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 Ω1æPage 2, line 15, strike out ø$21,571,207,000¿ and

2 insert: $21,212,285,000

3 Ω2æPage 3, line 3, strike out ø$18,633,383,000¿ and in4 sert: $18,156,982,000

5 Ω3æPage 3, line 15, strike out ø$5,763,117,000¿ and in6 sert: $5,755,272,000

7 Ω4æPage 4, line 3, strike out ø$15,916,937,000¿ and in8 sert: $15,662,809,000

9 Ω5æPage 4, line 17, strike out ø$2,143,272,000¿ and in10 sert: $2,138,416,000

11 Ω6æPage 5, line 6, strike out ø$1,565,838,000¿ and in12 sert: $1,550,989,000
2

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1 Ω7æPage 5, line 20, strike out ø$350,490,000¿ and in2 sert: $311,661,000

3 Ω8æPage 6, line 9, strike out ø$783,158,000¿ and insert:

4 $778,919,000

5 Ω9æPage 6, line 23, strike out ø$3,334,183,000¿ and in6 sert: $3,332,556,000

7 Ω10æPage 7, line 14, strike out ø$1,215,935,000¿ and

8 insert: $1,230,471,000

9 Ω11æPage 8, line 1, strike out ø$15,221,091,000¿ and

10 insert: $15,706,229,000

11 Ω12æPage 8, line 1, strike out all after ‘‘addition,’’ down

12 to and including ‘‘and’’ in line 3

13 Ω13æPage 8, line 7, after ‘‘Project’’ insert: : Provided

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

15 not less than $6,500,000 shall be made available only for

16 the Army Environmental Policy Institute, of which

17 $2,000,000 shall be made available only for a study on the

18 effects of depleted uranium on the environment: Provided

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

20 $500,000 shall be available only for a study of the effects

21 of uranium milling, including exposure to radon chemicals

22 and uranium, on the health of those individuals employed

23 in uranium mills in the southwestern United States during
3

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1 the period beginning on January 1, 1947 and ending on

2 December 31, 1971: Provided further, That the Senate finds

3 that—

4 (1) the United States entered into Operation Re5 store Hope in December of 1992 for the purpose of re6 lieving mass starvation in Somalia;

7 (2) the original humanitarian relief mission in

8 Somalia had the unanimous support of the Senate,

9 expressed in Senate Joint Resolution 45, passed on

10 February 4, 1993;

11 (3) the original humanitarian mission was being

12 successfully accomplished by United States forces,

13 working with forces of other nations, and an ex14 panded mission was assumed by the United Nations

15 on May 4, 1993 pursuant to United Nations Resolu16 tion 814, of March 26, 1993;

17 (4) neither the expanded United Nations mission

18 of national reconciliation, nor the broad mission of

19 disarming the clans, nor any other mission not essen20 tial to the performance of the humanitarian mission

21 has been endorsed or approved by the Senate;

22 (5) the expanded mission of the United Nations

23 was, subsequent to an attack upon United Nations

24 forces, diverted into a mission aimed primarily at

25 capturing certain persons, pursuant to United Na-
4

HR 3116 EAS

1 tions Security Council Resolution 837, of June 6,

2 1993;

3 (6) the actions of hostile elements in Mogadishu,

4 and the United Nations mission to subdue those ele5 ments, have resulted in open conflict in the city of

6 Mogadishu and the deaths of 29 Americans, at least

7 159 wounded, and the capture of American personnel;

8 and

9 (7) during fiscal years 1992 and 1993, the Unit10 ed States incurred expenses in excess of

11 $1,100,000,000 to support operations in Somalia:

12 Provided further, That the Senate approves the use of Unit13 ed States Armed Forces in Somalia for the following pur14 poses—

15 (i) The protection of United States personnel

16 and bases; and

17 (ii) The provision of assistance in securing open

18 lines of communication for the free flow of supplies

19 and relief operations through the provision of—

20 (I) United States military logistical sup21 port services to United Nations forces; and

22 (II) United States combat forces in a secu23 rity role and as an interim force protection sup24 plement to United Nations units:
5

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1 Provided further, That funds appropriated, or otherwise

2 made available, in this or any other Act to the Department

3 of Defense may be obligated for expenses incurred only

4 through March 31, 1994 for the operations of United States

5 Armed Forces in Somalia: Provided further, That such date

6 may be extended if so requested by the President and au7 thorized by the Congress: Provided further, That funds may

8 be obligated beyond March 31, 1994 to support a limited

9 number of United States military personnel sufficient only

10 to protect American diplomatic facilities and American

11 citizens, and noncombat personnel to advise the United Na12 tions commander in Somalia: Provided further, That Unit13 ed States combat forces in Somalia shall be under the com14 mand and control of United States commanders under the

15 ultimate direction of the President of the United States:

16 Provided further, That the President should intensify efforts

17 to have United Nations member countries immediately de18 ploy additional troops to Somalia to fulfill previous force

19 commitments made to the United Nations and to deploy

20 additional forces to assume the security missions of United

21 States Armed Forces: Provided further, That—

22 (A) captured United States personnel in Soma23 lia should be treated humanely and fairly; and

24 (B) the United States and the United Nations

25 should make all appropriate efforts to ensure the im-
6

HR 3116 EAS

1 mediate and safe return of any future captured Unit2 ed States personnel:

3 Provided further, That the President should ensure that, at

4 all times, United States military personnel in Somalia have

5 the capacity to defend themselves, and American citizens:

6 Provided further, That the United States Armed Forces

7 should remain deployed in or around Somalia until such

8 time as all American service personnel missing in action

9 in Somalia are accounted for, and all American service per10 sonnel held prisoner in Somalia are released

11 Ω14æPage 8, line 17, strike out ø$18,097,782,000¿ and

12 insert: $19,845,083,000

13 Ω15æPage 8, line 17, strike out all after ‘‘in’’ down to

14 and including ‘‘and’’ in line 19 and insert: addition,

15 Ω16æPage 8, line 21, strike out all after ‘‘Fund’’ down

16 to and including ‘‘system’’ in line 24

17 Ω17æPage 9, strike out line 2

18 Ω18æPage 9, line 5, strike out all after ‘‘law;’’ down to

19 and including ‘‘Fund’’ in line 7 and insert: $1,834,495,000

20 Ω19æPage 9, line 17, strike out ø$18,305,447,000¿ and

21 insert: $19,107,389,000
7

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1 Ω20æPage 9, line 17, strike out all after ‘‘addition,’’

2 down to and including ‘‘and’’ in line 19

3 Ω21æPage 9, line 20, strike out all after ‘‘Fund’’ over

4 to and including ‘‘Pennsylvania’’ in line 23 on page 10

5 Ω22æPage 11, line 5, strike out ø$9,487,133,000¿ and

6 insert: $9,452,165,000

7 Ω23æPage 11, line 12, strike out all after ‘‘purposes’’

8 down to and including ‘‘law’’ in line 20 and insert: : Pro9 vided, That of the funds appropriated under this heading,

10 $58,000,000 shall be made available only for aiding school

11 districts in accordance with authority granted under sec12 tions 3(a) through 3(e) of Public Law 81–874: Provided fur13 ther, That of the funds appropriated in this paragraph, not

14 less than $50,000,000 shall be made available only for the

15 Legacy Resource Management Program, of which not less

16 than $200,000 shall be made available for the Legacy Re17 source Management Program fellowships: Provided further,

18 That of the funds appropriated under this heading,

19 $10,000,000 shall be made available only for the repair and

20 maintenance of federally owned education facilities located

21 on military installations

22 Ω24æPage 11, line 20, after ‘‘law’’ insert: : Provided fur23 ther, That of the funds appropriated under this heading,

24 $1,000,000 shall be made available only for use by the Office
8

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1 of the Secretary of Defense for the exploitation of captured

2 Iraqi Government documents relating to the Kurds and

3 other minorities of northern Iraq: Provided further, That

4 the funds in the preceding proviso may be made available

5 for personal service contracts of Arabic-language linguists

6 and may be exempt from competitive bidding requirements:

7 Provided further, That of the funds appropriated under this

8 heading, $1,000,000 shall be made available only for the

9 Defense Mapping Agency to evaluate and procure available

10 imagery photographs and materials from successor states

11 of the former Soviet Union: Provided further, That the Di12 rector of the Defense Mapping Agency shall report to the

13 Congressional Defense Committees the availability of such

14 imagery materials, priorities for acquisition and the proc15 ess for the dissemination of such materials to Federal agen16 cies, State and local authorities, academic institutions and

17 the private sector not later than March 15, 1994

18 Ω25æPage 12, line 3, strike out all after ‘‘communica19 tions;’’ down to and including ‘‘law’’ in line 6 and insert:

20 $1,057,740,000

21 Ω26æPage 12, line 14, strike out ø$807,200,000¿ and

22 insert: $761,137,000
9

HR 3116 EAS

1 Ω27æPage 12, line 14, strike out all after

2 ‘‘$807,200,000’’ down to and including ‘‘Command’’ in

3 line 18

4 Ω28æPage 12, line 18, strike out all after ‘‘Command’’

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

6 Ω29æPage 13, line 4, strike out all after ‘‘communica7 tions;’’ down to and including ‘‘law’’ in line 6 and insert:

8 $75,125,000

9 Ω30æPage 13, line 14, strike out all after ‘‘communica10 tions;’’ down to and including ‘‘law’’ in line 17 and insert:

11 $1,333,470,000

12 Ω31æPage 14, line 9, strike out ø$2,272,018,000¿ and

13 insert: $2,216,944,000

14 Ω32æPage 14, line 9, strike out all after

15 ‘‘$2,272,018,000’’ down to and including ‘‘law’’ in line 15

16 and insert: : Provided, That of the funds appropriated

17 under this heading, $3,000,000 shall be made available only

18 for the MEDRETES program

19 Ω33æPage 15, line 10, strike out ø$2,695,233,000¿ and

20 insert: $2,686,299,000
10

HR 3116 EAS

1 Ω34æPage 15, line 10, strike out all after

2 ‘‘$2,695,233,000’’ down to and including ‘‘Group’’ in line

3 15

4 Ω35æPage 15, line 15, strike out all after ‘‘Group’’ down

5 to and including ‘‘law’’ in line 17

6 Ω36æPage 16, line 14, strike out ø$5,855,000¿ and in7 sert: $6,055,000

8 Ω37æPage 16, line 16, strike out all after ‘‘purposes’’

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

10 Ω38æPage 16, line 21, strike out ø$1,716,800,000¿ and

11 insert: $2,207,800,000

12 Ω39æPage 16, line 25, strike out all after ‘‘waste,’’ over

13 to and including ‘‘and’’ in line 1 on page 17

14 Ω40æPage 17, strike out all after line 18 over to and

15 including line 5 on page 19 and insert:

16 SUMMER OLYMPICS

17 For logistical support and personnel services (other

18 than pay and nontravel related allowances of members of

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

20 of the reserve components thereof called or ordered to active

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

22 Olympiad to be held in Atlanta, Georgia) provided by any
11

HR 3116 EAS

1 component of the Department of Defense to the 1996 Games

2 of the XXVI Olympiad; $2,000,000.

3 WORLD CUP USA 1994

4 For logistical support and personnel services (other

5 than pay and nontravel related allowances of members of

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

7 of the reserve components thereof called or ordered to active

8 duty to provide support for the World Cup USA 1994 Orga9 nizing Committee) provided by any component of the De10 partment of Defense to the World Cup USA 1994 Organiz11 ing Committee; $12,000,000.

12 Ω41æPage 19, line 8, after ‘‘Afghanistan’’ insert: , the

13 Kurdish population and other minorities of northern Iraq,

14 Ω42æPage 19, line 8, after ‘‘and’’ insert: the people of

15 Ω43æPage 19, line 12, strike out ø$15,000,000¿ and in16 sert: $48,000,000

17 Ω44æPage 19, line 13, strike out all after ‘‘1995’’ down

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

19 That of the funds appropriated under this heading,

20 $30,000,000 shall be made available only for Kurdish relief

21 activities, of which $15,000,000 shall be made available for

22 a 1993–1994 winterization relief program: Provided fur23 ther, That of the funds appropriated under this heading,
12

HR 3116 EAS

1 $10,000,000 shall be made available for activities to support

2 clearing of land mines for humanitarian purposes

3 Ω45æPage 20, line 3, after ‘‘expended’’ insert: : Provided,

4 That of the funds appropriated under this heading,

5 $10,000,000 shall be made available only for the continuing

6 study, assessment, and identification of nuclear waste dis7 posal by the former Soviet Union in the Arctic region: Pro8 vided further, That the transfer authority provided in sec9 tion 9110(a) of the Department of Defense Appropriations

10 Act, 1993, shall continue to be in effect during fiscal year

11 1994: Provided further, That any transfer made under the

12 foregoing proviso in this paragraph shall be subject to the

13 limitations and the reporting requirements stipulated in

14 section 8006 of this Act

15 Ω46æPage 20, line 3, after ‘‘expended’’ insert: : Provided

16 further, That the Director of Central Intelligence shall re17 port to the President and the Congressional defense and in18 telligence committees on the current status of interconti19 nental ballistic missile development and production in

20 states eligible for assistance under this heading: Provided

21 further, That none of the funds appropriated under this

22 heading may be expended or transferred to an otherwise eli23 gible recipient state if the President concludes, and notifies

24 the Congressional defense and intelligence committees in a

25 written report, that the potential recipient is currently en-
13

HR 3116 EAS

1 gaged in the production of a new road mobile or fixed-site

2 land based intercontinental ballistic missile armed with

3 multiple nuclear re-entry vehicles

4 Ω47æPage 20, line 19, strike out ø$1,726,164,000¿ and

5 insert: $1,125,303,000

6 Ω48æPage 20, line 20, strike out all after ‘‘1996’’ down

7 to and including ‘‘law’’ in line 22

8 Ω49æPage 21, line 11, strike out ø$1,126,110,000¿ and

9 insert: $934,123,000

10 Ω50æPage 21, line 12, strike out all after ‘‘1996’’ down

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

12 Ω51æPage 22, line 4, strike out ø$892,709,000¿ and in13 sert: $805,074,000

14 Ω52æPage 22, line 5, strike out all after ‘‘1996’’ down

15 to and including ‘‘law’’ in line 7

16 Ω53æPage 22, strike out line 9

17 Ω54æPage 22, line 22, strike out ø$620,787,000¿ and

18 insert: $610,174,000

19 Ω55æPage 22, line 22, strike out all after

20 ‘‘$620,787,000,’’ over to and including ‘‘Defense,’’ in line

21 1 on page 23
14

HR 3116 EAS

1 Ω56æPage 23, line 19, strike out ø$2,904,933,000¿ and

2 insert: $2,784,474,000

3 Ω57æPage 23, line 20, after ‘‘1996’’ insert: : Provided

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

5 $18,000,000 shall be available only for Heavy Armor Modi6 fication for the High-Mobility multipurpose wheeled vehicle

