[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 4650 Engrossed Amendment Senate (EAS)] 103d CONGRESS 2d Session H. R. 4650 _______________________________________________________________________ AMENDMENTS In the Senate of the United States, August 11, 1994. Resolved, That the bill from the House of Representatives (H.R. 4650) entitled ``An Act making appropriations for the Department of Defense for the fiscal year ending September 30, 1995, and for other purposes'', do pass with the following AMENDMENTS: (1)Page 2, line 15, strike out [$20,737,470,000.] and insert: $20,629,770,000. Section 1. Visas for Officials of Taiwan.--Section 4(b)(6) of the Taiwan Relations Act (22 U.S.C. 3302(b)(6)) is amended-- (1) by inserting ``(A)'' immediately after ``(6)''; and (2) by adding at the end the following: ``(B) Whenever the president of Taiwan or any other high- level official of Taiwan shall apply for a temporary visa to visit the United States for the purposes of: ``(i) Discussions with United States Federal or State Government officials concerning trade or business with Taiwan or the reduction of the United States- Taiwan trade deficit; ``(ii) Discussions with United States Federal or State Government officials concerning nuclear proliferation; ``(iii) Discussions with United States Federal officials concerning United States national security or the national security of Taiwan; or ``(iv) Discussions with United States Federal or State Government officials concerning the proviion of humanitarian relief and assistance for regional disasters; The official shall be admitted to the United States, unless the official is otherwise excludable under the immigration laws of the United States.''. SEC. 2. LIMITATION ON THE USE OF FUNDS FOR THE SANDINISTA POPULAR ARMY AND SECURITY FORCES OF NICARAGUA. None of the funds appropriated under this Act may be obligated or expended for the armed forces or security forces of Nicaragua, and none of the funds appropriated by this Act may be obligated or expended to pay the salaries of United States military personnel to provide assistance for the armed forces or security forces of Nicaragua, until the President determines and certifies to the Congress that-- (1) Nicaraguan military officers implicated for committing human rights violations, including those involved in the murders of Enrique Bermudez, Arges Sequeira, and Jean Paul Genie, have been removed or suspended from the military and judicial proceedings have commenced; (2) officers of the Nicaraguan armed forces or security forces are not involved in the illicit trafficking of military equipment, including those seized by Colombian authorities on the San Andres Islands on July 24, 1994; (3) civilian control over the military and security forces, including control over the budget and expenditures of such forces, has been clearly established; and (4) there has been a full and independent investigation conducted relating to issues raised by the May 23, 1993 discovery of the Santa Rosa arms cache of the existence of a terrorist/kidnapping ring and any individuals identified by the investigation as being part of such ring are being prosecuted. (2)Page 3, line 3, strike out [$17,692,537,000] and insert: $17,638,483,000 (3)Page 3, line 15, strike out [$5,816,671,000] and insert: $5,806,471,000 (4)Page 4, line 3, strike out [$17,311,379,000] and insert: $17,031,179,000 (5)Page 4, line 17, strike out [$2,183,620,000] and insert: $2,178,620,000 (6)Page 5, line 5, strike out [$1,398,609,000] and insert: $1,418,723,000 (7)Page 5, line 19, strike out [$354,048,000] and insert: $351,098,000 (8)Page 6, line 8, strike out [$782,434,000] and insert: $774,834,000 (9)Page 6, line 22, strike out [$3,378,705,000] and insert: $3,371,605,000 (10)Page 7, line 10, strike out [$1,238,029,000] and insert: $1,244,729,000 (11)Page 7, line 22, strike out [$17,836,504,000] and insert: $17,475,806,000 (12)Page 7, line 22, strike out all after ``$17,836,504,000'' down to and including ``1996'' in line 24 (13)Page 8, line 1, strike out all after ``Fund'' down to and including ``law'' in line 9 and insert: : Provided, That of the funds appropriated under this heading, not less than $5,000,000 shall be made available only for payment to the DOD 50th Anniversary of World War II Commemoration