H. R. 2401—196
reimbursable basis, any administrative and support services
requested by the Commission.
(c) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property.
(d) TRAVEL.—To the maximum extent practicable, the members
and employees of the Commission shall travel on military aircraft,
military ships, military vehicles, or other military conveyances when
travel is necessary in the performance of a responsibility of the
Commission, except that no such aircraft, ship, vehicle, or other
conveyance may be scheduled primarily for the transportation of
any such member or employee when the cost of commercial
transportation is less expensive.
SEC. 959. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, and per diem allowances
of members and employees of the Commission shall be paid out
of funds available to the Department of Defense for the payment
of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department of Defense.
The other expenses of the Commission shall be paid out of funds
available to the Department of Defense for the payment of similar
expenses incurred by that Department.
SEC. 960. TERMINATION OF THE COMMISSION.
The Commission shall terminate on the last day of the sixteenth
month that begins after the date of its first meeting, but not
earlier than 30 days after the date of the Secretary of Defense’s
submission of comments on the Commission’s report.
TITLE X—ENVIRONMENTAL
PROVISIONS
SEC. 1001. ANNUAL ENVIRONMENTAL REPORTS.
(a) REPORT
ON ENVIRONMENTAL RESTORATION ACTIVITIES.—
Subsection (a) of section 2706 of title 10, United States Code,
is amended to read as follows:
‘‘(a) REPORT ON ENVIRONMENTAL RESTORATION ACTIVITIES.—
(1) The Secretary of Defense shall submit to the Congress each
year, not later than 30 days after the date on which the President
submits to the Congress the budget for a fiscal year, a report
on the progress made by the Secretary in carrying out environ-
mental restoration activities at military installations.
‘‘(2) Each such report shall include, with respect to environ-
mental restoration activities for each military installation, the
following:
‘‘(A) A statement of the number of sites at which a hazard-
ous substance has been identified.
‘‘(B) A statement of the status of response actions proposed
for or initiated at the military installation.
‘‘(C) A statement of the total cost estimated for such
response actions.
‘‘(D) A statement of the amount of funds obligated by
the Secretary for such response actions, and the progress made
in implementing the response actions during the fiscal year
preceding the year in which the report is submitted, including
an explanation of—
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H. R. 2401—197
‘‘(i) any cost overruns for such response actions, if
the amount of funds obligated for those response actions
exceeds the estimated cost for those response actions by
the greater of 15 percent of the estimated cost or
$10,000,000; and
‘‘(ii) any deviation in the schedule (including a mile-
stone schedule specified in an agreement, order, or man-
date) for such response actions of more than 180 days.
‘‘(E) A statement of the amount of funds allocated by the
Secretary for, and the anticipated progress in implementing,
such response actions during the fiscal year in which the report
is submitted.
‘‘(F) A statement of the amount of funds requested for
such response actions for the five fiscal years following the
fiscal year in which the report is submitted, and the anticipated
progress in implementing such response actions for the fiscal
year for which the budget is submitted.
‘‘(G) A statement of the total costs incurred for such
response actions as of the date of the submission of the report.
‘‘(H) A statement of the estimated cost of completing all
environmental restoration activities required with respect to
the military installation, including, where relevant, the esti-
mated cost of such activities in each of the five fiscal years
following the fiscal year in which the report is submitted.
‘‘(I) A statement of the estimated schedule for com-
pleting all environmental restoration activities at the military
installation.
(b) REPORT ON ENVIRONMENTAL COMPLIANCE ACTIVITIES.—Sub-
section (b) of section 2706 of such title is amended to read as
follows:
‘‘(b) REPORT ON ENVIRONMENTAL COMPLIANCE ACTIVITIES.—(1)
The Secretary of Defense shall submit to the Congress each year,
not later than 30 days after the date on which the President
submits to the Congress the budget for a fiscal year, a report
on the progress made by the Secretary in carrying out environ-
mental compliance activities at military installations.
‘‘(2) Each such report shall include the following:
‘‘(A) A statement of the funding levels and full-time person-
nel required for the Department of Defense to comply with
applicable environmental laws during the fiscal year for which
the budget is submitted, setting forth separately the funding
levels and personnel required for the Department of Defense
as a whole and for each military installation.
‘‘(B) A statement of the funding levels and full-time person-
nel requested for such purposes in the budget submitted by
the President at the same time as the report, including—
‘‘(i) an explanation of any differences between the fund-
ing level and personnel requirements and the funding level
and personnel requests in the budget; and
‘‘(ii) a statement setting forth separately the funding
levels and full-time personnel requested for the Department
of Defense as a whole and for each military installation.