7 Ω58æPage 24, line 7, strike out ø$5,664,216,000¿ and

8 insert: $5,665,615,000

9 Ω59æPage 24, line 20, strike out all after ‘‘layaway;’’

10 down to and including ‘‘1996’’ in line 21 and insert:

11 $2,972,906,000, to remain available for obligation until

12 September 30, 1996: Provided, That of the funds appro13 priated in this paragraph, $1,028,596,000 shall not be obli14 gated or expended for procurement or advance procurement

15 of Trident II missiles unless the President has certified to

16 Congress that the other signatories to the START treaty

17 have rejected a United States proposal to the Joint Compli18 ance and Inspection Commission that ‘‘detubing’’ be accept19 ed as an option for eliminating SLBM launchers under

20 START II or until the President has certified to Congress

21 that such course of action would not be in the national in22 terest

23 Ω60æPage 24, line 21, strike out all after ‘‘1996’’ down

24 to and including ‘‘law’’ in line 24
15

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1 Ω61æPage 25, after line 13, insert:

2 Carrier replacement program, $3,403,600,000:

3 Provided, That these funds shall not be obligated or

4 expended until authorized by law;

5 Ω62æPage 25, line 15, strike out ø$2,642,772,000¿ and

6 insert: $2,610,972,000

7 Ω63æPage 25, line 17, after ‘‘$893,848,000’’ insert: , of

8 which $50,000,000 may be available for advance procure9 ment on the LHD–7 amphibious assault ship

10 Ω64æPage 25, strike out lines 18 and 19

11 Ω65æPage 25, line 20, strike out all after ‘‘program,’’

12 over to and including ‘‘B–253129)’’ in line 7 on page 26

13 and insert: $62,482,000

14 Ω66æPage 26, lines 8 and 9, strike out øproduction de15 sign support,¿ and insert: and

16 Ω67æPage 26, lines 9 and 10, strike out øand cost

17 growth, $595,131,000¿ and insert: $330,104,000

18 Ω68æPage 26, line 11, strike out ø$5,397,102,000¿ and

19 insert: $7,332,133,000

20 Ω69æPage 26, line 23, strike out all after ‘‘shipyards’’

21 down to and including ‘‘law’’ in line 25
16

HR 3116 EAS

1 Ω70æPage 27, line 14, strike out ø$2,980,815,000¿ and

2 insert: $2,794,718,000

3 Ω71æPage 27, line 15, strike out all after ‘‘1996’’ down

4 to and including ‘‘Center’’ in line 23

5 Ω72æPage 27, line 23, strike out all after ‘‘Center’’ over

6 to and including ‘‘Center’’ in line 3 on page 28

7 Ω73æPage 28, line 3, strike out all after ‘‘Center’’ down

8 to and including ‘‘Command’’ in line 7

9 Ω74æPage 28, line 7, strike out all after ‘‘Command’’

10 down to and including ‘‘Force’’ in line 10

11 Ω75æPage 28, line 10, strike out all after ‘‘Force’’ down

12 to and including ‘‘law’’ in line 13

13 Ω76æPage 29, line 2, strike out ø$527,754,000¿ and in14 sert: $441,056,000

15 Ω77æPage 29, line 3, strike out all after ‘‘1996’’ down

16 to and including ‘‘law’’ in line 5

17 Ω78æPage 29, line 20, strike out ø$6,887,201,000¿ and

18 insert: $4,017,475,000

19 Ω79æPage 29, line 21, strike out all after ‘‘1996’’ down

20 to and including ‘‘aircraft’’ in line 23
17

HR 3116 EAS

1 Ω80æPage 29, line 23, after ‘‘aircraft’’ insert: : Provided,

2 That of the funds appropriated under this paragraph,

3 $4,500,000 shall be available for replacement of the TER–

4 9A ejection rack for F–16 fighter aircraft

5 Ω81æPage 30, line 14, strike out ø$3,845,354,000¿ and

6 insert: $4,127,514,000

7 Ω82æPage 30, line 15, strike out all after ‘‘1996’’ down

8 to and including ‘‘law’’ in line 17

9 Ω83æPage 31, line 10, strike out ø$7,336,918,000¿ and

10 insert: $7,527,084,000

11 Ω84æPage 31, line 16, strike out ø$1,178,100,000¿ and

12 insert: $785,000,000

13 Ω85æPage 31, line 17, strike out all after ‘‘1996’’ down

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

15 Ω86æPage 32, line 12, strike out ø$1,557,344,000¿ and

16 insert: $1,602,726,000

17 Ω87æPage 32, line 13, strike out all after ‘‘1996’’ down

18 to and including ‘‘conversion’’ in line 24

19 Ω88æPage 33, strike out lines 1 to 12

20 Ω89æPage 33, line 22, strike out ø$5,560,082,000¿ and

21 insert: $5,275,385,000
18

HR 3116 EAS

1 Ω90æPage 34, line 4, strike out all after ‘‘Maryland’’

2 down to and including ‘‘law’’ in line 18 and insert: : Pro3 vided further, That of the funds appropriated under this

4 heading, $15,000,000 may be made available for an up5 grade of the Los Alamos Meson Physics Facility/Los Alamos

6 Neutron Scattering Center upon the determination by the

7 Secretary of Defense and the Secretary of Energy that the

8 project will make a significant contribution to enhancing

9 the capabilities of United States armed forces

10 Ω91æPage 34, line 25, strike out ø$8,604,777,000¿ and

11 insert: $7,925,369,000

12 Ω92æPage 35, line 1, strike out all after ‘‘1995’’ down

13 to and including ‘‘projects’’ in line 16

14 Ω93æPage 35, line 16, strike out all after ‘‘projects’’

15 down to and including ‘‘program’’ in line 24

16 Ω94æPage 35, line 24, strike out all after ‘‘program’’

17 over to and including ‘‘Government’’ in line 6 on page 36

18 Ω95æPage 36, line 6, strike out all after ‘‘Government’’

19 down to and including ‘‘Government’’ in line 12

20 Ω96æPage 36, line 12, strike out all after ‘‘Government’’

21 down to and including ‘‘aircraft’’ in line 21
19

HR 3116 EAS

1 Ω97æPage 36, line 21, strike out all after ‘‘aircraft’’ over

2 to and including ‘‘ship’’ in line 4 on page 37

3 Ω98æPage 37, line 4, strike out all after ‘‘ship’’ down

4 to and including ‘‘responsibilities’’ in line 10

5 Ω99æPage 37, line 17, strike out ø$12,608,995,000¿ and

6 insert: $11,847,970,000

7 Ω100æPage 37, line 18, strike out all after ‘‘1995’’ over

8 to and including ‘‘(NCMS)’’ in line 2 on page 38 and in9 sert: : Provided, That not less than $74,000,000 of the funds

10 appropriated in this paragraph shall be made available

11 only for development of the Global Positioning System

12 (GPS) Aided Relative Synthetic Aperture Radar Targeting/

13 GPS-Aided Munitions (GATS/GAM) capability for the B–

14 2 Advanced Technology Bomber: Provided further, That of

15 the funds appropriated in this paragraph, not less than

16 $15,000,000 of the funds in the Advanced Weapons program

17 element shall be made available only to continue the estab18 lishment and operation of an image information processing

19 center supporting the Air Force Maui Space Surveillance

20 Site (MSSS): Provided further, That of the funds appro21 priated in this paragraph, $2,000,000 shall be made avail22 able only for development and testing of down-sized test

23 equipment for the F–15
20

HR 3116 EAS

1 Ω101æPage 38, line 12, strike out ø$9,376,918,000¿ and

2 insert: $8,296,588,000

3 Ω102æPage 38, line 13, strike out all after ‘‘1995’’ over

4 to and including ‘‘programs’’ in line 4 on page 39

5 Ω103æPage 39, line 4, strike out all after ‘‘programs’’

6 over to and including ‘‘search’’ in line 18 on page 41 and

7 insert: : Provided, That of the funds appropriated in this

8 paragraph, not less than $5,000,000 of the funds in the

9 High Performance Computing Modernization program ele10 ment shall be made available only to upgrade the

11 supercomputing capability and capacity of the Maui High

12 Performance Computing Center

13 Ω104æPage 41, line 18, after ‘‘search’’ insert: : Provided

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

15 $10,500,000 shall be available only for the ARPA Nuclear

16 Nonproliferation Technology Initiative

17 Ω105æPage 41, line 18, after ‘‘search’’ insert: : Provided

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

19 $6,500,000 shall be available for the establishment and op20 eration of a Joint Simulation Center for Warfighting Con21 cepts and Doctrine Development: Provided further, That of

22 the funds appropriated in this paragraph, $5,000,000 shall

23 be available for the establishment of a Peace Enforcement

24 Doctrine Development Center
21

HR 3116 EAS

1 Ω106æPage 41, line 18, after ‘‘search’’ insert: : Provided

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

3 $4,600,000 shall be made available only for the design and

4 demonstration of the Yankee Methanol Plantship

5 Ω107æPage 42, line 1, strike out ø$232,592,000¿ and

6 insert: $228,047,000

7 Ω108æPage 42, line 17, strike out ø$1,091,100,000¿ and

8 insert: $1,161,095,000

9 Ω109æPage 42, line 17, strike out all after

10 ‘‘$1,091,100,000’’ down to and including ‘‘operations’’ in

11 line 24

12 Ω110æPage 43, line 1, strike out øSEALIFT¿ and insert:

13 STRATEGIC LIFT

14 Ω111æPage 43, strike out line 2

15 Ω112æPage 43, line 3, strike out øSealift¿ and insert:

16 Strategic Lift

17 Ω113æPage 43, line 4, strike out ø$490,800,000¿ and

18 insert: $2,669,100,000

19 Ω114æPage 43, line 5, strike out all after ‘‘expended’’

20 over to and including ‘‘weight’’ in line 2 on page 44

21 Ω115æPage 44, line 8, strike out ø$9,644,447,000¿ and

22 insert: $9,576,209,000
22

HR 3116 EAS

1 Ω116æPage 44, line 9, strike out ø$9,368,185,000¿ and

2 insert: $9,303,447,000

3 Ω117æPage 44, line 10, strike out ø$276,262,000¿ and

4 insert: $272,762,000

5 Ω118æPage 44, line 21, after ‘‘tucky’’ insert: and that

6 one multi-state region shall include the State of New Mexico

7 Ω119æPage 44, line 21, strike out all after ‘‘tucky’’ over

8 to and including ‘‘law’’ in line 2 on page 45 and insert:

9 : Provided further, That of the funds appropriated under

10 this heading, not less than $1,410,000 shall be made avail11 able only for annual incentive pay bonuses for certified

12 nurse anesthetists: Provided further, That of the funds ap13 propriated under this heading, not less than $3,000,000

14 shall be made available only for nursing research programs:

15 Provided further, That of the funds appropriated under this

16 heading, $1,500,000 shall be made available for the Na17 tional Museum of Health and Medicine

18 Ω120æPage 45, line 11, strike out ø$397,561,000¿ and

19 insert: $395,847,000

20 Ω121æPage 45, line 12, strike out ø$292,061,000¿ and

21 insert: $278,361,000

22 Ω122æPage 45, line 13, strike out ø$74,800,000¿ and

23 insert: $65,886,000, shall be for Procurement
23

HR 3116 EAS

1 Ω123æPage 45, line 14, strike out øshall be for Procure2 ment,¿

3 Ω124æPage 45, line 14, strike out ø$30,700,000¿ and

4 insert: $51,600,000, shall be for Research, development, test

5 and evaluation

6 Ω125æPage 45, lines 15 and 16, strike out ø, shall be

7 for Research, development, test and evaluation¿

8 Ω126æPage 45, line 16, strike out all after ‘‘evaluation’’

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

10 Ω127æPage 46, line 3, strike out ø$757,785,000¿ and

11 insert: $1,080,656,000

12 Ω128æPage 46, line 9, strike out all after ‘‘Act’’ down

13 to and including ‘‘Initiative’’ in line 12

14 Ω129æPage 46, line 17, strike out ø$169,801,000¿ and

15 insert: $127,601,000

16 Ω130æPage 46, line 17, strike out ø$169,001,000¿ and

17 insert: $126,801,000

18 Ω131æPage 47, strike out line 3

19 Ω132æPage 47, strike out lines 12 to 20 and insert:
24

HR 3116 EAS

1 For the purposes of Title VIII of Public Law 102–183,

2 $24,000,000 to be derived from the National Security Edu3 cation Trust Fund, to remain available until expended.