Appropriation (14)Page 8, line 19, strike out [$21,316,555,000] and insert: $21,275,770,000 (15)Page 8, line 19, strike out all after ``$21,316,555,000'' down to and including ``1996'' in line 21 (16)Page 8, line 23, strike out all after ``Fund'' over to and including ``law'' in line 2 on page 9 and insert: : Provided, That of the funds appropriated under this heading, not less than $2,436,700,000 shall be made available for depot maintenance, repair and overhaul of United States Navy ships prior to September 30, 1995 (17)Page 9, line 2, after ``law'' insert: : Provided further, That of the funds appropriated under this heading, not less than $39,674,000 shall be made available only for the Pacific Missile Range Facility, Hawaii (18)Page 9, line 2, after ``law'' insert: : Provided further, That of the funds appropriated under this heading, not less than $1,000,000 shall be made available only for environmental hazard response and remediation activities at facilities owned by the Department of the Navy at the Derecktor Shipyard, Newport, Rhode Island (19)Page 9, line 6, strike out [$2,097,395,000] and insert: $1,968,965,000 (20)Page 9, line 6, strike out all after ``$2,097,395,000'' down to and including ``law'' in line 11 (21)Page 9, line 21, strike out [$18,913,050,000] and insert: $18,786,243,000 (22)Page 9, line 21, strike out all after ``$18,913,050,000'' down to and including ``1996'' in line 23 (23)Page 9, line 25, strike out all after ``Fund'' over to and including ``law'' in line 2 on page 10 (24)Page 10, line 2, after ``law'' insert: : Provided, That, of the amount appropriated under this paragraph, not less than $8,000,000 shall be available only for the upgrading of the Air Force's Core Automated Maintenance System/Reliability and Maintainability Information System (CAMS/REMIS) (25)Page 10, after line 3 insert: (including transfer of funds) (26)Page 10, line 7, strike out [$8,945,266,000] and insert: $9,986,654,000 and, in addition, $100,000,000 shall be derived by transfer from the National Defense Stockpile Transaction Fund (27)Page 10, line 14, after ``purposes'' insert: : Provided, That of the funds appropriated under this heading, $20,000,000 shall be made available only for the repair and maintenance of federally owned education facilities located on military installations (28)Page 10, line 22, strike out [$1,240,109,000] and insert: $1,253,709,000 (29)Page 10, line 22, after ``$1,240,109,000'' insert: : Provided further, That the Undersecretary of Defense for Policy, shall, not later than October 15, 1994, transmit, in unclassified and classified forms, the Rand Corporation Study, published on or about December 1993, on The United States Role in Possible Middle East Peace Settlements to the congressional defense, intelligence and foreign affairs committees (30)Page 11, line 5, strike out [$834,119,000] and insert: $827,819,000 (31)Page 11, line 5, strike out all after ``$834,119,000'' down to and including ``law'' in line 7 (32)Page 11, line 16, strike out [$83,542,000] and insert: $80,562,000 (33)Page 11, line 16, strike out all after ``$83,542,000'' down to and including ``law'' in line 18 (34)Page 12, line 1, strike out [$1,486,805,000] and insert: $1,455,872,000 (35)Page 12, line 1, strike out all after ``$1,486,805,000'' down to and including ``law'' in line 4 (36)Page 12, line 21, strike out [$2,498,868,000] and insert: $2,442,135,000 (37)Page 12, line 21, strike out all after ``$2,498,868,000'' over to and including ``law'' in line 2 on page 13 (38)Page 13, line 22, strike out [$2,797,978,000] and insert: $2,780,178,000 (39)Page 13, line 23, strike out [$1,500,000] and insert: $9,200,000 (40)Page 14, line 1, after ``Group'' insert: , the 146th Airlift Wing, and the South Carolina Air National Guard 169th Fighter Group unit (41)Page 14, line 1, strike out all after ``Group'' down to and including ``law'' in line 3 (42)Page 15, line 5, strike out [$1,880,200,000] and insert: $2,034,075,000 (43)Page 15, strike out all after line 21 over to and including line 9 on page 16 and insert: Summer Olympics For logistical support and personnel services (other than pay and non-travel-related allowances of members of the Armed Forces of the United States, except for members of the reserve components thereof called or ordered to active duty to provide support for the 1996 Games of the XXVI Olympiad to be held in Atlanta, Georgia) provided by any component of the Department of Defense to the 1996 Games of the XXVI Olympiad; $10,000,000. 