        revegetation);
            (C) stabilization, restoration and securing sites of 
        archaeological or historical significance;
            (D) removal or destruction of non-native plants and 
        animals; and
            (E) precise identification of those areas subject to clean-
        up and removal of ordnance described in section 10002 of this 
        Act.
    (3) Funds in addition to those provided pursuant to subsection 
(a)(1) of this section may be provided to the State of Hawaii upon the 
submission of an acceptable plan containing the elements identified in 
subsection (a)(2) of this section and demonstrating, to the 
satisfaction of the Secretary, that such funds are necessary to the 
proper fulfillment of such elements and the purposes of this title. The 
Secretary shall have sole discretion to award such additional funds, 
however, the award of such funds shall not be unreasonably withheld.

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

    (a)(1) Upon the request of the Secretary or the State of Hawaii, 
and in accordance with existing laws and requirements, any department 
or agency of the Federal Government may provide assistance to the 
Secretary or the State of Hawaii, as the case may be, in carrying out 
their respective duties under this title.
    (2) Within 180 days following passage of this Act the Secretary 
shall consult with and enter into a Memorandum of Understanding with 
the State of Hawaii governing the terms and conditions of (i) access to 
the Island for those purposes set forth in section 10005 of this Act 
and any other cultural, archeological, educational and planning 
purposes provided for in this title, giving due regard to the risk of 
harm to health and safety involved in providing such access and the 
need to avoid interference with or disruption of the Navy's clearance, 
removal and remediation activities; (ii) the timing, planning and 
methodology of ordnance clearance or removal and hazardous substance 
clearance and other waste removal and the protection of historical, 
cultural and religious sites and artifacts: Provided, That all 
reasonable effort should be made to avoid harm to such sites and 
artifacts from the detonation of unexploded ordnance, clearance or 
removal and hazardous substance clearance; (iii) a model clean-up 
program emphasizing the use of innovative technology, integrative 
planning and expeditious implementation of remediation; (iv) the means 
for protecting historical, cultural and religious sites and artifacts 
from intentional destruction, harm and vandalism; and (v) public 
participation, as appropriate, including the opportunity for public 
comment and hearing. Under any such terms and conditions, the Secretary 
shall be assured full and necessary access to carry out the obligations 
of the Secretary arising out of the responsibilities and liabilities of 
this title. Such terms and conditions shall remain in existence until 
the completion of the restoration and remediation activities required 
by section 10002 of this Act and be revised periodically by mutual 
consent and giving due regard to the importance of access to the Island 
as the level of clean-up, restoration and remediation moves toward 
attainment. Nothing in this title is intended to diminish or alter the 
rights and responsibilities of the Navy to allow access to the Island 
that existed prior to the enactment of this Act.
    (3) The United States, through the Secretary of the Navy, shall 
transfer the control of access to the State of Hawaii within no more 
than 10 years from the date of enactment of this Act or when the 
activities required by this title, including ordnance clearance or 
removal activities in section 10002 and the environmental remediation 
activities in section 10003 are completed, whichever comes first.

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

    (a) There is established on the books of the Treasury of the United 
States a fund to be known as the ``Kaho'olawe Island Conveyance, 
Remediation, and Environmental Restoration Fund'' (hereinafter in this 
subsection referred to as the ``Fund''). The Fund shall be administered 
by the Secretary of the Treasury. The Fund shall be used for the 
accumulation of funds in order to pay the obligations incurred by the 
Secretary of the Navy or the Department of Defense in carrying out the 
purposes of this title and for properly allocable costs of the Federal 
Government in the administration of the Fund.
    (b) There shall be deposited into the Fund the following, which 
shall constitute the assets of the Fund:
            (1) Amounts paid into the Fund from any source.
            (2) Any amount appropriated to the Fund.
            (3) Any return on investment of the assets of the Fund.
    (c) To the extent provided in appropriation Acts, the assets of the 
Fund shall be available for obligation by the Secretary of the Navy to 
carry out the purposes of this title.
    (d) There is authorized to be appropriated into the Fund 
$400,000,000, which may be appropriated as a lump sum or in annual 
increments. Of the amounts deposited into the Fund, not less than 
eleven percent shall be made available to the State of Hawaii to carry 
out the provisions of section 10005(a)(1) of this Act.
    (e) Amounts appropriated to the Fund shall remain available until 
obligated or until the Fund is terminated.
    (f) Upon payment of all incremental costs associated with the 
purposes for which the Fund is established, the Fund shall be 
terminated.

SEC. 10008. APPLICABLE LAW AND JUDICIAL REVIEW.

    (a) Federal Courts shall have jurisdiction only to enforce the 
terms, conditions and provisions of this title, regarding the 
activities, duties, and responsibilities in this title occurring on the 
Island of Kaho'olawe and in its adjacent waters. Only such terms, 
conditions and provisions shall govern judicial review of the conduct 
of the United States, its departments, agencies and instrumentalities 
with regard to any actions arising from or related to the conveyance of 
Kaho'olawe Island to the State of Hawaii and the clearance or removal 
and remediation of unexploded and exploded ordnance and the remediation 
of hazardous substances and other wastes on the Island and its adjacent 
waters and for the other obligations, duties and purposes set forth in 
this title.
    (b) The provisions of this title shall be carried out 
notwithstanding any other provision of law.
    (c) Any person, as defined in 42 U.S.C. 9601(21), may bring an 
action against the United States, its departments, agencies and 
instrumentalities to require compliance with the terms of this title 
and the obligations of the United States, its departments, agencies and 
instrumentalities under the Memorandum of Understanding required by 
section 10006 of this Act. Such action shall be commenced no earlier 
than the 60th day following the date on which the plaintiff gives 
notice in writing to the Attorney General, the Secretary and other 
department, agency or instrumentality that the plaintiff will commence 
such action. Such action shall be brought in the district court for the 
district in which the alleged violation occurred. In any action under 
this section, the United States or the State, or both, if not a party 
may intervene as a matter of right. The United States, its departments, 
agencies and instrumentalities shall be subject to only such injunctive 
relief as may be imposed by the court to enforce compliance with the 
terms of this title and the Memorandum of Understanding. Such 
compliance shall be enforced giving due regard to the need for 
expeditious clean-up under the terms and conditions of this title.

SEC. 10009. ANNUAL REPORT TO CONGRESS.

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

            Attest:

                                                             Secretary.

HR 3116 EAS----2
HR 3116 EAS----3
HR 3116 EAS----4
HR 3116 EAS----5
HR 3116 EAS----6
HR 3116 EAS----7
HR 3116 EAS----8
HR 3116 EAS----9
HR 3116 EAS----10
HR 3116 EAS----11
```