4 Ω133æPage 47, line 23, strike out ø$114,688,000¿ and

5 insert: $115,788,000

6 Ω134æPage 48, line 22, after ‘‘1980’’ insert: : Provided

7 further, That the limitations of this provision shall not

8 apply to foreign national employees of the Department of

9 Defense in the Republic of Turkey

10 Ω135æPage 49, strike out lines 14 to 18

11 Ω136æPage 49, line 23, strike out ø$2,000,000,000¿ and

12 insert: $1,500,000,000

13 Ω137æPage 54, strike out all after line 3 over to and

14 including line 3 on page 55 and insert:

15 SEC. 8012. Within the funds appropriated for the oper16 ation and maintenance of the Armed Forces, funds are here17 by appropriated pursuant to section 401 of title 10, United

18 States Code, for humanitarian and civic assistance costs

19 under chapter 20 of title 10, United States Code. Such funds

20 may also be obligated for humanitarian and civic assist21 ance costs incidental to authorized operations and pursuant

22 to authority granted in section 401 of chapter 20 of title

23 10, United States Code, and these obligations shall be re-
25

HR 3116 EAS

1 ported to Congress on September 30 of each year: Provided,

2 That funds available for operation and maintenance shall

3 be available for providing humanitarian and similar assist4 ance by using Civic Action Teams in the Trust Territories

5 of the Pacific Islands and freely associated states of Micro6 nesia, pursuant to the Compact of Free Association as au7 thorized by Public Law 99–239: Provided further, That

8 upon a determination by the Secretary of the Army that

9 such action is beneficial for graduate medical education

10 programs conducted at Army medical facilities located in

11 Hawaii, the Secretary of the Army may authorize the pro12 vision of medical services at such facilities and transpor13 tation to such facilities, on a nonreimbursable basis, for ci14 vilian patients from American Samoa, the Commonwealth

15 of the Northern Mariana Islands, the Marshall Islands, the

16 Federated States of Micronesia, Palau, and Guam.

17 Ω138æPage 55, strike out all after line 11 over to and

18 including line 4 on page 56 and insert:

19 SEC. 8014. Notwithstanding any other provision of

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

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

22 fifty United States, its territories, and the District of Co23 lumbia, 131,250 civilian workyears: Provided, That

24 workyears shall be applied as defined in the Federal Person25 nel Manual: Provided further, That workyears expended in
26

HR 3116 EAS

1 dependent student hiring programs for disadvantaged

2 youths shall not be included in this workyear limitation.

3 Ω139æPage 60, strike out all after line 5 over to and

4 including line 4 on page 62, and insert:

5 SEC. 8023. None of the funds appropriated or made

6 available by this Act may be obligated for acquisition of

7 major automated information systems which have not suc8 cessfully completed oversight reviews required by Defense

9 Department regulations: Provided, That none of the funds

10 appropriated or made available by this Act may be obli11 gated on Composite Health Care System acquisition con12 tracts if such contracts would cause the total life cycle cost

13 estimate of $1,600,000,000 expressed in fiscal year 1986

14 constant dollars to be exceeded.

15 Ω140æPage 62, strike out all after line 15 over to and

16 including line 23 on page 64 and insert:

17 SEC. 8025. None of the funds appropriated by this Act

18 may be used to establish new region-wide, at-risk, fixed

19 price managed care contracts possessing features similar to

20 those of the CHAMPUS Reform Initiative until such time

21 as the Secretary of Defense submits to the Congress a plan

22 to implement a nation-wide managed health care program

23 for the military health services system: Provided, That the

24 program shall include, but not be limited to: (1) a uniform,

25 stabilized benefit structure characterized by a triple option
27

HR 3116 EAS

1 health benefit feature; (2) a regionally-based health care

2 management system; (3) cost minimization incentives in3 cluding ‘‘gatekeeping’’ and annual enrollment procedures,

4 capitation budgeting, and at-risk provider contracts; and

5 (4) full and open competition for all managed care support

6 contracts: Provided further, That the implementation of the

7 nation-wide managed care military health services system

8 shall be completed by September 30, 1996.

9 Ω141æPage 66, strike out all after line 17 over to and

10 including line 22 on page 68 and insert:

11 SEC. 8028. None of the funds appropriated or other12 wise made available by this Act may be obligated or ex13 pended for development or procurement of any automated

14 Computer Aided Logistics system unless specific approval

15 for such system is provided in writing to the Committees

16 on Appropriations and Armed Services of the House and

17 Senate by the Deputy Under Secretary of Defense (Logis18 tics) at least 30 days prior to any contract solicitation.

19 Ω142æPage 68, strike out all after line 22 over to and

20 including line 21 on page 69, and insert:

21 SEC. 8029. Notwithstanding any other provision of

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

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

24 lock on a safe or security container which protects informa25 tion critical to national security or any other classified ma-
28

HR 3116 EAS

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

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

5 1992.

6 Ω143æPage 69, strike out all after line 21 over to and

7 including line 2 on page 71 and insert:

8 SEC. 8030. None of the funds available to the Depart9 ment of the Navy may be used to enter into any contract

10 for the overhaul, repair, or maintenance of any naval vessel

11 homeported on the West Coast of the United States which

12 includes charges for interport differential as an evaluation

13 factor for award.

14 Ω144æPage 73, strike out all after line 16 over to and

15 including line 10 on page 75

16 Ω145æPage 75, after line 10 insert:

17 SEC. 8035. Such sums as may be necessary for fiscal

18 year 1994 pay raises for programs funded by this Act shall

19 be derived from funds within the amounts appropriated in

20 this Act.

21 Ω146æPage 78, line 19, strike out øthe Letterman Army

22 Institute of Research¿ and insert: any Army Research

23 Laboratory
29

HR 3116 EAS

1 Ω147æPage 79, strike out all after line 16 over to and

2 including line 4 on page 80 and insert:

3 SEC. 8046. Notwithstanding any other provision of

4 law, each contract awarded by the Department of Defense

5 in fiscal year 1994 for construction or service performed

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

7 another State and has an unemployment rate in excess of

8 the national average rate of unemployment as determined

9 by the Secretary of Labor shall include a provision requir10 ing the contractor to employ, for the purpose of performing

11 that portion of the contract in such State that is not contig12 uous with another State, individuals who are residents of

13 such State and who, in the case of any craft or trade, pos14 sess or would be able to acquire promptly the necessary

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

16 the requirements of this section in the interest of national

17 security.

18 Ω148æPage 82, strike out lines 9 to 18 and insert:

19 SEC. 8051. Notwithstanding any other provision of

20 law, a qualified Indian Tribal or Alaska Native Corpora21 tion which enters into a joint venture with a qualified small

22 business concern shall not be denied the opportunity to com23 pete for and be awarded a procurement contract to supply

24 a product under the program provided for by section 2323

25 of title 10, United States Code, solely because the Indian
30

HR 3116 EAS

1 Tribal or Alaska Native Corporation is not the actual man2 ufacturer or processor of the product to be supplied.

3 Ω149æPage 82, line 20, strike out ø$11,679,000¿ and

4 insert: $10,596,000

5 Ω150æPage 82, line 21, strike out ø$4,642,000¿ and in6 sert: $4,471,000

7 Ω151æPage 84, strike out lines 13 to 24 and insert:

8 SEC. 8056. Notwithstanding any other provision of

9 law, in addition to the funds made available elsewhere in

10 this Act to the Department of the Navy, $60,000,000 to re11 main available until expended, shall be made available only

12 for obligations incurred in the conveyance, clean-up, and

13 restoration of Kaho’olawe Island.

14 Ω152æPage 85, strike out lines 14 to 25 and insert:

15 SEC. 8059. Of the funds made available by this Act

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

17 each appropriations account in title III, shall be available

18 for incentive payments authorized by section 504 of the In19 dian Financing Act of 1974, 25 U.S.C. 1544. These pay20 ments shall be available only to contractors which have sub21 mitted subcontracting plans pursuant to 15 U.S.C.

22 637(d)(4)(B), and according to regulations which shall be

23 promulgated by the Secretary of Defense within 90 days

24 of the passage of this Act.
31

HR 3116 EAS

1 Ω153æPage 86, line 17, strike out øsuch appropriations

2 as necessary¿ and insert: $20,000,000,

3 Ω154æPage 88, after line 17, insert:

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

5 amounts available to the Department of Defense during fis6 cal year 1994, not more than $1,352,650,000 may be obli7 gated for financing activities of federally funded research

8 and development centers.

9 (d) The total amount appropriated for research, devel10 opment, test and evaluation by this Act is hereby reduced

11 by $200,000,000 to reflect the obligation limitation con12 tained in subsection (c).

13 Ω155æPage 88, strike out all after line 17 over to and

14 including line 18 on page 90 and insert:

15 SEC. 8065. None of the funds available to the Depart16 ment of Defense during the current fiscal year may be obli17 gated or expended to develop for aircraft or helicopter weap18 ons systems an airborne instrumentation system for flight

19 test data acquisition, or to develop or implement modifica20 tions to an existing airborne instrumentation system, other

21 than the Common Airborne Instrumentation System under

22 development in the Central Test and Evaluation Investment

23 Development program element funded in the ‘‘Developmen24 tal Test and Evaluation, Defense’’ appropriations account.
32

HR 3116 EAS

1 SEC. 8066. None of the unobligated balances available

2 in the National Defense Stockpile Transaction Fund during

3 the current fiscal year may be obligated or expended to fi4 nance any grant or contract to conduct research, develop5 ment, test and evaluation activities for the development or

6 production of advanced materials, unless amounts for such

7 purposes are specifically appropriated in a subsequent ap8 propriations Act.

9 Ω156æPage 92, strike out all after line 21 over to and

10 including line 18 on page 95 and insert:

11 SEC. 8070. Notwithstanding any other provision of

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

13 defense technology and industrial base of terminations and

14 significant reductions of major research and development

15 programs and procurement programs of the Department of

16 Defense shall address only those actions recommended by

17 the Defense Department in its annual budget request and

18 amendments thereto, supplemental requests, or proposed re19 scissions.

20 Ω157æPage 97, strike out lines 3 to 13 and insert:

21 SEC. 8075. None of the funds in this or any other Act

22 shall be available for the preparation of studies on—

23 (a) the feasibility of removal and transportation

24 of unitary chemical weapons from the eight chemical

25 storage sites within the continental United States:
33

HR 3116 EAS

1 Provided, That this prohibition shall not apply to

2 non-stockpile material in the United States or to

3 studies needed for environmental analysis required by

4 the National Environmental Policy Act; and

5 (b) the potential future uses of the nine chemical

6 disposal facilities other than for the destruction of

7 stockpile chemical munitions and as limited by sec8 tion 1412(c)(2), Public Law 99–145: Provided, That

9 this prohibition does not apply to future use studies

10 for the CAMDS facility at Tooele, Utah.

11 Ω158æPage 99, line 11, strike out øFacility,¿ and insert:

12 Facility or

13 Ω159æPage 99, lines 12 and 13, strike out ø, or any

14 other building not an integral part of the present Penta15 gon building¿

16 Ω160æPage 99, strike out lines 22 to 25

17 Ω161æPage 99, after line 25 insert:

18 SEC. 8083. Notwithstanding any other provision of

19 law, the Naval shipyards of the United States shall be eligi20 ble to participate in any manufacturing extension program

21 financed by funds appropriated in this or any other Act.

22 Ω162æPage 100, line 8, after ‘‘Act’’ insert: : Provided

23 further, That $5,000,000 of the funds made available by this
34

HR 3116 EAS

1 section shall be available until September 30, 1995 for ex2 penses associated with the construction and modification of

3 facilities to support the relocation of military training pro4 grams from installations in the Philippines to sites in the

5 United States

6 Ω163æPage 101, strike out lines 5 to 9 and insert:

7 SEC. 8088. None of the funds available to the Depart8 ment of Defense for establishing a Naval East Coast Elec9 tronics Engineering Center may be obligated or expended

10 for the establishment of such Headquarters at any location

11 other than Charleston, South Carolina: Provided, That no

12 such funds may be obligated or expended for the establish13 ment or operation of subordinate detachments at St.

14 Inigoes, Maryland, and Portsmouth, Virginia, with man15 ning levels or broader functions than that specifically stated

16 in the 1993 Report to the President of the Defense Base

17 Closure and Realignment Commission.

18 Ω164æPage 101, strike out all after line 9 over to and

19 including line 8 on page 102 and insert:

20 SEC. 8089. (a) Notwithstanding any other provision

21 of law, funds appropriated under this Act for the Depart22 ment of Defense shall be made available for the Overseas

23 Workload Program: Provided, That a firm of any member

24 nation of the North Atlantic Treaty Organization (NATO)

25 or of any major non-NATO ally or countries in the Euro-
35

HR 3116 EAS

1 pean Theater, shall be eligible to bid on any contract for

2 the maintenance, repair, or overhaul of equipment of the

3 Department of Defense to be awarded under competitive

4 procedures as part of the program of the Department of De5 fense known as the Overseas Workload Program.

6 (b) A contract awarded during fiscal year 1994, or

7 thereafter, to a firm described in subsection (a) may be per8 formed in the theater in which the equipment is normally

9 located or in the country in which the firm is located.

10 (c) For purposes only of this section, Israel shall be

11 considered in the European Theater in every respect, with

12 its firms fully eligible for nonrestrictive, nondiscriminatory

13 contract competition under the Overseas Workload Pro14 gram.

15 (d) No funds appropriated for the Overseas Workload

16 Program for fiscal year 1994 or thereafter shall be used for

17 contracts awarded in fiscal year 1994 or thereafter which

18 have not been opened for competition in a manner consist19 ent with this provision.

20 Ω165æPage 102, strike out lines 9 to 21 and insert:

21 SEC. 8090. None of the funds available to the Depart22 ment of the Air Force shall be available to establish or sup23 port any organic depot maintenance support activity for

24 the B–2 bomber.
36

HR 3116 EAS

1 Ω166æPage 102, strike out all after line 21 over to and

2 including line 22 on page 103 and insert:

3 SEC. 8091. (a) Any college, university, or other institu4 tion which has been determined by the Defense Contract

5 Audit Agency to have overbilled the Federal Government for

6 indirect costs which are unreasonable, unallowable, or

7 unallocable under Office of Management and Budget Circu8 lars A–21 and A–133 may not receive from the Department

9 of Defense, during fiscal year 1994, any grant or contract,

10 or combination of grants or contracts, which totals the

11 amount overbilled to the Department of Defense.

12 (b) The restriction in subsection (a) shall not apply

13 if, within six months after an official determination of

14 overbilling—

15 (1) the institution in question either repays in

16 full to the United States Treasury the amount

17 overbilled to the Federal Government, plus interest, or

18 (2) the Under Secretary of Defense for Acquisi19 tion certifies in writing to Congress that the institu20 tion is no longer liable for such restitution, or that

21 the dispute has become the subject of formal judicial

22 review.

23 (c) The restriction in subsection (a) shall only apply to

24 any college, university, or other institution which has been

25 determined by the Defense Contract Audit Agency to have
37

HR 3116 EAS

1 overbilled the Federal Government by an amount which

2 equals or exceeds $15,000,000.

