H. R. 3116—55
‘‘Weapons Procurement, Navy, 1992/1994’’, $15,000,000;
‘‘Weapons Procurement, Navy, 1993/1995’’, $7,500,000;
‘‘Other Procurement, Navy, 1993/1995’’, $26,600,000;
‘‘Procurement, Marine Corps, 1992/1994’’, $8,274,000;
‘‘Procurement, Marine Corps, 1993/1995’’, $6,508,000;
‘‘Missile Procurement, Air Force, 1993/1995’’, $6,000,000;
‘‘Other Procurement, Air Force, 1993/1995’’, $13,706,000;
‘‘Other Procurement, Air Force, 1992/1994’’, $17,276,000;
‘‘Research, Development, Test and Evaluation, Air Force,
1993/1994’’, $51,000,000.
SEC. 8136. Not later than May 1, 1994, the Under Secretary
of Defense for Acquisition shall submit to the Congressional defense
committees the complete results of an independent study of options
for accomplishing the functions now performed by the Defense
Nuclear Agency (DNA): Provided, That of the total amounts avail-
able to the Department of Defense for financing the activities of
defense federally funded research and development centers during
fiscal year 1994, $1,000,000 shall be made available within 30
days after the enactment of this Act for the purposes of the afore-
mentioned study.
SEC. 8137. Notwithstanding any other provision of law, within
30 days from the enactment of this Act, the Department of the
Navy shall select and take possession of either LCU–1540 or LCU–
1549 from the General Services Administration: Provided, That
the Navy shall modify or have modified the selected vessel utilizing
commercial standards that meet United States Coast Guard certifi-
cation requirements as safe to operate in open ocean as a cargo
vessel: Provided further, That upon completion of all modifications
and certification by the United States Coast Guard, the Navy shall
immediately transfer title of the vessel, at no cost, to the govern-
ment of American Samoa: Provided further, That of the funds
appropriated in this Act in title II, Operation and Maintenance,
Navy, $1,500,000 shall be available for this purpose: Provided fur-
ther, That notwithstanding any other provision of law, funds avail-
able to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa.
SEC. 8138. (a) It is the sense of Congress that—
(1) the Secretary of Defense should not prohibit any mili-
tary installation described in subsection (b) from bidding on
or performing Department of Defense contracts for overhaul
services or for depot-level maintenance of material for the
Armed Forces that are awarded using competitive procedures;
(2) performance of such a contract by such a military
installation should not affect the schedule for closure of the
installation;
(3) such a contract should not be entered into for the
performance of work at such an installation if the time nec-
essary for performance of the contract extends beyond the date
established for closure of the installation or if the performance
of the contract at the installation would otherwise affect the
schedule for closure of the installation; and
(4) such a contract awarded to a military installation should
be terminated for default if the contract is not completed on
or before the completion date provided in the contract.
(b) A military installation referred to in subsection (a) is a
military installation that (1) has been approved for closure subject
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H. R. 3116—56
to the provisions of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–510), (2)
is in the process of implementing a conversion or reuse strategy
for the installation to take effect upon closure, and (3) has received
some funds from the Department of Defense for the purpose of
implementing the conversion or reuse strategy.
SEC. 8139. It is the sense of the Congress that operators of
industrial facilities at military installations closed after the date
of the enactment of this Act should be permitted to qualify as
offerors for (1) proposed Department of Defense contracts for over-
haul services for the Armed Forces, and (2) proposed Department
of Defense contracts for depot-level maintenance of material for
the Armed Forces.
SEC. 8140. It is the sense of the Senate that the Government
of the United States and the Government of Saudi Arabia should
work diligently and without delay to resolve satisfactorily the
outstanding commercial disputes identified in the Department of
Commerce letter; date May 27, 1992: Provided, That not later
than February 1, 1994, the Secretary of Defense, after consultation
with the Secretary of State and the Secretary of Commerce, shall
submit a report to the Congress on the status of the process for
the resolution of commercial disputes in Saudi Arabia and the
prognosis for any of the disputes which remain unresolved.
SEC. 8141. It is the sense of the Congress that—
(a) the Secretary of the Air Force consider the comments
of the appropriate representatives of the Duck Valley Reserva-
tion of the Shoshone-Paiute Tribes in making decisions on
use of airspace above such reservation,
(b) the interests of the Duck Valley Reservation of the
Shoshone-Paiute Tribes receive the appropriate consideration
under any pending or future National Environmental Policy
Act process involving airspace over Duck Valley Reservation,
and
(c) to the extent practicable, airspace used for military
training flights below 15,000 feet above ground level over the
Duck Valley Reservation shall be over uninhabited areas of
the Reservation.
SEC. 8142. (a) It is the sense of the Congress that, for purposes
of section 112 of the Internal Revenue Code of 1986, the President
should declare that service in Somalia during the period described
in subsection (b) should be treated as service in a combat zone.
(b) The period referred to in subsection (a) is the period begin-
ning on December 10, 1992, and ending on the date on which
withdrawal from Somalia of all forces of the Armed Forces of
the United States in Somalia has been completed, as declared
in a proclamation issued by the President.