‘‘(C) A projection of the funding levels and the number
of full-time personnel that will be required over the five fiscal
years following the fiscal year in which the report is submitted
for the Department of Defense to comply with applicable
environmental laws, setting forth separately such projections
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H. R. 2401—198
for the Department of Defense as a whole and for each military
installation.
‘‘(D) An analysis of the effect that compliance with such
environmental laws may have on the operations and mission
capabilities of the Department of Defense as a whole and of
each military installation.
‘‘(E) A statement of the funding levels requested in the
budget submitted by the President at the same time as the
report for carrying out research, development, testing, and
evaluation for environmental purposes or environmental activi-
ties of the Department of Defense. The statement shall set
forth separately the funding levels requested for the Depart-
ment of Defense as a whole and for each military department
and Defense Agency.
‘‘(F) A description of the number and duties of all current
full-time civilian and military personnel who carry out environ-
mental activities (including research) for the Department of
Defense, including a description of the organizational structure
of such personnel from the Secretary of Defense down to the
military installation level.
‘‘(G) A statement of the funding levels and personnel
required for the Department of Defense to comply with
applicable environmental requirements for military installa-
tions located outside the United States during the fiscal year
for which the budget is submitted.’’.
(c) REPORT ON CONTRACTOR REIMBURSEMENT COSTS.—Section
2706 of such title is amended by adding at the end the following
new subsection:
‘‘(c) REPORT ON CONTRACTOR REIMBURSEMENT COSTS.—(1) The
Secretary of Defense shall submit to the Congress each year, not
later than 30 days after the date on which the President submits
to the Congress the budget for a fiscal year, a report on payments
made by the Secretary to defense contractors for the costs of
environmental response actions.
‘‘(2) Each such report shall include, for the fiscal year preceding
the year in which the report is submitted, the following:
‘‘(A) An estimate of the payments made by the Secretary
to any defense contractor (other than a response action contrac-
tor) for the costs of environmental response actions at facilities
owned or operated by the defense contractor or at which the
defense contractor is liable in whole or in part for the environ-
mental response action.
‘‘(B) A statement of the amount and current status of
any pending requests by any defense contractor (other than
a response action contractor) for payment of the costs of
environmental response actions at facilities owned or operated
by the defense contractor or at which the defense contractor
is liable in whole or in part for the environmental response
action.’’.
(d) DEFINITIONS.—Section 2706 of such title, as amended by
subsection (c), is further amended by adding at the end the following
new subsection:
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘defense contractor’—
‘‘(A) means an entity (other than an entity referred
to in subparagraph (B)) that is one of the top 100 entities
receiving the largest dollar volume of prime contract
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H. R. 2401—199
awards by the Department of Defense during the fiscal
year covered by the report; and
‘‘(B) does not include small business concerns, commer-
cial companies (or segments of commercial companies)
providing commercial items to the Department of Defense.
‘‘(2) The term ‘military installation’ has the meaning given
such term in section 2687(e) of this title, except that such
term does not include a homeport facility for any ship and
includes—
‘‘(A) each facility or site owned by, leased to, or other-
wise possessed by the United States and under the jurisdic-
tion of the Secretary of Defense;
‘‘(B) each facility or site which was under the jurisdic-
tion of the Secretary and owned by, leased to, or otherwise
possessed by the United States at the time of actions
leading to contamination by hazardous substances; and
‘‘(C) each facility or site at which the Secretary is
conducting environmental restoration activities.
‘‘(3) The term ‘response action contractor’ has the meaning
given such term in section 119(e)(2) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9619(e)(2)).’’.
(e) TIME OF SUBMISSION OF CERTAIN REPORTS.—(1) A report
submitted in 1994 under subsection (a) of section 2706 of title
10, United States Code, as amended by subsection (a), and under
subsection (b) of such section, as amended by subsection (b), shall
be submitted not later than March 31, 1994.
(2) A report under subsection (c) of section 2706 of such title,
as added by subsection (c), shall be submitted for fiscal years
beginning with fiscal year 1993. Any such report that is submitted
for fiscal year 1993 or fiscal year 1994 shall be submitted not
later than February 1, 1995.
SEC. 1002. INDEMNIFICATION 
OF 
TRANSFEREES 
OF 
CLOSING
DEFENSE PROPERTY FOR RELEASES OF PETROLEUM AND
PETROLEUM DERIVATIVES.