3 Ω167æPage 104, line 2, strike out ø$50,000¿ and insert:

4 $25,000

5 Ω168æPage 104, line 4, strike out øor indirect¿

6 Ω169æPage 104, strike out lines 7 to 12 and insert:

7 SEC. 8094. Of the funds appropriated to the Depart8 ment of Defense for Operation and Maintenance, Defense9 Wide, not less than $8,000,000 shall be made available until

10 expended to the Administration for Native Americans with11 in 90 days of enactment of this Act only for the mitigation

12 of environmental impacts, including the gathering of infor13 mation, documenting of environmental damage, and devel14 oping a system for prioritization of mitigation, on Indian

15 lands resulting from Department of Defense activities.

16 Ω170æPage 104, strike out lines 19 to 25 and insert:

17 SEC. 8096. None of the funds available to the Depart18 ment of Defense shall be used for the training or utilization

19 of psychologists in the prescription of drugs, except pursu20 ant to the findings and recommendations of the Army Sur21 geon General’s Blue Ribbon Panel as specified in its Feb22 ruary and August 1990 meeting minutes.

23 Ω171æPage 105, strike out lines 1 to 23 and insert:
38

HR 3116 EAS

1 SEC. 8097. During the current fiscal year, obligations

2 against the stock funds of the Department of Defense may

3 not be incurred in excess of 70 percent of sales from such

4 stock funds during the current fiscal year: Provided, That

5 in determining the amount of obligations against, and sales

6 from the stock funds, obligations and sales for fuel, subsist7 ence, commissary items, retail operations, the cost of oper8 ations, and repair of spare parts shall be excluded: Provided

9 further, That upon a determination by the Secretary of De10 fense that such action is critical to the national security

11 of the United States, the Secretary may waive the provi12 sions of this section: Provided further, That if the provisions

13 of this section are waived, the Secretary shall immediately

14 notify the Congress of the waiver and the reasons for such

15 a waiver.

16 Ω172æPage 105, strike out all after line 23 over to and

17 including line 12 on page 106 and insert:

18 SEC. 8098. None of the funds provided in this Act shall

19 be available for use by a Military Department to modify

20 an aircraft, weapon, ship or other item of equipment, that

21 the Military Department concerned plans to retire or other22 wise dispose of within five years after completion of the

23 modification: Provided, That this prohibition shall not

24 apply to safety modifications: Provided further, That this

25 prohibition may be waived by the Secretary of a Military
39

HR 3116 EAS

1 Department if the Secretary determines it is in the best na2 tional security interest of the country to provide such waiv3 er and so notifies the congressional defense committees in

4 writing.

5 Ω173æPage 107, after line 18, insert:

6 SEC. 8099A. None of the funds appropriated by this

7 Act shall be used for the support of any nonappropriated

8 funds activity of the Department of Defense that procures

9 malt beverages, wine and cigarettes with nonappropriated

10 funds for resale (including such alcoholic beverages sold by

11 the drink) on a military installation located in the United

12 States unless such malt beverages, wine and cigarettes are

13 procured within that State, or in the case of the District

14 of Columbia, within the District of Columbia, in which the

15 military installation is located: Provided, That in a case

16 in which the military installation is located in more than

17 one State, purchases may be made in any State in which

18 the installation is located: Provided further, That such local

19 procurement requirements for malt beverages, wine and

20 cigarettes shall apply to all alcoholic beverages and ciga21 rettes only for military installations in States which are

22 not contiguous with another State: Provided further, That

23 alcoholic beverages other than wine and malt beverages, and

24 cigarettes, in contiguous States and the District of Colum-
40

HR 3116 EAS

1 bia shall be procured from the most competitive source,

2 price and other factors considered.

3 Ω174æPage 108, strike out lines 7 to 23 and insert:

4 SEC. 8102. (a) Of the amounts available to the Depart5 ment of Defense for fiscal year 1994, not less than

6 $10,000,000 shall be available for National Defense Science

7 and Engineering Graduate Fellowships to be awarded on

8 a competitive basis by the Secretary of Defense to United

9 States citizens or nationals pursuing advanced degrees in

10 fields of primary concern and interest to the Department.

11 (b) Fellowships awarded pursuant to subsection (a)

12 above shall not be restricted on the basis of the geographical

13 locations in the United States of the institutions at which

14 the recipients are pursuing the aforementioned advanced

15 degrees.

16 (c) Not less than 50 per centum of the funds necessary

17 to carry out this section shall be derived from the amounts

18 available for the University Research Initiatives Program

19 in ‘‘Research, Development, Test and Evaluation, Defense20 Wide’’, and the balance necessary shall be derived from

21 amounts available for Defense Research Sciences under title

22 IV of this Act.

23 Ω175æPage 109, lines 4 and 5, strike out øand there24 after,¿
41

HR 3116 EAS

1 Ω176æPage 109, lines 9 and 10, strike out øand there2 after,¿

3 Ω177æPage 109, lines 21 and 22 strike out øand there4 after,¿

5 Ω178æPage 110, strike out all after line 13 over to and

6 including line 7 on page 115 and insert:

7 SEC. 8109. None of the funds appropriated by this Act

8 shall be used to begin closing a military treatment facility

9 unless the Secretary of Defense notifies the Committees on

10 Appropriations of the House of Representatives and the

11 Senate ninety days prior to such action.

12 SEC. 8110. The Secretary of Defense is authorized to

13 provide optional summer school programs in addition to

14 the programs otherwise authorized by the Defense Depend15 ents Education Act of 1978 (Public Law 95–561), and to

16 charge a fee for participation in such optional education

17 programs. Optional summer school program fees shall be

18 made available for use by the Secretary to defray the costs

19 of summer school operations.

20 SEC. 8111. Unobligated balances of the funds appro21 priated in Public Law 102–172 and Public Law 102–396

22 under the headings ‘‘World University Games’’, ‘‘Summer

23 Olympics’’ and ‘‘World Cup USA 1994’’ in title II of those

24 Acts shall, notwithstanding any other section of those Acts,

25 remain available for obligation until September 30, 1995.
42

HR 3116 EAS

1 SEC. 8112. Notwithstanding any other provision of

2 law, reimbursements received from the North Atlantic Trea3 ty Organization for the E–3 Airborne Warning and Control

4 System (AWACS) Radar System Improvement Program

5 (RSIP) attributable to development work for fiscal years

6 1987 through 1992 shall be available to the Air Force until

7 September 30, 1994, for meeting that service’s financial

8 commitments for the AWACS RSIP.

9 SEC. 8113. (a) None of the funds appropriated or oth10 erwise made available in this Act may be used to transport

11 or provide for the transportation of chemical munitions to

12 the Johnston Atoll for the purpose of storing or demilitariz13 ing such munitions.

14 (b) The prohibition in subsection (a) shall not apply

15 to any obsolete World War II chemical munition of the

16 United States found in the World War II Pacific Theater

17 of Operations.

18 (c) The President may suspend the application of sub19 section (a) during a period of war in which the United

20 States is a party.

21 SEC. 8114. None of the funds available to the Depart22 ment of Defense may be used to support the relocation of

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

24 Naval Air Station at Barbers Point, Hawaii unless such

25 relocation was specifically stated in the 1993 Report to the
43

HR 3116 EAS

1 President of the Defense Base Closure and Realignment

2 Commission.

3 SEC. 8115. (a) No funds available to the Air Force

4 during fiscal year 1994 may be obligated or expended for

5 any research, development, test, or evaluation activities to

6 upgrade the current capabilities of the B–1B bomber unless

7 the Secretary of Defense certifies to the Congressional de8 fense committees that the entire B–1B upgrade program is

9 militarily-required, affordable, and fully funded in the Fu10 ture Years Defense Program for fiscal years 1995–2000.

11 (b) Of the funds appropriated for the Department of

12 Defense for fiscal year 1993 under the heading ‘‘Research,

13 Development, Test and Evaluation, Air Force’’ in Title IV

14 of Public Law 102–396, the following amount is hereby re15 scinded: $31,000,000.

16 SEC. 8116. The Secretary of Defense is authorized to

17 use, for foreign military sales otherwise authorized under

18 Chapter 39, title 22 United States Code or for transfer to

19 United States Army, Army National Guard, or Army Re20 serves, articles and services procured for the implementation

21 of the Italian air defense agreements: Provided, That the

22 term ‘‘Italian air defense agreements’’ has the meaning

23 given such term in Section 1050 of Public Law 102–190,

24 (105 Stat. 1469): Provided further, That section 1050 of

25 Public Law 102–190 (105 Stat. 1469) is repealed.
44

HR 3116 EAS

1 SEC. 8117. None of the funds appropriated or other2 wise made available by this or any other Act may be made

3 available for the Department of Defense to develop, acquire,

4 by purchase or otherwise, any 52 caliber-variant of the

5 M109 155mm self-propelled howitzer.

6 SEC. 8118. Notwithstanding any other provision of

7 law, funds and credits received from the contractor under

8 contract warranties for the failure of the first ultra high

9 frequency follow-on satellite shall no longer be available for

10 a replacement ultra high frequency satellite but shall be

11 made available to finance a replacement extremely high fre12 quency satellite and its launch.

13 Ω179æPage 115, strike out lines 18 to 21 and insert:

14 Under the heading, ‘‘Research, Development,

15 Test and Evaluation, Navy, 1993/1994’’,

16 $3,459,000;

17 Ω180æPage 116, strike out lines 2 to 24 and insert:

18 Under the heading, ‘‘Aircraft Procurement,

19 Navy, 1993/1995’’, $3,400,000;

20 Under the heading, ‘‘National Guard and

21 Reserve Equipment, 1993/1995’’, $21,208,000;

22 Under the heading, ‘‘Research, Development,

23 Test and Evaluation, Navy, 1993/1994’’,

24 $88,846,000;
45

HR 3116 EAS

1 Ω181æPage 117, line 11, strike out ø$28,890,000¿ and

2 insert: $57,600,000

3 Ω182æPage 117, strike out lines 12 to 24 and insert:

4 Under the heading, ‘‘Weapons Procurement,

5 Navy, 1992/1994’’, $36,000,000;

6 Under the heading, ‘‘Other Procurement,

7 Navy, 1993/1995’’, $66,756,000;

8 Ω183æPage 118, strike out lines 14 to 18 and insert:

9 Under the heading, ‘‘Shipbuilding and Con10 version, Navy, 1990/1994’’:

11 AOE combat support ship program,

12 $3,505,000;

13 Oceanographic ship program,

14 $538,000;

15 Craft, outfitting, post delivery, and

16 ship special support equipment, $994,000;

17 Under the heading, ‘‘Weapons Procurement,

18 Navy, 1993/1995’’, $49,868,000;

19 Ω184æPage 119, strike out lines 3 and 4

20 Ω185æPage 119, after line 5 insert:

21 Under the heading, ‘‘Shipbuilding and Con22 version, Navy, 1991/1995’’:

23 For craft, outfitting, and post delivery,

24 $45,865,000;
46

HR 3116 EAS

1 Under the heading, ‘‘Shipbuilding and Con2 version, Navy, 1992/1996’’:

3 DDG–51 destroyer program,

4 $41,800,000;

5 For craft, outfitting, post delivery, and

6 DBOF transfer, $6,260,000;

7 Under the heading, ‘‘Shipbuilding and Con8 version, Navy, 1993/1997’’:

9 DDG–51 destroyer program,

10 $14,400,000;

11 MHC coastal mine hunter program,

12 $9,343,000;

13 For craft, outfitting, post delivery, and

14 first destination transportation, and infla15 tion adjustments, $45,177,000;

16 Ω186æPage 119, line 7, strike out ø$24,015,000¿ and

17 insert: $100,382,000

18 Ω187æPage 119, line 9, strike out ø$102,439,000¿ and

19 insert: $6,044,000

20 Ω188æPage 119, line 14, strike out ø$70,654,000¿ and

21 insert: $237,971,000

22 Ω189æPage 119, line 16, strike out all after

23 ‘‘$31,300,000’’ down to and including ‘‘$24,500,000’’ in

24 line 20
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1 Ω190æPage 119, strike out all after line 20 over to and

2 including line 8 on page 120 and insert:

3 SEC. 8121. Notwithstanding any other provision of

4 law, funds appropriated in this Act for the upgrade, pur5 chase, or modernization of supercomputing capability and

6 capacity under the High Performance Computing Mod7 ernization program shall only be available for contracts,

8 contract modifications, or contract options which are

9 awarded without regard to the architecture or design of the

10 supercomputer system.

11 SEC. 8122. Amounts collected for the use of the facili12 ties of the National Science Center for Communications and

13 Electronics during the current fiscal year pursuant to sec14 tion 1459(g) of the Department of Defense Authorization

15 Act, 1986 and deposited to the special account established

16 under subsection 1459(g)(2) of that Act are appropriated

17 and shall be available until expended for the operation and

18 maintenance of the Center as provided for in subsection

19 1459(g)(2).

20 Ω191æPage 120, strike out all after line 22 over to and

21 including line 12 on page 121 and insert:

22 SEC. 8124. During the current fiscal year, funds re23 ceived from the sale of tanks and infantry fighting vehicles

24 under section 21 of the Arms Export Control Act (22 U.S.C.

25 2761) shall be available for the upgrading of tanks, infantry
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1 fighting vehicles or armored personnel carriers in the man2 ner and to the extent specified by subsections 21(j)(1) and

3 (2) of that Act (22 U.S.C. 2761(j)(1) and (2)).

4 SEC. 8125. Amounts appropriated in this Act which

5 are available for the Small Business Innovation Research

6 Program and the Small Business Technology Transfer Pilot

7 Program portions of the extramural research and develop8 ment budget of the Department of Defense shall be the

9 amounts specifically identified for those programs in the

10 supporting documentation accompanying the Budget sub11 mitted for the Department of Defense, notwithstanding sec12 tions 9(f)(1) and (n)(1) of the Small Business Act (15

13 U.S.C. 638(f)(1) and (n)(1)).

14 Ω192æPage 121, strike out all after line 12 over to and

15 including line 11 on page 123 and insert:

16 SEC. 8126. None of the funds appropriated by this or

17 any other Act with respect to any fiscal year for the Navy

18 may be used to carry out an electromagnetic pulse program

19 in the Chesapeake Bay area in connection with the Electro20 magnetic Pulse Radiation Environment Simulator for

21 Ships (EMPRESS II) program unless or until the Sec22 retary of Defense certifies to the Congress that conduct of

23 the EMPRESS II program is essential to the national secu24 rity of the United States and to achieving requisite military

25 capability for United States naval vessels, and that the eco-
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1 nomic, environmental, and social costs to the United States

2 of conducting the EMPRESS II program in the Chesapeake

3 Bay area are far less than the economic, environmental,

4 and social costs caused by conducting the EMPRESS II

5 program elsewhere.