1995 Special Olympics World Games For logistical support and personnel services (other than pay and non-travel-related allowances of members of the Armed Forces of the United States, except for members of the reserve components thereof called or ordered to active duty to provide support for the 1995 Special Olympics World Games to be held in New Haven, Connecticut) provided by any component of the Department of Defense to the 1995 Special Olympics World Games; $3,000,000. (44)Page 16, line 17, strike out [$60,000,000] and insert: $71,900,000 (45)Page 16, line 18, strike out [$12,000,000] and insert: $10,000,000 (46)Page 16, after line 20 insert: Former Soviet Union Threat Reduction For assistance to the republics of the former Soviet Union, including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical and other weapons; for providing incentives for demilitarization; for establishing programs to prevent the proliferation of weapons, weapons components, and weapons-related technology and expertise; for expansion of military-to-military contacts; for supporting the conversion of military technologies and capabilities into civilian activities; and for retraining military personnel of the former Soviet Union; $400,000,000 to remain available until expended: Provided, That of the funds appropriated under this heading, $10,000,000 shall be made available only for the continuing study, assessment, and identification of nuclear waste disposal by the former Soviet Union in the Arctic and North Pacific regions. (47)Page 16, after line 20 insert: Real Property Maintenance, Defense (including transfer of funds) For the maintenance of real property of the Department of Defense, in addition to amounts provided for this purpose under other headings of this title of this Act, $500,000,000 to remain available for obligation until July 1, 1995: Provided, That such funds shall be available only for repairing property which has been defined by the Department of Defense as part of a backlog of maintenance and repair projects in the justification material accompanying the President's budget request for fiscal year 1995: Provided further, That such funds shall be allocated by the Comptroller, Department of Defense for the projects determined by the military components as the highest priority for repair. (48)Page 17, line 11, strike out [$1,264,198,000] and insert: $1,062,581,000 (49)Page 17, line 12, after ``1997'' insert: : Provided, That the Secretary of the Army will report to the House and Senate Committees on Appropriations the doctrine, organization and mission statement for the High Capacity Air Ambulance concept not later than May 15, 1995 (50)Page 18, line 1, strike out [$728,095,000] and insert: $707,895,000 (51)Page 18, line 2, strike out all after ``1997'' down to and including ``law'' in line 4 (52)Page 18, line 19, strike out [$1,001,873,000] and insert: $1,129,514,000 (53)Page 18, line 20, strike out all after ``1997'' down to and including ``law'' in line 22 (54)Page 19, line 11, strike out [$1,274,644,000] and insert: $877,761,000 (55)Page 19, line 17, strike out all after ``gram'' down to and including ``law'' in line 19 (56)Page 19, line 19, after ``law'' insert: : Provided further, That notwithstanding any other provision of law, of the amounts appropriated for the ARMS program in ``Procurement of Ammunition, Army, 1993/1995'', up to $2,500,000 shall be made available to the William Langer Plant for capital investment, operations, and such other expenditures as may be necessary to maintain the Plant as a going concern while it is being excessed under the provisions of the Federal Property and Administrative Services Act (57)Page 20, line 9, strike out [$2,348,806,000] and insert: $2,646,048,000 (58)Page 20, line 22, strike out [$4,820,442,000] and insert: $4,531,789,000 (59)Page 20, line 23, strike out all after ``1997'' down to and including ``law'' in line 25 (60)Page 21, line 12, strike out [$1,969,336,000] and insert: $1,858,200,000 (61)Page 21, line 13, strike out all after ``1997'' down to and including ``law'' in