Section 330 of the National Defense Authorization Act for Fiscal
Year 1993 (10 U.S.C. 2687 note) is amended by striking out ‘‘hazard-
ous substance or pollutant or contaminant’’ in subsections (a) and
(d) and inserting in lieu thereof ‘‘hazardous substance, pollutant
or contaminant, or petroleum or petroleum derivative’’.
SEC. 1003. SHIPBOARD PLASTIC AND SOLID WASTE CONTROL.
(a) COMPLIANCE BY NAVY SHIPS WITH CERTAIN POLLUTION CON-
TROL CONVENTIONS.—Subsection (b)(2)(A) of section 3 of the Act
to Prevent Pollution from Ships (33 U.S.C. 1902) is amended by
striking out ‘‘after 5 years’’ and all that follows and inserting
in lieu thereof ‘‘as follows:
‘‘(i) After December 31, 1993, to all ships referred to in
paragraph (1)(A) of this subsection other than those owned
or operated by the Department of the Navy.
‘‘(ii) Except as provided in subsection (c) of this section,
after December 31, 1998, to all ships referred to in paragraph
(1)(A) of this subsection other than submersibles owned or
operated by the Department of the Navy.
‘‘(iii) Except as provided in subsection (c) of this section,
after December 31, 2008, to all ships referred to in paragraph
(1)(A) of this subsection.’’.
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H. R. 2401—200
(b) SPECIAL AREA DISCHARGES.—Section 3 of such Act is
amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (g), respectively; and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) DISCHARGES IN SPECIAL AREAS.—(1) Not later than Decem-
ber 31, 2000, all surface ships owned or operated by the Department
of the Navy, and not later than December 31, 2008, all submersibles
owned or operated by the Department of the Navy, shall comply
with the special area requirements of Regulation 5 of Annex V
to the Convention.
‘‘(2) Not later than 3 years after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1994,
the Secretary of the Navy shall, in consultation with the Secretary
of State, the Secretary of Commerce, the Secretary of Transpor-
tation, and the Administrator of the Environmental Protection
Agency, submit to the Congress a plan for the compliance by all
ships owned or operated by the Department of the Navy with
the requirements set forth in paragraph (1) of this subsection.
Such plan shall be submitted after opportunity for public participa-
tion in its preparation, and for public review and comment.
‘‘(3) If the Navy plan for compliance demonstrates that compli-
ance with the requirements set forth in paragraph (1) of this sub-
section is not technologically feasible in the case of certain ships
under certain circumstances, the plan shall include information
describing—
‘‘(A) the ships for which full compliance with the require-
ments of paragraph (1) of this subsection is not technologically
feasible;
‘‘(B) the technical and operational impediments to achieving
such compliance;
‘‘(C) a proposed alternative schedule for achieving such
compliance as rapidly as is technologically feasible; and
‘‘(D) such other information as the Secretary of the Navy
considers relevant and appropriate.
‘‘(4) Upon receipt of the compliance plan under paragraph (2)
of this subsection, the Congress may modify the applicability of
paragraph (1) of this subsection, as appropriate.’’.
(c) COMPLIANCE MEASURES.—Section 3 of such Act is amended
by inserting after subsection (d), as redesignated by subsection
(b)(1), the following new subsection:
‘‘(e) COMPLIANCE BY EXCLUDED VESSELS.—(1) The Secretary
of the Navy shall develop and, as appropriate, support the develop-
ment of technologies and practices for solid waste management
aboard ships owned or operated by the Department of the Navy,
including technologies and practices for the reduction of the waste
stream generated aboard such ships, that are necessary to ensure
the compliance of such ships with Annex V to the Convention
on or before the dates referred to in subsections (b)(2)(A) and
(c)(1) of this section.
‘‘(2) Notwithstanding any effective date of the application of
this section to a ship, the provisions of Annex V to the Convention
with respect to the disposal of plastic shall apply to ships equipped
with plastic processors required for the long-term collection and
storage of plastic aboard ships of the Navy upon the installation
of such processors in such ships.
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H. R. 2401—201
‘‘(3) Except when necessary for the purpose of securing the
safety of the ship, the health of the ship’s personnel, or saving
life at sea, it shall be a violation of this Act for a ship referred
to in subsection (b)(1)(A) of this section that is owned or operated
by the Department of the Navy:
‘‘(A) With regard to a submersible, to discharge buoyant
garbage or garbage that contains more than the minimum
amount practicable of plastic.
‘‘(B) With regard to a surface ship, to discharge plastic
contaminated by food during the last 3 days before the ship
enters port.