6 SEC. 8127. Military personnel who separate from a

7 military department under the Voluntary Separation Ini8 tiative (VSI) or the Special Separation Bonus (SSB), and

9 who are eligible for service continuation bonuses such as

10 the reenlistment bonus or aviation continuation pay during

11 the same year in which they separate, will receive separa12 tion payments reduced by an amount equal to the amount

13 of the continuation bonus received by the member in the

14 year in which the member separates: Provided, That any

15 future continuation bonus payments to which the member

16 would otherwise be entitled are rescinded: Provided further,

17 That civilian employees of the Department of Defense are

18 prohibited from receiving voluntary separation payments

19 if such employees are rehired by another agency of the Fed20 eral Government within one hundred and eighty days of

21 separating from the Department of Defense.

22 SEC. 8128. Under the heading ‘‘Research, Develop23 ment, Test and Evaluation, Army’’ in the Department of

24 Defense Appropriations Act, 1993 (Public Law 102–396),

25 delete the final proviso and insert in lieu thereof:
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1 ‘‘: Provided further, That of the funds appro2 priated in this paragraph, $4,000,000 shall be used

3 only for a grant to the Assistive Technology Center at

4 the National Rehabilitation Hospital for laboratory

5 and other efforts associated with research and develop6 ment and other programs of major importance to the

7 Department of Defense’’.

8 SEC. 8129. None of the funds appropriated in this Act

9 may be used to pay for the costs of personnel, operations,

10 procurement of supplies or other items in support of the

11 Marshall Center.

12 Ω193æPage 123, after line 17 insert:

13 SEC. 8131. The appropriations made under the head14 ings ‘‘Operation and Maintenance, Navy’’ and ‘‘Operation

15 and Maintenance, Air Force’’ under chapter III of title XI

16 of the Dire Emergency Supplemental Appropriations Act,

17 1992, including disaster assistance to meet the present

18 emergencies arising from the consequences of Hurricane An19 drew, Typhoon Omar, Hurricane Iniki and other natural

20 disasters, and additional assistance to distressed commu21 nities (Public Law 102–368) are each amended by inserting

22 ‘‘, the August 8, 1993 earthquake in Guam’’ immediately

23 after ‘‘Typhoon Omar’’ and by striking out ‘‘September 30,

24 1993’’ and inserting ‘‘September 30, 1994’’ in lieu thereof.

25 Ω194æPage 123, after line 17 insert:
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1 SEC. 8132. The appropriation, ‘‘Emergency Response

2 Fund, Defense’’ made under the heading ‘‘Emergency Re3 sponse Fund’’ by the Department of Defense Appropriations

4 Act, 1990 (Public Law 101–165) is amended by inserting

5 the following immediately after the third sentence: ‘‘In ad6 dition to the foregoing, upon a determination by the Sec7 retary of Defense that such action is necessary, the Fund

8 may be used, in addition to other funds available to the

9 Department of Defense for such purposes, for expenses of

10 the Department of Defense which are incurred in supplying

11 supplies or services furnished in response to natural or

12 manmade disasters.’’.

13 Ω195æPage 123, after line 17 insert:

14 SEC. 8133. Of the funds appropriated or otherwise

15 made available by this Act not more than $155,000,000

16 shall be available for payment of the operating costs of

17 NATO Headquarters.

18 Ω196æPage 123, after line 17 insert:

19 SEC. 8134. None of the funds appropriated by this Act

20 shall be available for a contract for studies, analyses, or

21 consulting services entered into without competition on the

22 basis of an unsolicited proposal unless the head of the activ23 ity responsible for the procurement determines:
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1 (1) as a result of thorough technical evaluation,

2 only one source is found fully qualified to perform the

3 proposed work, or

4 (2) the purpose of the contract is to explore an

5 unsolicited proposal which offers significant scientific

6 or technological promise, represents the product of

7 original thinking, and was submitted in confidence

8 by one source, or

9 (3) the purpose of the contract is to take advan10 tage of unique and significant industrial accomplish11 ment by a specific concern, or to insure that a new

12 product or idea of a specific concern is given finan13 cial support:

14 Provided, That this limitation shall not apply to contracts

15 in an amount of less than $25,000, contracts related to im16 provements of equipment that is in development or produc17 tion, or contracts as to which a civilian official of the De18 partment of Defense, who has been confirmed by the Senate,

19 determines that the award of such contract is in the interest

20 of the national defense.

21 Ω197æPage 123, after line 17 insert:

22 SEC. 8135. Not later than January 1, 1994, the Sec23 retary of the Navy shall transfer, without reimbursement,

24 to the Secretary of State a tract of land consisting of ap25 proximately 10 acres, together with improvements thereon,
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1 which comprise that portion of the Naval Base, Charleston,

2 South Carolina, bounded by Bainbridge Avenue, Holland

3 Street, and Dyess Avenue and known as buildings 646,

4 646A, 647, 643, 645, and 649, excluding building 644, and

5 all walkways and parking areas associated with such build6 ings: Provided, That the real property transferred pursuant

7 to this section shall be used by the Secretary of State in

8 support of diplomatic and consular operations: Provided

9 further, That the exact acreage and legal description of the

10 property to be transferred under this section shall be deter11 mined by a survey approved by the Secretary of the Navy.

12 Ω198æPage 123, after line 17 insert:

13 SEC. 8136. Notwithstanding any other provision of

14 law, the Secretary of Defense shall pay a death gratuity

15 to each Servicemen’s Group Life Insurance (SGLI) bene16 ficiary of each deceased member of the uniformed services

17 who died after October 28, 1992 and before December 1,

18 1992, and whose death was a death in the performance of

19 duty: Provided, That the amount of the death gratuity pay20 able to each beneficiary under this section shall be equal

21 to the SGLI paid or payable to such beneficiary under Sub22 chapter III of chapter 19 of title 38, United States Code,

23 by reason of the death of such member: Provided further,

24 That no death gratuity shall be paid under this section

25 where the deceased member of the uniformed services affirm-
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1 atively elected, in writing, to decline to apply for increased

2 SGLI coverage under paragraph (e) of section 1922A of title

3 38, United States Code: Provided further, That in the case

4 of a deceased member of the uniformed services who, prior

5 to death, affirmatively elected, in writing, to apply for an

6 increase in SGLI coverage in an amount less than $100,000

7 under paragraph (e) of section 1922A of title 38, U.S.C.,

8 the death gratuity paid under this section shall be equal

9 to the amount of the increase so elected: Provided further,

10 That a death gratuity shall be payable under this section

11 to a SGLI beneficiary upon receipt of a written application

12 therefor by the Secretary of Defense not later than Septem13 ber 30, 1994: Provided further, That, in addition to

14 amounts appropriated elsewhere in this Act, $5,300,000 is

15 appropriated and shall be available only for the settlement

16 of death gratuity claims under this section.

17 Ω199æPage 123, after line 17 insert:

18 (TRANSFER OF FUNDS)

19 SEC. 8137. During the current fiscal year and there20 after, sales of stockpiled material in the National Defense

21 Stockpile Transaction Fund in the Defense Business Oper22 ations Fund may be made in amounts not to exceed

23 $500,000,000 in each fiscal year: Provided, That receipts

24 from such sales as well as available fund balances may be

25 transferred to any appropriation available to the Depart-
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1 ment of Defense to be merged with and to be available for

2 the same purposes and same time period as the appropria3 tion to which transferred, or may be deposited to the mis4 cellaneous receipts of the Treasury: Provided further, That

5 the Secretary of Defense may impose a moratorium on the

6 acquisition of new material for the National Defense Stock7 pile for the purpose of reducing existing excess material in

8 the Stockpile.

9 Ω200æPage 123, after line 17 insert:

10 SEC. 8138. The Assistant Secretary of Defense for

11 Health Affairs shall, during the current fiscal year, initiate

12 a managed health care program for eligible beneficiaries in

13 the area of Homestead Air Force Base: Provided, That this

14 program shall provide benefits and services substantially

15 identical to those established to serve beneficiary popu16 lations in areas where military medical facilities have been

17 terminated, to include retail pharmacy networks available

18 to Medicare-eligible beneficiaries: Provided further, That the

19 Assistant Secretary of Defense for Health Affairs shall

20 present a plan to implement this program to the House and

21 Senate Committees on Appropriations not later than Janu22 ary 15, 1994.

23 Ω201æPage 123, after line 17 insert:
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1 (RESCISSIONS)

2 SEC. 8139. Of the funds provided in Department of

3 Defense Appropriations Acts, the following funds are hereby

4 rescinded from the following accounts in the specified

5 amounts:

6 ‘‘Aircraft Procurement, Army, 1993/1994’’,

7 $42,700,000;

8 ‘‘Wheeled and Tracked Combat Vehicles, Army,

9 1993/1995’’, $4,700,000;

10 ‘‘Procurement of Ammunition, Army, 1992/

11 1994’’, $30,181,000;

12 ‘‘Procurement of Ammunition, Army, 1993/

13 1995’’, $32,580,000;

14 ‘‘Weapons Procurement, Navy, 1992/1994’’,

15 $15,000,000;

16 ‘‘Weapons Procurement, Navy, 1993/1995’’,

17 $47,500,000;

18 ‘‘Other Procurement, Navy, 1993/1995’’,

19 $26,600,000;

20 ‘‘Procurement, Marine Corps, 1992/1994’’,

21 $10,285,000;

22 ‘‘Procurement, Marine Corps, 1993/1995’’,

23 $6,508,000;

24 ‘‘Missile Procurement, Air Force, 1993/1995’’,

25 $57,600,000;
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1 ‘‘Other Procurement, Air Force, 1993/1995’’,

2 $63,206,000;

3 ‘‘Other Procurement, Air Force, 1992/1994’’,

4 $17,276,000;

5 ‘‘Research, Development, Test and Evaluation,

6 Navy, 1993/1994’’, $13,100,000.

7 Ω202æPage 123, after line 17 insert:

8 SEC. 8140. In addition to amounts appropriated else9 where in this Act, $25,000,000 is appropriated for the sub10 sidy of loan guarantees to carry out the program established

11 under section 1052 of S. 1298 as it passed the Senate on

12 September 14, 1993: Provided, That such section is enacted

13 into law.

14 Ω203æPage 123, after line 17 insert:

15 SEC. 8141. The Under Secretary of Defense for Acqui16 sition shall develop a detailed plan and schedule to imple17 ment the transition of the Defense Nuclear Agency and the

18 integration of its militarily essential functions into the

19 military services and Advanced Research Projects Agency:

20 Provided, That none of the funds made available by this

21 Act shall be available to implement changes in current DNA

22 operations until 30 days after the plan and schedule have

23 been approved by the Under Secretary of Defense for Acqui24 sition and submitted to the Congressional defense commit25 tees for review: Provided further, That the Under Secretary
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1 of Defense for Acquisition shall submit the aforementioned

2 transition plan and schedule not later than February 1,

3 1994.

4 Ω204æPage 123, after line 17 insert:

5 SEC. 8142. (a) No funds appropriated under this Act

6 may be obligated or expended for the purpose of establishing

7 the Antler Military Operations Area, Pennsylvania, for the

8 purpose of conducting aerial combat training operations

9 until the date of the submittal to congressional defense com10 mittees of the report referred to in subsection (b).

11 (b)(1)(A) The Secretary of Defense, in consultation

12 with the Administrator of the Environmental Protection

13 Agency and the Administrator of the Federal Aviation Ad14 ministration, shall submit to the congressional defense com15 mittees a report on the effect of low-level aircraft training

16 operations of the Department of Defense on the proposed

17 Antler Military Operations Area, Pennsylvania.

18 (B) The Secretary shall submit the report not later

19 than 6 months after the date of the enactment of this Act.

20 (2) The report under this subsection shall include the

21 following:

22 (A) An assessment of the effect of the training

23 operations referred to in paragraph (1) on—

24 (i) the environment of the areas of, and in

25 the vicinity of, the proposed Antler Military Op-
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1 erations Area, including a detailed assessment of

2 the effects of the noise generated by such oper3 ations on the environment of such areas;

4 (ii) the economy of such areas; and

5 (iii) the health and safety of persons living

6 in and around such areas.

7 (B) A description of the number of aircraft

8 flights per month that the Secretary anticipates will

9 occur in the proposed Antler Military Operations

10 Area.

11 (C) A description of the number and duration of

12 such flights per month that the Secretary anticipates

13 will occur at or below a level that is 500 feet above

14 the highest ground level of the proposed Antler Mili15 tary Operations Area.

16 (c) In this section, the term ‘‘congressional defense

17 committees’’ means the Committees on Armed Services and

18 the Committees on Appropriations of the Senate and House

19 of Representatives.

20 Ω205æPage 123, after line 17 insert:

21 SEC. 8143. Notwithstanding any other provision of

22 law, within 30 days from the enactment of this Act, the

23 Department of the Navy shall select and take possession of

24 either LCU–1540 or LCU–1549 from the General Services

25 Administration: Provided, That the Navy shall modify or
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1 have modified the selected vessel utilizing commercial stand2 ards that meet United States Coast Guard certification re3 quirements as safe to operate in open ocean as a cargo ves4 sel: Provided further, That upon completion of all modifica5 tions and certification by the United States Coast Guard,

6 the Navy shall immediately transfer title of the vessel, at

7 no cost, to the government of American Samoa: Provided

8 further, That of the funds appropriated in this Act in title

9 II, Operation and Maintenance, Navy, $1,500,000 shall be

10 available for this purpose: Provided further, That notwith11 standing any other provision of law, funds available to the

12 Department of Defense shall be made available to provide

13 transportation of medical supplies and equipment, on a

14 nonreimbursable basis, to American Samoa.