SEC. 8143. Notwithstanding any other provision of law, the
Secretary of the Navy shall obligate the funds appropriated for
fiscal years 1992 and 1993 for the USH–42 Mission Recorder pro-
gram within the A–6 aircraft program: Provided, That the Secretary
of the Navy verifies that the mission recorder is required in the
future for Navy aircraft for peacetime training and bomb damage
assessment in combat: Provided further, That the Secretary shall
make this verification within thirty days of this Act becoming
law: Provided further, That the Secretary shall obligate such funds
within thirty days of this verification that the mission recorder
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H. R. 3116—57
is required in Navy aircraft for peacetime training and bomb dam-
age assessment in combat.
SEC. 8144. The Secretary of Defense shall submit to Congress
a report containing information on the cost to the United States
of transporting supplies for the Army, Navy, Air Force, or Marine
Corps by sea on United States-flag commercial vessels pursuant
to the cargo preference laws of the United States, including the
amount of the cost savings that could have been realized if such
supplies had been transported at competitive international shipping
rates available from non-cargo preference vessels, the subsidization
of foreign-flag vessels, and the impact on the viability of the United
States merchant marine if the cargo preference requirements were
ended. The report shall cover a cargo preference year which shall
be a 12-month period defined by the Secretary.
SEC. 8145. None of the funds appropriated for the Department
of Defense for fiscal year 1994 by this Act may be used for making
any progress payment under the C–17 aircraft program that is
not consistent with the requirements of section 2307(d)(1) of title
10, United States Code.
SEC. 8146. (a) It is the sense of Congress that none of the
funds appropriated or otherwise made available by this Act should
be available for the purposes of deploying United States Armed
Forces to participate in the implementation of a peace settlement
in Bosnia-Herzegovina, unless previously authorized by the Con-
gress.
(b) It is the sense of Congress that the limitation set forth
in subsection (a) should not preclude missions and operations initi-
ated on or before October 20, 1993, including the provision of
any humanitarian assistance by the Department of Defense.
SEC. 8147. SENSE OF CONGRESS ON THE USE OF FUNDS FOR
UNITED STATES MILITARY OPERATIONS IN HAITI.—(a) STATEMENT
OF POLICY.—It is the sense of the Congress that—
(1) all parties should honor their obligations under the
Governors Island Accord of July 3, 1993 and the New York
Pact of July 16, 1993;
(2) the United States has a national interest in preventing
uncontrolled emigration from Haiti; and
(3) the United States should remain engaged in Haiti to
support national reconciliation and further its interest in
preventing uncontrolled emigration.
(b) LIMITATION.—It is the sense of Congress that funds appro-
priated by this Act should not be obligated or expended for United
States military operations in Haiti unless—
(1) authorized in advance by the Congress; or
(2) the temporary deployment of United States Armed
Forces into Haiti is necessary in order to protect or evacuate
United States citizens from a situation of imminent danger
and the President reports as soon as practicable to Congress
after the initiation of the temporary deployment, but in no
case later than forty-eight hours after the initiation of the
temporary deployment; or
(3) the deployment of United States Armed Forces into
Haiti is vital to the national security interests of the United
States, including but not limited to the protection of American
citizens in Haiti, there is not sufficient time to seek and receive
Congressional authorization, and the President reports as soon
as practicable to Congress after the initiation of the deployment,
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H. R. 3116—58
but in no case later than forty-eight hours after the initiation
of the deployment; or
(4) the President transmits to the Congress a written report
pursuant to subsection (c).
(c) REPORT.—It is the sense of Congress that the limitation
in subsection (b) should not apply if the President reports in advance
to Congress that the intended deployment of United States Armed
Forces into Haiti—
(1) is justified by United States national security interests;
(2) will be undertaken only after necessary steps have
been taken to ensure the safety and security of United States
Armed Forces, including steps to ensure that United States
Armed Forces will not become targets due to the nature of
their rules of engagement;
(3) will be undertaken only after an assessment that—
(A) the proposed mission and objectives are most appro-
priate for the United States Armed Forces rather than
civilian personnel or armed forces from other nations, and
(B) that the United States Armed Forces proposed
for deployment are necessary and sufficient to accomplish
the objectives of the proposed mission;
(4) will be undertaken only after clear objectives for the
deployment are established;
(5) will be undertaken only after an exit strategy for ending
the deployment has been identified; and
(6) will be undertaken only after the financial costs of
the deployment are estimated.
(d) DEFINITION.—As used in this section, the term ‘‘United
States military operations in Haiti’’ means the continued deploy-
ment, introduction or reintroduction of United States Armed Forces
into the land territory of Haiti, irrespective of whether those Armed
Forces are under United States or United Nations command, but
does not include activities for the collection of foreign intelligence,
activities directly related to the operations of United States diplo-
matic or other United States Government facilities, or operations
to counter emigration from Haiti.
SEC. 8148. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program devel-
opmental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2301 note), as amended, under the author-
ity of this provision or any other transfer authority contained in
this Act.
SEC. 8149. Funding appropriated under the heading ‘‘Operation
and Maintenance, Defense-Wide’’ for increasing energy and water
efficiency in Federal buildings may be transferred to other appro-
priations or funds of the Department of Defense, to be merged
with and to be available for the same purposes, and for the same
time period, as the appropriation or fund to which transferred.
SEC. 8150. Upon approval by the Secretary of the Navy, clause
(2) of section 7308(c) of title 10, United States Code, shall not
apply with respect to the transfer of the USS Blueback by the
Secretary of the Navy under section 7308(a) of such title.
SEC. 8151. (a) The Congress finds that—
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