‘‘(C) With regard to a surface ship, to discharge plastic,
except plastic that is contaminated by food, during the last
20 days before the ship enters port.
‘‘(4) The Secretary of Defense shall publish in the Federal
Register:
‘‘(A) Beginning on October 1, 1994, and each year thereafter
until October 1, 2000, the amount and nature of the discharges
in special areas, not otherwise authorized under Annex V to
the Convention, during the preceding year from ships referred
to in subsection (b)(1)(A) of this section owned or operated
by the Department of the Navy.
‘‘(B) Beginning on October 1, 1996, and each year thereafter
until October 1, 1998, a list of the names of such ships equipped
with plastic processors pursuant to section 1003(e) of the
National Defense Authorization Act for Fiscal Year 1994.’’.
(d) WAIVER AUTHORITY.—Section 3 of such Act, as amended
by subsection (c), is further amended by inserting after subsection
(e) the following new subsection:
‘‘(f) WAIVER AUTHORITY.—The President may waive the effective
dates of the requirements set forth in subsection (c) of this section
and in subsection 1003(e) of the National Defense Authorization
Act for Fiscal Year 1994 if the President determines it to be in
the paramount interest of the United States to do so. Any such
waiver shall be for a period not in excess of one year. The President
shall submit to the Congress each January a report on all waivers
from the requirements of this section granted during the preceding
calendar year, together with the reasons for granting such waivers.’’.
(e) OTHER ACTIONS.—(1) Not later than October 1, 1994, the
Secretary of the Navy shall release a request for proposals for
equipment (hereinafter in this subsection referred to as ‘‘plastics
processor’’) required for the long-term collection and storage of
plastic aboard ships owned or operated by the Navy.
(2) Not later than July 1, 1996, the Secretary shall install
the first production unit of the plastics processor on board a ship
owned or operated by the Navy.
(3) Not later than March 1, 1997, the Secretary shall complete
the installation of plastics processors on board not less than 25
percent of the ships owned or operated by the Navy that require
plastics processors to comply with section 3 of the Act to Prevent
Pollution from Ships, as amended by subsections (a), (b), and (c)
of this section.
(4) Not later than July 1, 1997, the Secretary shall complete
the installation of plastics processors on board not less than 50
percent of the ships owned or operated by the Navy that require
processors to comply with section 3 of such Act, as amended by
subsections (a), (b), and (c) of this section.
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H. R. 2401—202
(5) Not later than July 1, 1998, the Secretary shall complete
the installation of plastics processors on board not less than 75
percent of the ships owned or operated by the Navy that require
processors to comply with section 3 of such Act, as amended by
subsections (a), (b), and (c) of this section.
(6) Not later than December 31, 1998, the Secretary shall
complete the installation of plastics processors on board all ships
owned or operated by the Navy that require processors to comply
with section 3 of such Act, as amended by subsections (a), (b),
and (c) of this section.
(f) DEFINITION.—Section 2(a) of the Act to Prevent Pollution
from Ships (33 U.S.C. 1901(a)) is amended—
(1) by striking out ‘‘and’’ at the end of paragraph (8);
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new para-
graph (9):
‘‘(9) ‘submersible’ means a submarine, or any other vessel
designed to operate under water; and’’.
SEC. 1004. EXTENSION OF APPLICABILITY PERIOD FOR REIMBURSE-
MENT 
FOR 
CERTAIN 
LIABILITIES 
ARISING 
UNDER
HAZARDOUS WASTE CONTRACTS.
Section 2708(b)(1) of title 10, United States Code, is amended
by striking out ‘‘and 1993’’ and inserting in lieu thereof ‘‘through
1996’’.
SEC. 1005. PROHIBITION ON THE PURCHASE OF SURETY BONDS AND
OTHER 
GUARANTIES 
FOR 
THE 
DEPARTMENT 
OF
DEFENSE.
No funds appropriated or otherwise made available to the
Department of Defense for fiscal year 1994 may be obligated or
expended for the purchase of surety bonds or other guaranties
of financial responsibility in order to guarantee the performance
of any direct function of the Department of Defense.
TITLE XI—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 1101. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary
in the national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 1994 between any such authorizations
for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be available
for the same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary of
Defense may transfer under the authority of this section may not
exceed $2,000,000,000.
(b) LIMITATIONS.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
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H. R. 2401—203
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE
TO CONGRESS.—The Secretary of Defense shall
promptly notify Congress of transfers made under the authority
of this section.
SEC. 1102. CLARIFICATION OF SCOPE OF AUTHORIZATIONS.