15 Ω206æPage 123, after line 17 insert:

16 SEC. 8144. Notwithstanding any other provision of

17 this or any other Act, the total amount obligated or ex18 pended for procurement of the SSN–21 and SSN–22

19 Seawolf attack submarines may not exceed $4,673,371,000.

20 Ω207æPage 123, after line 17 insert:

21 SEC. 8145. (a)(1) The Comptroller General shall carry

22 out a study of the cost-effectiveness to the Navy of the utili23 zation of nuclear-powered aircraft carriers and nuclear24 powered submarines.

25 (2) The study shall include—
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1 (A) a comparison of the life-cycle cost of nuclear2 powered aircraft carriers and nuclear-powered sub3 marines with the life-cycle cost of conventionally-pow4 ered aircraft carriers and conventionally-powered

5 submarines, as the case may be;

6 (B) a comparison of the cost of procuring nu7 clear-powered aircraft carriers with the cost of carry8 ing out the service-life extension or complex overhaul

9 of existing conventionally-powered aircraft carriers;

10 (C) a comparison of the projected cost to the

11 Navy of operating a fleet of aircraft carriers utilizing

12 homeports located at foreign overseas installations

13 with the projected cost of operating such a fleet utiliz14 ing both foreign overseas homeports and homeports lo15 cated in the United States;

16 (D) an assessment of the effect on the projected

17 costs referred to in subparagraph (C) of—

18 (i) the plan, if any, of the Navy for the lo19 cation of a homeport for a nuclear-powered air20 craft carrier in the Western Pacific region in the

21 event of the retirement of all conventionally-pow22 ered aircraft carriers in the fleet; and

23 (ii) restrictions imposed by foreign nations

24 on utilizing installations located in such nations

25 as homeports for nuclear-powered aircraft car-
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1 riers, and on the operation of such carriers in

2 the waters of such nations;

3 (E) an assessment of the number of aircraft car4 riers required by the Navy in order to meet oper5 ational requirements for a continuous presence of air6 craft carriers in three overseas regions simultaneously

7 in the event that foreign nations prohibit the utiliza8 tion of locations in such nations as homeports for nu9 clear-powered aircraft carriers;

10 (F) an assessment of the refueling (including any

11 complex overhaul of the fueling system and nuclear

12 propulsion system) required for the nuclear-powered

13 aircraft carriers of the fleet through 2010, includ14 ing—

15 (i) a schedule for such refueling;

16 (ii) the cost of such refueling; and

17 (iii) the cost of disposing of the waste gen18 erated by such refueling;

19 (G) a detailed description of all programs of the

20 Department of Defense and of the Department of En21 ergy relating to nuclear propulsion systems for naval

22 ships (including surface ships and submarines) that

23 utilize such systems; and

24 (H) a detailed estimate of the costs associated

25 with processing or otherwise disposing of nuclear fuel
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1 and other nuclear material (including nuclear waste)

2 from the existing nuclear-powered fleet of ships (in3 cluding surface ships and submarines) of the Navy.

4 (3) In determining the life-cycle costs associated with

5 nuclear-powered aircraft carriers and nuclear-powered sub6 marines for the purposes of the study under this subsection,

7 the Comptroller General shall take into account the cost of

8 processing or otherwise disposing of nuclear fuel and other

9 nuclear material (including nuclear waste) removed from

10 such aircraft carriers and submarines.

11 (b) The Comptroller General shall submit to the Com12 mittees on Armed Services and the Committees on Appro13 priations of the Senate and House of Representatives a re14 port on a study carried out under subsection (a) not later

15 than 6 months after the date of the enactment of this Act.

16 Ω208æPage 123, after line 17 insert:

17 SEC. 8146. (a) It is the sense of Congress that—

18 (1) the Secretary of Defense should not prohibit

19 any military installation described in subsection (b)

20 from bidding on or performing Department of Defense

21 contracts for overhaul services or for depot-level main22 tenance of material for the Armed Forces that are

23 awarded using competitive procedures;
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1 (2) performance of such a contract by such a

2 military installation should not affect the schedule for

3 closure of the installation;

4 (3) such a contract should not be entered into for

5 the performance of work at such an installation if the

6 time necessary for performance of the contract extends

7 beyond the date established for closure of the installa8 tion or if the performance of the contract at the in9 stallation would otherwise affect the schedule for clo10 sure of the installation; and

11 (4) such a contract awarded to a military instal12 lation should be terminated for default if the contract

13 is not completed on or before the completion date pro14 vided in the contract.

15 (b) A military installation referred to in subsection (a)

16 is a military installation that (1) has been approved for

17 closure subject to the provisions of the Defense Base Closure

18 and Realignment Act of 1990 (part A of title XXIX of Pub19 lic Law 101–510), (2) is in the process of implementing

20 a conversion or reuse strategy for the installation to take

21 effect upon closure, and (3) has received some funds from

22 the Department of Defense for the purpose of implementing

23 the conversion or reuse strategy.

24 Ω209æPage 123, after line 17 insert:
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1 SEC. 8147. It is the sense of the Congress that operators

2 of industrial facilities at military installations closed after

3 the date of the enactment of this Act should be permitted

4 to qualify as offerors for (1) proposed Department of De5 fense contracts for overhaul services for the Armed Forces,

6 and (2) proposed Department of Defense contracts for

7 depot-level maintenance of material for the Armed Forces.

8 Ω210æPage 123, after line 17 insert:

9 SEC. 8148. (a) Notwithstanding any other provision

10 of law, none of the funds appropriated by this Act or any

11 other Act, or otherwise made available, to the Department

12 of Defense may be obligated to carry out a test program

13 for determining the cost effectiveness of transferring to the

14 private sector the mission of operating one or more pre15 paratory schools for the United States Military Academy,

16 the United States Naval Academy, and the United States

17 Air Force Academy.

18 Ω211æPage 123, after line 17 insert:

19 SEC. 8149. It is the sense of the Senate that the Gov20 ernment of the United States and the Government of Saudi

21 Arabia should work diligently and without delay to resolve

22 satisfactorily the outstanding commercial disputes identi23 fied in the Department of Commerce letter; date May 27,

24 1992: Provided, That not later than February 1, 1994, the

25 Secretary of Defense, after consultation with the Secretary
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1 of State and the Secretary of Commerce, shall submit a re2 port to the Congress on the status of the process for the reso3 lution of commercial disputes in Saudi Arabia and the

4 prognosis for any of the disputes which remain unresolved.

5 Ω212æPage 123, after line 17 insert:

6 SEC. 8150. It is the sense of the Senate that—

7 (a) the Secretary of the Air Force consider the

8 comments of the appropriate representatives of the

9 Duck Valley Reservation of the Shoshone-Paiute

10 Tribes in making decisions on use of airspace above

11 such reservation,

12 (b) the interests of the Duck Valley Reservation

13 of the Shoshone-Paiute Tribes receive the appropriate

14 consideration under any pending or future National

15 Environmental Policy Act process involving airspace

16 over Duck Valley Reservation, and

17 (c) to the extent practicable, airspace used for

18 military training flights below 15,000 feet above

19 ground level over the Duck Valley Reservation shall be

20 over uninhabited areas of the Reservation.

21 Ω213æPage 123, after line 17 insert:

22 SEC. 8151. Notwithstanding any other provision of

23 law (including any regulation), with respect to the public

24 sponsor of a primary levee located in the area that was

25 affected by major, widespread flooding in the Midwest dur-
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1 ing 1993 and that was designed for a 5-year flood or a

2 higher level flood, the eligibility of the public sponsor of the

3 levee to receive assistance through the levee rehabilitation

4 assistance program of the Army Corps of Engineers shall

5 not be affected by the status of participation (or lack of

6 participation) of the public sponsor in the program. A pub7 lic sponsor of a levee who becomes eligible to receive assist8 ance under the program pursuant to the preceding sentence

9 may, not later than September 30, 1994, submit an appli10 cation to participate in the program.

11 Ω214æPage 123, after line 17 insert:

12 SEC. 8152. (a) It is the sense of the Congress that, for

13 purposes of section 112 of the Internal Revenue Code of

14 1986, the President should declare that service in Somalia

15 during the period described in subsection (b) should be

16 treated as service in a combat zone.

17 (b) The period referred to in subsection (a) is the pe18 riod beginning on December 10, 1992, and ending on the

19 date on which withdrawal from Somalia of all forces of the

20 Armed Forces of the United States in Somalia has been

21 completed, as declared in a proclamation issued by the

22 President.

23 Ω215æPage 123, after line 17 insert:
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1 SEC. 8153. CONGRESSIONAL HEARINGS ON THE COM2 MITMENT OF UNITED STATES TROOPS IN SOMALIA AND

3 HAITI.—(a) FINDINGS.—

4 (1) Public hearings are essential in ensuring

5 broadbased understanding of and support for United

6 States policies;

7 (2) Since United States troops were committed

8 in Somalia, the original humanitarian mission has

9 been significantly expanded to include nation-build10 ing, as evidenced in United Nations Security Council

11 Resolution 814;

12 (3) Since the commitment of United States

13 troops in Somalia, the Senate of the United States

14 has received only update briefings or has held closed

15 hearings on United States actions there and has held

16 only one public hearing;

17 (4) To date, thirty United States troops have lost

18 their lives since United States troops were committed

19 in Somalia;

20 (5) Since the most recent disaster where eighteen

21 Americans lost their lives, seventy-six were wounded

22 and one was captured, the President has announced

23 his intention to commit several thousand additional

24 United States troops;
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1 (6) Six American warships sit off the coast of

2 Haiti and six hundred Americans wait to be deployed

3 as part of a United Nations peacekeeping force.

4 (b) SENSE OF SENATE.—It is the sense of the Senate

5 that—

6 (1) the appropriate committees of the Senate

7 should hold public hearings at the earliest practicable

8 date with the Secretaries of State and Defense as wit9 nesses on the commitment of United States troops in

10 Somalia and Haiti as members of the United Nations

11 peacekeeping force; and

12 (2) the appropriate committees should promptly

13 hold investigative, public hearings on the October 3,

14 1993 incident in Mogadishu, Somalia in which seven15 teen American soldiers were killed and at least sev16 enty-six were wounded as part of the United Nations

17 peacekeeping operation.

18 Ω216æPage 123, after line 17 insert:

19 SEC. 8154. Notwithstanding any other provision of

20 law, the Secretary of the Navy shall obligate the funds ap21 propriated for fiscal years 1992 and 1993 for the USH–

22 42 Mission Recorder program within the A–6 aircraft pro23 gram: Provided, That the Secretary of the Navy verifies that

24 a mission recorder is required in the future for Navy attack

25 aircraft for peacetime training and bomb damage assess-
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1 ment in combat: Provided further, That the Secretary shall

2 make this verification within sixty days of this Act becom3 ing law: Provided further, That the Secretary shall obligate

4 such funds within sixty days of this verification that a mis5 sion recorder is required in Navy attack aircraft for peace6 time training and bomb damage assessment in combat.

7 Ω217æPage 123, after line 17 insert:

8 SEC. 8155. The Secretary of Defense shall submit to

9 Congress an annual report containing information on the

10 cost to the United States of transporting supplies for the

11 Army, Navy, Air Force, or Marine Corps by sea on United

12 States-flag commercial vessels pursuant to the cargo pref13 erence laws of the United States, including the amount of

14 the cost savings that could have been realized if such sup15 plies had been transported at competitive international

16 shipping rates available from non-cargo preference vessels,

17 the subsidization of foreign-flag vessels, and the impact on

18 the viability of the United States merchant marine if the

19 cargo preference requirements were ended. The annual re20 port shall cover a cargo preference year which shall be a

21 12-month period defined by the Secretary.

22 Ω218æPage 123, after line 17 insert:

23 SEC. 8156. None of the funds appropriated for the De24 partment of Defense for fiscal year 1994 by this Act may

25 be used for making any progress payment under the C–17
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1 aircraft program that is not consistent with the require2 ments of section 2307(d)(1) of title 10, United States Code.

3 Ω219æPage 123, after line 17 insert:

4 SEC. 8157. No provision of this Act or any other Act

5 concerning Department of Defense programs, projects, or

6 activities involving community adjustment assistance, re7 search or development at colleges or universities, strategic

8 environmental research, or environmental restoration may

9 be construed as requiring a contract to be awarded, or as

10 requiring a grant to be made, to a specific non-Federal Gov11 ernment entity for a new program, project, or activity.

12 Ω220æPage 123, after line 17 insert:

13 SEC. 8158. (a) Is is the sense of Congress that none

14 of the funds appropriated or otherwise made available by

15 this Act should be available for the purposes of deploying

16 United States Armed Forces to participate in the imple17 mentation of a peace settlement in Bosnia-Herzegovina, un18 less previously authorized by the Congress.

19 (b) It is the sense of Congress that the limitation set

20 forth in subsection (a) should not preclude missions and

21 operations initiated on or before October 20, 1993, includ22 ing the provision of any humanitarian assistance by the

23 Department of Defense.

24 Ω221æPage 123, after line 17 insert:
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1 SEC. 8159. SENSE OF CONGRESS ON THE USE OF

2 FUNDS FOR UNITED STATES MILITARY OPERATIONS IN

3 HAITI.—(a) STATEMENT OF POLICY.—It is the sense of the

4 Congress that—

5 (1) all parties should honor their obligations

6 under the Governors Island Accord of July 3, 1993

7 and the New York Pact of July 16, 1993;

8 (2) the United States has a national interest in

9 preventing uncontrolled emigration from Haiti; and

10 (3) the United States should remain engaged in

11 Haiti to support national reconciliation and further

12 its interest in preventing uncontrolled emigration.

13 (b) LIMITATION.—It is the sense of Congress that funds

14 appropriated by this Act should not be obligated or ex15 pended for United States military operations in Haiti un16 less—

17 (1) authorized in advance by the Congress; or

18 (2) the temporary deployment of United States

19 Armed Forces into Haiti is necessary in order to pro20 tect or evacuate United States citizens from a situa21 tion of imminent danger and the President reports as

22 soon as practicable to Congress after the initiation of

23 the temporary deployment, but in no case later than

24 forty eight hours after the initiation of the temporary

25 deployment; or
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1 (3) the deployment of United States Armed

2 Forces into Haiti is vital to the national security in3 terests of the United States, including but not limited

4 to the protection of American citizens in Haiti, there

5 is not sufficient time to seek and receive Congres6 sional authorization, and the President reports as

7 soon as practicable to Congress after the initiation of

8 the deployment, but in no case later than forty eight

9 hours after the initiation of the deployment; or

10 (4) the President transmits to the Congress a

11 written report pursuant to subsection (c).

12 (c) REPORT.—It is the sense of Congress that the limi13 tation in subsection (b) should not apply if the President

14 reports in advance to Congress that the intended deploy15 ment of United States Armed Forces into Haiti—

16 (1) is justified by United States national secu17 rity interests;

18 (2) will be undertaken only after necessary steps

19 have been taken to ensure the safety and security of

20 United States Armed Forces, including steps to ensure

21 that United States Armed Forces will not become tar22 gets due to the nature of their rules of engagement;

23 (3) will be undertaken only after an assessment

24 that—
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1 (A) the proposed mission and objectives are

2 most appropriate for the United States Armed

3 Forces rather than civilian personnel or armed

4 forces from other nations, and

5 (B) that the United States Armed Forces

6 proposed for deployment are necessary and suffi7 cient to accomplish the objectives of the proposed

8 mission;

9 (4) will be undertaken only after clear objectives

10 for the deployment are established;

11 (5) will be undertaken only after an exit strategy

12 for ending the deployment has been identified; and

13 (6) will be undertaken only after the financial

14 costs of the deployment are estimated.

15 (d) DEFINITION.—As used in this section, the term

16 ‘‘United States military operations in Haiti’’ means the

17 continued deployment, introduction or reintroduction of

18 United States Armed Forces into the land territory of

19 Haiti, irrespective of whether those Armed Forces are under

20 United States or United Nations command, but does not

21 include activities for the collection of foreign intelligence,

22 activities directly related to the operations of United States

23 diplomatic or other United States Government facilities, or

24 operations to counter emigration from Haiti.

25 Ω222æPage 123, after line 17 insert:
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1 SEC. 8160. Of the funds appropriated for title III of

2 this Act, $50,000,000 shall be made available for obligation

3 until September 30, 1996 for the Department of Defense

4 Pilot Mentor-Protege Program, pursuant to section 831 of

5 the National Defense Authorization Act for fiscal year 1991

6 (Public Law 101–510; 10 U.S.C. 2301 note), as amended:

7 Provided, That funds made available may be used by a

8 military service or a Defense agency to reimburse costs in9 curred by a contractor (or subcontractor) under an ap10 proved contract line item for the provision of mentoring as11 sistance pursuant to an approved Mentor-Protege Program

12 developmental assistance agreement.

13 Ω223æPage 123, after line 17 insert:

14 SEC. 8161. It is the sense of the Congress that the Unit15 ed States Department of Justice should investigate whether

16 any Federal criminal civil rights laws were violated as a

17 result of (1) the murder of Yankel Rosenbaum on August

18 19, 1991, and (2) the circumstances surrounding the mur19 der and accompanying riots in Crown Heights.

20 Ω224æPage 123, after line 17 insert:

21 TITLE IX

22 SEC. 9001. Congress makes the following findings:

23 (1) The Armed Forces of the United States have

24 conducted combat operations under the operational
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1 control of foreign commanders on numerous occasions,

2 including during two World Wars.

3 (2) Regional security organizations, such as the

4 North Atlantic Treaty Organization, are premised on

5 military operations by the forces of a number of na6 tions under an integrated chain of command consist7 ing of officers from member nations.

8 (3) The end of the Cold War has seen a substan9 tial increase in the conduct of international ‘‘peace10 keeping’’ and ‘‘peace enforcement’’ operations pursu11 ant to decisions of the United Nations Security Coun12 cil under Chapters VI and VII of the United Nations

13 Charter.

14 (4) The United Nations has conducted tradi15 tional ‘‘peacekeeping’’ operations successfully over the

16 years, but the number and size of such operations has

17 stretched the Organization’s management and over18 sight capabilities thin.

19 (5) The United Nations has not yet acquired the

20 expertise or infrastructure to enable it to effectively

21 manage ‘‘peace enforcement’’ operations.

22 (6) Any special agreement negotiated by the

23 President with the United Nations Security Council

24 to make units of the United States Armed Forces

25 available on call to the United Nations must be ap-
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1 proved by the Congress pursuant to the United Na2 tions Participation Act, enacted into law in 1945.

3 (7) Any decision by the President to place com4 bat forces of the Armed Forces of the United States

5 under the operational control of foreign commanders,

6 other than pursuant to the North Atlantic Treaty and

7 other arrangements in effect at the time of the enact8 ment of this Act, has significant consequences for such

9 forces, the Congress, and the American people.

10 SEC. 9002. It is the sense of the Congress that—

11 (1) the Armed Forces of the United States must

12 be under the operational control of qualified com13 manders; and must have clear and effective command

14 and control arrangements; appropriate rules of en15 gagement; and clear and unambiguous mission state16 ments;

17 (2) the President should consult with Congress

18 before placing combat forces of the Armed Forces of

19 the United States under the operational control of for20 eign commanders, other than pursuant to the North

21 Atlantic Treaty and other arrangements in effect at

22 the time of the enactment of this Act; and

23 (3) the President should submit a report to Con24 gress within 48 hours after placing combat forces of

25 the Armed Forces of the United States under the oper-
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1 ational control of foreign commanders, other than

2 pursuant to the North Atlantic Treaty and other ar3 rangements in effect at the time of the enactment of

4 this Act, setting forth—

5 (A) the mission of such forces and a clear

6 explanation of the difference, if any, between the

7 mission of such forces and the mission of the

8 forces of other nations participating in the same

9 military operations;

10 (B) in a case in which the operation is con11 ducted under the auspices of the United Nations,

12 an assessment of the United Nations capability

13 to effectively manage the operation;

14 (C) an explanation of the United States in15 terest that would be served by and the justifica16 tion for placing such forces under the operational

17 control of a foreign commander in this instance;

18 (D) the command and control arrangements

19 for the operation of which the forces of the Armed

20 Forces of the United States are a part;

21 (E) the number, type and general descrip22 tion of equipment of such forces;

23 (F) the estimated cost to the United States

24 of the participation of such forces;
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1 (G) the anticipated duration of the partici2 pation of such forces;

3 (H) a general description of the rules of en4 gagement for such forces; and

5 (I) the foreign commander or commanders

6 involved.

7 Ω225æPage 123, after line 17 insert:

8 TITLE X

9 SEC. 10001. CONVEYANCE OF KAHO’OLAWE ISLAND, HAWAII,

10 TO THE STATE OF HAWAII.

11 (a) PURPOSE.—It is timely and in the interest of the

12 United States to recognize and fulfill the commitments

13 made on behalf of the United States to the people of Hawaii

14 and to return to the State of Hawaii the Island of

15 Kaho’olawe. Kaho’olawe Island is among Hawaii’s historic

16 lands and has a long, documented history of cultural and

17 natural significance to the people of Hawaii reflected, in

18 part, in the Island’s inclusion on the National Register of

19 Historic Places and in the longstanding interest in the re20 turn of the Island to State sovereignty, public access and

21 use. Congress finds that control, disposition, use and man22 agement of Kaho’olawe is affected with a Federal interest.

23 It also is in the national interest and an obligation under24 taken by Congress and the United States under this and

25 other Acts, and in furtherance of the purposes of Executive
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1 Order 10436 (1953), to recognize the cultural and humani2 tarian value of assuring meaningful, safe use of the Island

3 for appropriate cultural, historical, archaeological and edu4 cational purposes as determined by the State of Hawaii and

5 to provide for the clearance or removal of unexploded ord6 nance and for the environmental restoration of the Island

7 for such purposes. Congress also finds it is in the national

8 interest and an essential element in the Federal Govern9 ment’s relationship with the State of Hawaii to ensure that

10 the conveyance, clearance or removal of unexploded ord11 nance, environmental restoration, control of access to the

12 Island and future use of the Island be undertaken in a man13 ner consistent with the enhancement of that relationship,

14 the Department of Defense’s military mission and the Fed15 eral interest.

16 (b) MODEL DEMONSTRATION PROJECT.—It is in the

17 national interest that the clearance or removal of

18 unexploded ordnance and the environmental restoration of

19 Kaho’olawe serve as a model demonstration project that in20 corporates the use of innovative technologies and a remedy

21 selection process that will expedite and economize such

22 clearance or removal and environmental restoration while

23 maintaining meaningful participation by affected parties

24 and assuring the protection of human health and the envi25 ronment.
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1 (c) CONVEYANCE.—Subject to section 10001(d) and

2 section 10008(b) of this Act, the United States, through the

3 Secretary of the Navy (also, hereinafter, ‘‘the Secretary’’),

4 shall convey and return, without consideration and without

5 conditions other than those set forth in this title, to the State

6 of Hawaii all right, title and interest of the United States,

7 except that interest set forth in section 10002(a)(4) and sec8 tion 10004 of this Act, in and to that parcel of property

9 consisting of approximately 28,776 acres of land known as

10 Kaho’olawe Island, Hawaii and its surrounding waters.

11 Such conveyance of title shall occur no later than 180 days

12 from the date of enactment of this Act and the appropria13 tion of funds for such purposes described in this title.

14 (d) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the parcel of property to be con16 veyed under section 10001(c) shall be determined by a sur17 vey that is deemed satisfactory by the State of Hawaii in

18 consultation with the Secretary. The cost of the survey shall

19 be borne by the Secretary, making use of funds provided

20 pursuant to this title.

21 SEC. 10002. ORDNANCE CLEARANCE OR REMOVAL ON

22 KAHO’OLAWE ISLAND, HAWAII.

23 (a) ORDNANCE CLEARANCE OR REMOVAL.—(1) Subject

24 to section 10008(b) of this Act, the Secretary of the Navy

25 shall, in compliance with the two-tiered standard of ord-
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1 nance clearance, removal, restoration and safety contained

2 in subsection (a)(2) of this section—

3 (A) detect and clear or remove from Kaho’olawe

4 Island and its adjacent waters, all unexploded ord5 nance, the remains of exploded ordnance, and solid

6 waste associated with such ordnance or with the use

7 of Kaho’olawe Island by the United States for bomb8 ing training, gunnery training, or other munitions

9 training.

10 (2) Kaho’olawe Island shall be restored for use in ac11 cordance with the following requirements:

12 (A) TIER ONE RESTORATION AREA.—The entire

13 Island shall, in a manner consistent with the pur14 poses of this title and with the protection of surface

15 and below surface historical and cultural sites and

16 artifacts, be restored to a condition that is reasonably

17 safe for human access and visitation and in accord18 ance with standard methodologies for such restoration

19 as determined by the Secretary in accordance with

20 the purposes of this title. Subsequent to the transfer

21 to the State of Hawaii of responsibility for the control

22 of access, as provided in section 10006 of this Act, the

23 Navy shall continue to undertake, upon the reasonable

24 request of the State, and at regular intervals, reason25 able and prudent clean-up measures using standard
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1 methodologies. Within such Tier One Restoration

2 Area, and in accordance with sections 10005 and

3 10006 of this Act, approximately 22,600 acres of the

4 approximately 28,776 acres on the Island and sub5 merged land in the surrounding waters to a depth of

6 120 feet shall be subjected to surface clearance only.

7 (B) TIER TWO RESTORATION ENCLAVES.—En8 claves within the Island, as identified in clauses (i),

9 (ii), (iii) and (iv) below and not exceeding approxi10 mately 6,200 acres, shall be restored to a condition

11 that is reasonably safe for the human habitation nec12 essary to accomplish the cultural, historical, archae13 ological and educational purposes of this title, to as14 sure the uses set forth in clauses (i), (ii), (iii) and

15 (iv) below and in accordance with the best available

16 technology and methodology for such restoration:

17 (i)(a) not more than approximately 4,700

18 acres for the purpose of grasslands and related

19 uses; and (b) those locations, including trails,

20 roads and historical, cultural and archaeological

21 enclaves identified by the State under section

22 10002(C), that shall not exceed an additional

23 1,400 acres;
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1 (ii) no more than three specially designated

2 navigational channels to the Island suitable for

3 visitation, including the adjacent shoreline area;

4 (iii)(a) not more than approximately 10

5 acres for reasonably safe, human habitation sites,

6 as defined in subparagraph (B) of this section,

7 that shall include but not be limited to the sites

8 designated as Hanakanaia to Lae Paki, Kuheia/

9 Kaulana, Ahupu, Hakioawa, Pu’u Moaulanui,

10 Seagull Station, Kamohio Station, Halona Sta11 tion, Honokoa, and Kanapou; and (b) approxi12 mately 47 acres of reservoirs designated as Lua

13 Kealialalo, Lua Kealialuna and Lua Makika;

14 and

15 (iv) approximately 5 acres on not more

16 than three locations to be used as heliports.

17 (C) DESCRIPTION OF TIER TWO RESTORATION

18 ENCLAVES.—The precise description for the Tier Two

19 Restoration Enclaves, prepared through standard

20 methodologies, shall be submitted to the Navy by the

21 State of Hawaii within 180 days of the enactment of

22 this Act. Any reasonable enlargement to the size or

23 modification to the location of the Tier Two Restora24 tion Enclaves shall be agreed to by the Secretary of

25 the Navy. Such reasonable enlargement or modifica-
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1 tion shall be determined and undertaken within the

2 time period identified in section 10002(a)(3). The cost

3 of such enlargement or modification shall be borne by

4 the Secretary, making use only of funds provided pur5 suant to this title.

6 (3) The Secretary shall commence the activities de7 scribed in sections 10002(a) (1) and (2) as soon as possible

8 but not later than 180 days after the enactment of this Act

9 and continue such activities in accordance with reasonable

10 expedition until completed. Such activities required in sec11 tion 10002 shall be completed within 10 years of the enact12 ment of this Act and the appropriation of funds for such

13 activities.