No funds are authorized to be appropriated under this Act
for the Department of Justice.
SEC. 1103. INCORPORATION OF CLASSIFIED ANNEX.
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex pre-
pared by the committee of conference to accompany the bill H.R.
2401 of the One Hundred Third Congress and transmitted to the
President is hereby incorporated into this Act.
(b) CONSTRUCTION WITH OTHER PROVISIONS
OF ACT.—The
amounts specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of this
Act.
(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursu-
ant to an authorization contained in this Act that are made avail-
able for a program, project, or activity referred to in the Classified
Annex may only be expended for that program, project, or activity
in accordance with such terms, conditions, limitations, restrictions,
and requirements as are set out for that program, project, or activity
in the Classified Annex.
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall
provide for appropriate distribution of the Classified Annex, or
of appropriate portions of the annex, within the executive branch
of the Government.
SEC. 1104. REVISION OF DATE FOR SUBMITTAL OF JOINT REPORT ON
SCORING OF BUDGET OUTLAYS.
Section 226(a) of title 10, United States Code, is amended—
(1) by striking out ‘‘Not later than’’ and all that follows
through ‘‘section 1105 of title 31’’, and inserting in lieu thereof
‘‘Not later than December 15 of each year’’; and
(2) in paragraph (1), by striking out ‘‘that budget’’ and
inserting in lieu thereof ‘‘the budget to be submitted to Congress
in the following year pursuant to section 1105 of title 31’’.
SEC. 1105. COMPTROLLER GENERAL AUDITS OF ACCEPTANCE BY
DEPARTMENT OF DEFENSE OF PROPERTY, SERVICES,
AND CONTRIBUTIONS.
(a) PROPERTY
AND SERVICES FROM FOREIGN COUNTRIES
IN
CONNECTION WITH CERTAIN AGREEMENTS.—Subsection (d) of section
2350g of title 10, United States Code, is amended to read as
follows:
‘‘(d) PERIODIC AUDITS BY GAO.—The Comptroller General of
the United States shall make periodic audits of money and property
accepted under this section, at such intervals as the Comptroller
General determines to be warranted. The Comptroller General shall
submit to Congress a report on the results of each such audit.’’.
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H. R. 2401—204
(b) DEFENSE COOPERATION ACCOUNT.—(1) Subsection (i) of sec-
tion 2608 of such title is amended to read as follows:
‘‘(i) PERIODIC AUDITS BY GAO.—The Comptroller General of
the United States shall make periodic audits of money and property
accepted under this section, at such intervals as the Comptroller
General determines to be warranted. The Comptroller General shall
submit to Congress a report on the results of each such audit.’’.
(2) The heading of such section is amended to read as follows:
‘‘§ 2608. Acceptance of contributions for defense programs,
projects, and activities; Defense Cooperation
Account’’.
(3) The item relating to such section in the table of sections
at the beginning of chapter 155 of such title is amended to read
as follows:
‘‘2608. Acceptance of contributions for defense programs, projects, and activities;
Defense Cooperation Account.’’.
SEC. 1106. LIMITATION ON TRANSFERRING DEFENSE FUNDS TO
OTHER DEPARTMENTS AND AGENCIES.
(a) IN GENERAL.—(1) Chapter 131 of title 10, United States
Code, is amended by inserting after section 2214 the following
new section:
‘‘§ 2215. Transfer of funds to other departments and agen-
cies: limitation
‘‘Funds available for military functions of the Department of
Defense may not be made available to any other department or
agency of the Federal Government pursuant to a provision of law
enacted after November 29, 1989, unless, not less than 30 days
before such funds are made available to such other department
or agency, the Secretary of Defense submits to the Committees
on Armed Services and the Committees on Appropriations of the
Senate and House of Representatives a certification that making
those funds available to such other department or agency is in
the national security interest of the United States.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2214
the following new item:
‘‘2215. Transfer of funds to other departments and agencies: limitation.’’.
(b) CONFORMING REPEAL.—Section 1604 of Public Law 101–
189 (103 Stat. 1598) is repealed.
SEC. 1107. SENSE OF CONGRESS CONCERNING DEFENSE BUDGET
PROCESS.
It is the sense of Congress that any future-years defense plan
prepared after the date of the enactment of this Act—
(1) should be based on an objective assessment of United
States national security requirements and include funding
proposals at a level capable of protecting and promoting the
Nation’s interests; and
(2) should be based on financial integrity and accountability
to ensure a fully funded defense program necessary to maintain
a ready and capable force.
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