14 (4) Notwithstanding any other provision of section

15 10002, the Secretary shall retain the control of access to

16 the Island, in consultation with the State of Hawaii and

17 prior to and following the entering into force of the Memo18 randum of Understanding contained in section 10006 of

19 this Act, until clearance and restoration is completed and

20 control of access is transferred to the State of Hawaii.

21 (5) The Secretary shall carry out the requirements of

22 section 10002 following consultation with the State of Ha23 waii as required by section 10006 of this Act and with the

24 technical and logistical support, as needed, of the United

25 States Army Corps of Engineers and other Federal agencies.
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1 (6) No Federal permit shall be required by the United

2 States, its departments, agencies or instrumentalities for

3 any portion of the removal, restoration and clean-up work

4 pursuant to the Act and conducted entirely on Kaho’olawe

5 Island or in its adjacent waters.

6 (7) Except as provided in section 10004 regarding li7 ability and in section 10003 regarding the completion of

8 activities and in section 10002(a)(2)(A) regarding regular

9 interval clean-ups and new discoveries of previously unde10 tected ordnance, the Secretary’s obligations and responsibil11 ities under this title shall terminate 10 years after the en12 actment of this Act.

13 SEC. 10003. ENVIRONMENTAL REMEDIATION OF

14 KAHO’OLAWE ISLAND, HAWAII AND ADJACENT

15 WATERS.

16 (a) ASSESSMENT OF ADDITIONAL ENVIRONMENTAL

17 CLEAN-UP FOR HAZARDOUS AND OTHER SUBSTANCES.—

18 (1)(A) Not later than 365 days after the date of the enact19 ment of this Act, the Secretary of the Navy shall complete,

20 in cooperation with the State of Hawaii, such studies and

21 appraisals as are necessary to identify the type, quantity,

22 and estimated costs of response, remediation and removal

23 of the hazardous substances other than exploded and

24 unexploded ordnance and other substances, refuse and

25 waste, if any, that are located—
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1 (i) on Kaho’olawe Island; and

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

3 (B) The cost of the studies and appraisals referred to

4 in section 10003(a)(1)(A) shall be borne by the Secretary,

5 making use of funds provided pursuant to this title.

6 (b) REMEDIATION OF HAZARDOUS AND ENVIRON7 MENTAL SUBSTANCES.—(1)(A) In furtherance of the pur8 poses of this title and in recognition of the clearance, re9 moval and environmental remediation obligations imposed

10 by this title, and that the aforementioned activities are con11 sidered a model demonstration project, Kaho’olawe Island

12 is exempt from placement on the National Priorities List.

13 Notwithstanding that conveyance of title to Kaho’olawe Is14 land to the State of Hawaii shall precede clearance or re15 moval and environmental remediation, upon the completion

16 of the studies and appraisals referred to in section

17 10003(a)(1)(A), the Navy shall carry out remediation,

18 clean-up and responses to the hazardous substances and

19 other substances, refuse and waste located on Kaho’olawe

20 Island and in the waters adjacent to Kaho’olawe Island (as

21 identified in such studies and appraisals) that are nec22 essary to protect human health and the environment. The

23 remedies for such clean-up, remediation and responses shall

24 be selected by the Secretary in consultation with the State

25 and in accordance with the purposes of this title and shall
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1 be commenced and completed within the time period identi2 fied in section 10002(a)(3) of this Act for the removal of

3 ordnance. The cost of such clean-up, remediation and re4 sponses shall be borne by the Secretary, making use of funds

5 provided pursuant to this title.

6 (2) In this title, the terms ‘‘response’’, ‘‘removal’’, ‘‘re7 mediation’’ and ‘‘hazardous substance’’ have the meanings

8 given such terms in 42 U.S.C. 9601 (14), (23), (24) and

9 (25).

10 (c) RESPONSIBILITY AND LIABILITY TO CONDUCT RE11 SPONSE, CLEAN-UP AND REMEDIATION ACTIVITIES.—(1)

12 Notwithstanding the duties and obligations set forth in this

13 title and notwithstanding the conveyance required under

14 section 10001, the State of Hawaii shall not be liable and

15 responsible for the conduct of any clean-up and response

16 actions arising from and relating to the use and environ17 mental remediation of Kaho’olawe Island and its adjacent

18 waters by the United States that, through Federal court

19 order, may be held applicable to Kaho’olawe Island.

20 SEC. 10004. INDEMNIFICATION AND THE CONTROL OF AC21 CESS.

22 (a) The Navy shall retain control of the access to the

23 Island during the time period set forth in section

24 10002(a)(3) that it is undertaking unexploded ordnance re-
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1 moval and hazardous materials removal activities required

2 in section 10002 of this Act.

3 (b) During the time period the United States retains

4 control of access to the Island, the United States shall hold

5 harmless, defend and indemnify the State of Hawaii or its

6 political subdivisions from and against all claims, de7 mands, losses, damages, liens, liabilities, injuries, deaths,

8 penalties, fines, lawsuits and other proceedings, judgments,

9 awards and reasonable costs and expenses arising out of,

10 or in any manner predicated upon, the presence, release

11 or threatened release of any munitions, exploded or

12 unexploded ordnance, solid waste associated with such ord13 nance or hazardous substance, pollutant or contaminant re14 sulting from the activities of the Department of Defense, in15 cluding the activities of the Department of the Navy and

16 the Department of the Army and any agent, employee, les17 see, licensee, independent contractor or other person on the

18 property during such time that the property was and re19 mains under the control of the Department of Defense,

20 Navy, Army or other agencies of the United States Govern21 ment.

22 (c) Nothing in this title is intended to alter or affect

23 the Federal or State requirements of law governing liability

24 following the transfer of control of access to the State of

25 Hawaii, except that the United States shall remain liable
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1 for the acts or omissions of its contractors in carrying out

2 the activities required under this title in the same manner

3 as if the United States engaged in the performance of the

4 tasks delegated to its contractors.

5 SEC. 10005. LONG TERM PLANNING AND ENVIRONMENTAL

6 RESTORATION ACTIVITIES OF THE STATE OF

7 HAWAII.

8 (a)(1) Subject to section 10008(b) of this Act, the Sec9 retary is authorized to provide $45,000,000 to the State of

10 Hawaii for the purpose of implementation by the State of

11 (i) long term planning (ii) environmental restoration ac12 tivities and (iii) the terms and conditions set forth in the

13 Memorandum of Understanding required by section 10006

14 of this Act, concerning Kaho’olawe Island and its adjacent

15 waters. Such funds as are provided by the Secretary for

16 the purpose of carrying out this section shall be made avail17 able to the State by the Secretary from funds made avail18 able pursuant to this title and shall be provided to the State

19 of Hawaii following the submission of a plan containing

20 the elements identified in subsection (a)(2) of this section.

21 (2) The State of Hawaii shall use the funds made

22 available pursuant to this section for the purposes of carry23 ing out long term planning and environmental restoration

24 activities, consistent with the purposes of this title, on

25 Kaho’olawe Island, including—
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1 (A) soil conservation and water resource develop2 ment;

3 (B) erosion abatement (including reforestation

4 and revegetation);

5 (C) stabilization, restoration and securing sites

6 of archaeological or historical significance;

7 (D) removal or destruction of non-native plants

8 and animals; and

9 (E) precise identification of those areas subject to

10 clean-up and removal of ordnance described in section

11 10002 of this Act.

12 (3) Funds in addition to those provided pursuant to

13 subsection (a)(1) of this section may be provided to the

14 State of Hawaii upon the submission of an acceptable plan

15 containing the elements identified in subsection (a)(2) of

16 this section and demonstrating, to the satisfaction of the

17 Secretary, that such funds are necessary to the proper ful18 fillment of such elements and the purposes of this title. The

19 Secretary shall have sole discretion to award such addi20 tional funds, however, the award of such funds shall not

21 be unreasonably withheld.
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1 SEC. 10006. COOPERATION OF FEDERAL DEPARTMENTS

2 AND THE STATE OF HAWAII AND TRANSFER

3 OF CONTROL OF ACCESS.

4 (a)(1) Upon the request of the Secretary or the State

5 of Hawaii, and in accordance with existing laws and re6 quirements, any department or agency of the Federal Gov7 ernment may provide assistance to the Secretary or the

8 State of Hawaii, as the case may be, in carrying out their

9 respective duties under this title.

10 (2) Within 180 days following passage of this Act the

11 Secretary shall consult with and enter into a Memorandum

12 of Understanding with the State of Hawaii governing the

13 terms and conditions of (i) access to the Island for those

14 purposes set forth in section 10005 of this Act and any other

15 cultural, archeological, educational and planning purposes

16 provided for in this title, giving due regard to the risk of

17 harm to health and safety involved in providing such access

18 and the need to avoid interference with or disruption of

19 the Navy’s clearance, removal and remediation activities;

20 (ii) the timing, planning and methodology of ordnance

21 clearance or removal and hazardous substance clearance

22 and other waste removal and the protection of historical,

23 cultural and religious sites and artifacts: Provided, That

24 all reasonable effort should be made to avoid harm to such

25 sites and artifacts from the detonation of unexploded ord26 nance, clearance or removal and hazardous substance clear-
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1 ance; (iii) a model clean-up program emphasizing the use

2 of innovative technology, integrative planning and expedi3 tious implementation of remediation; (iv) the means for

4 protecting historical, cultural and religious sites and arti5 facts from intentional destruction, harm and vandalism;

6 and (v) public participation, as appropriate, including the

7 opportunity for public comment and hearing. Under any

8 such terms and conditions, the Secretary shall be assured

9 full and necessary access to carry out the obligations of the

10 Secretary arising out of the responsibilities and liabilities

11 of this title. Such terms and conditions shall remain in ex12 istence until the completion of the restoration and remedi13 ation activities required by section 10002 of this Act and

14 be revised periodically by mutual consent and giving due

15 regard to the importance of access to the Island as the level

16 of clean-up, restoration and remediation moves toward at17 tainment. Nothing in this title is intended to diminish or

18 alter the rights and responsibilities of the Navy to allow

19 access to the Island that existed prior to the enactment of

20 this Act.

21 (3) The United States, through the Secretary of the

22 Navy, shall transfer the control of access to the State of Ha23 waii within no more than 10 years from the date of enact24 ment of this Act or when the activities required by this title,

25 including ordnance clearance or removal activities in sec-
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1 tion 10002 and the environmental remediation activities in

2 section 10003 are completed, whichever comes first.

3 SEC. 10007. KAHO’OLAWE ISLAND CONVEYANCE, REMEDI4 ATION, AND ENVIRONMENTAL RESTORATION

5 TRUST FUND.

6 (a) There is established on the books of the Treasury

7 of the United States a fund to be known as the ‘‘Kaho’olawe

8 Island Conveyance, Remediation, and Environmental Res9 toration Fund’’ (hereinafter in this subsection referred to

10 as the ‘‘Fund’’). The Fund shall be administered by the Sec11 retary of the Treasury. The Fund shall be used for the accu12 mulation of funds in order to pay the obligations incurred

13 by the Secretary of the Navy or the Department of Defense

14 in carrying out the purposes of this title and for properly

15 allocable costs of the Federal Government in the administra16 tion of the Fund.

17 (b) There shall be deposited into the Fund the follow18 ing, which shall constitute the assets of the Fund:

19 (1) Amounts paid into the Fund from any

20 source.

21 (2) Any amount appropriated to the Fund.

22 (3) Any return on investment of the assets of the

23 Fund.
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1 (c) To the extent provided in appropriation Acts, the

2 assets of the Fund shall be available for obligation by the

3 Secretary of the Navy to carry out the purposes of this title.

4 (d) There is authorized to be appropriated into the

5 Fund $400,000,000, which may be appropriated as a lump

6 sum or in annual increments. Of the amounts deposited

7 into the Fund, not less than eleven percent shall be made

8 available to the State of Hawaii to carry out the provisions

9 of section 10005(a)(1) of this Act.

10 (e) Amounts appropriated to the Fund shall remain

11 available until obligated or until the Fund is terminated.

12 (f) Upon payment of all incremental costs associated

13 with the purposes for which the Fund is established, the

14 Fund shall be terminated.

15 SEC. 10008. APPLICABLE LAW AND JUDICIAL REVIEW.

16 (a) Federal Courts shall have jurisdiction only to en17 force the terms, conditions and provisions of this title, re18 garding the activities, duties, and responsibilities in this

19 title occurring on the Island of Kaho’olawe and in its adja20 cent waters. Only such terms, conditions and provisions

21 shall govern judicial review of the conduct of the United

22 States, its departments, agencies and instrumentalities with

23 regard to any actions arising from or related to the convey24 ance of Kaho’olawe Island to the State of Hawaii and the

25 clearance or removal and remediation of unexploded and
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1 exploded ordnance and the remediation of hazardous sub2 stances and other wastes on the Island and its adjacent wa3 ters and for the other obligations, duties and purposes set

4 forth in this title.

5 (b) The provisions of this title shall be carried out not6 withstanding any other provision of law.

7 (c) Any person, as defined in 42 U.S.C. 9601(21), may

8 bring an action against the United States, its departments,

9 agencies and instrumentalities to require compliance with

10 the terms of this title and the obligations of the United

11 States, its departments, agencies and instrumentalities

12 under the Memorandum of Understanding required by sec13 tion 10006 of this Act. Such action shall be commenced no

14 earlier than the 60th day following the date on which the

15 plaintiff gives notice in writing to the Attorney General,

16 the Secretary and other department, agency or instrumen17 tality that the plaintiff will commence such action. Such

18 action shall be brought in the district court for the district

19 in which the alleged violation occurred. In any action under

20 this section, the United States or the State, or both, if not

21 a party may intervene as a matter of right. The United

22 States, its departments, agencies and instrumentalities

23 shall be subject to only such injunctive relief as may be im24 posed by the court to enforce compliance with the terms of

25 this title and the Memorandum of Understanding. Such
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1 compliance shall be enforced giving due regard to the need

2 for expeditious clean-up under the terms and conditions of

3 this title.

4 SEC. 10009. ANNUAL REPORT TO CONGRESS.

5 The Secretary shall submit annually a report, in de6 tail, describing compliance with the provisions of this title.

7 Such report shall include the comments of the State of Ha8 waii and be submitted to the Defense Committees of Con9 gress.

Attest:

Secretary.
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