line 15 and insert: : Provided, That, in addition to the foregoing purposes, funds appropriated under this heading shall be available to liquidate deficiencies in appropriations provided under this heading in prior Department of Defense appropriations Acts without regard to any provision of law limiting or restricting amounts which may be charged to currently available appropriations with respect to funds provided in prior appropriations Acts (62)Page 22, line 5, strike out all after ``purposes;'' down to and including ``$493,810,000'' in line 8 and insert: $432,815,000 (63)Page 22, line 9, strike out all after ``1997'' down to and including ``law'' in line 11 (64)Page 23, line 1, strike out [$2,446,958,000] and insert: $2,284,925,000 (65)Page 23, after line 1 insert: CVN Refuelings, $38,328,000; (66)Page 23, line 2, strike out [$2,607,690,000] and insert: $2,660,690,000 (67)Page 23, line 4, after ``$50,000,000'' insert: : Provided, That such funds shall not be obligated or expended until such time that there are sufficient funds made available for the LHD ship program to execute an existing contract option or any extension thereto for LHD-7: Provided further, That such funds shall not be transferred, reprogrammed, or used for any purpose other than the LHD ship program: Provided further, That such funds shall remain available for obligation until expended: Provided further, That the Secretary of the Navy shall extend this existing contract option for the LHD-7 ship for not less than one year and shall negotiate any change in option price made necessary by such extension (68)Page 23, strike out lines 5 to 8 (69)Page 23, line 9, strike out [conversions,] (70)Page 23, line 10, strike out [$357,521,000] and insert: $349,031,000 (71)Page 23, after line 10 insert: For escalation, $146,000,000; (72)Page 23, line 11, strike out [$5,471,369,000] and insert: $5,528,974,000 (73)Page 24, line 16, strike out [$3,271,088,000] and insert: $3,309,698,000 (74)Page 24, line 17, strike out all after ``1997'' down to and including ``law'' in line 19 (75)Page 24, line 19, after ``law'' insert: : Provided, That of the funds appropriated in this paragraph, up to $10,500,000 may be used for the procurement of command, control, communications, and computer equipment for a Joint Training, Analysis and Simulation Center for the United States Atlantic Command (76)Page 24, line 19, after ``law'' insert: : Provided, That of the funds appropriated under this heading, not less than $30,100,000 shall be made available only for the Pacific Missile Range Facility, Hawaii (77)Page 25, line 7, strike out [$452,178,000] and insert: $403,410,000 (78)Page 25, line 8, strike out all after ``1997'' down to and including ``law'' in line 11 (79)Page 26, line 1, strike out [$6,182,199,000] and insert: $6,571,524,000 (80)Page 26, line 2, strike out all after ``1997'' down to and including ``law'' in line 12 (81)Page 27, line 1, strike out [$2,758,285,000] and insert: $3,620,055,000 (82)Page 27, line 16, strike out [$278,681,000] and insert: $283,173,000 (83)Page 27, line 17, strike out all after ``1997'' down to and including ``law'' in line 19 (84)Page 28, line 8, strike out [$6,886,613,000] and insert: $6,897,696,000 (85)Page 28, line 9, strike out all after ``1997'' down to and including ``law'' in line 12 (86)Page 29, line 1, strike out [$3,020,616,000] and insert: $1,894,916,000 (87)Page 29, line 2, strike out all after ``1997'' down to and including ``law'' in line 5 (88)Page 29, line 5, after ``law'' insert: : Provided, That of the amount appropriated in this paragraph, $7,000,000 shall be made available only for the procurement of the Common Automatic Recovery System for the Pioneer Unmanned Aerial Vehicle System (89)Page 29, line 10, strike out [$796,200,000] and insert: $952,000,000 (90)Page 29, line 11, strike out all after ``1997'' down to and including ``law'' in line 13 (91)Page 29, line 23, strike out [$5,456,498,000] and insert: $5,304,329,000 (92)Page 29, line 24, strike out all after ``1996'' over to and including ``law'' in line 2 on page 30 (93)Page 30, line 9, strike out [$8,598,958,000] and insert: $8,790,331,000 (94)Page 30, line 10, strike out all after ``1996'' over to and including ``ship'' in line 25 on page 31 (95)Page 31, line 25, after ``ship'' insert: : Provided further, That of the amount of funds appropriated under this paragraph to be allocated to the aircraft technology program element, $5,000,000 of this amount may only be obligated for the completion of Phase I of the Vectored Thrust Combat Agility Demonstrator (96)Page 32, line 7, strike out [$10,728,533,000] and insert: $12,151,011,000 (97)Page 32, line 8, strike out all after ``1996'' down to and including ``(NCMS)'' in line 16 and insert: : Provided, That of the funds appropriated in this paragraph, not less than $13,000,000 of the funds in the Advanced Weapons program element shall be made available only to continue the establishment and operation of an image information processing center supporting the Air Force Maui Space Surveillance Site (MSSS) (98)Page 32, line 16, after ``(NCMS)'' insert: : Provided further, That of the funds appropriated in this paragraph, $2,800,000 shall be made available only for the F-111 Squadrons program element (99)Page 32, after line 18 insert: (including transfer of funds) (100)Page 33, line 1, strike out [$9,419,955,000] and insert: $8,922,649,000 (101)Page 33, line 2, strike out all after ``1996'' down to and including ``vehicle'' in line 11 and insert: : Provided, That $27,400,000 shall be available for transfer to the Small Business Administration to cover the costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued pursuant to subsection (b)(3) of such section (102)Page 33, line 11, after ``vehicle'' insert: : Provided further, That, of the funds made available under this heading, $5,600,000 shall be made available for the Integrated Product and Process Development Program (103)Page 33, line 11, after ``vehicle'' insert: : Provided further, That of the funds appropriated in this paragraph, not less than $2,000,000 shall be made available for International Cooperative projects to be funded under the Counterterror Technical Support program element (104)Page 33, line 18, strike out [$251,495,000] and insert: $224,353,000 (105)Page 34, line 9, strike out [$1,090,438,000] and insert: $789,400,000 (106)Page 34, strike out line 11 (107)Page 34, line 13, strike out [$858,600,000] and insert: $828,600,000 (108)Page 34, line 14, strike out all after ``expended'' over to and including ``law'' in line 12 on page 35 and insert: : Provided, That not to exceed $43,000,000 may be used for the purchase or construction of vessels for the Ready Reserve Force component of the National Defense Reserve Fleet, as established by section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744) (109)Page 35, line 12, after ``law'' insert: : Provided further, That the Secretary of Defense shall provide a recommendation for additional funding from the Department of Defense to finance shipbuilding loan guarantees under title XI of the Merchant Marine Act of 1936 (46 App. U.S.C. 1271) (110)Page 35, line 18, strike out [$9,895,159,000] and insert: $9,808,239,000 (111)Page 35, line 19, strike out [$9,577,770,000] and insert: $9,499,350,000 (112)Page 35, line 20, strike out [$317,389,000] and insert: $308,889,000 (113)Page 36, line 7, strike out all after ``Mexico'' down to and including ``law'' in line 10 and insert: : Provided further, That of the funds appropriated under this heading, $5,000,000 shall be made available only for nursing research: Provided further, That of the funds appropriated under this heading, $14,500,000 shall be made available for obtaining emergency communications services for members of the Armed Forces and their families from the American National Red Cross as authorized by law: Provided further, That until the end of September 30, 1995, the Secretary of the Air Force shall, through contract or otherwise, continue to provide primary health care in the base hospital at Plattsburgh Air Force Base, New York, to persons entitled to health care in facilities of the uniformed services (114)Page 36, line 19, strike out [$562,949,000] and insert: $590,149,000 (115)Page 36, line 20, strike out [$345,784,000] and insert: $363,584,000 (116)Page 36, line 21, strike out [$196,465,000] and insert: $215,265,000 (117)Page 36, line 22, strike out [$20,700,000] and insert: $11,300,000 (118)Page 37, line 10, strike out [$713,053,000] and insert: $700,100,000, of which $10,000,000 is hereby transferred to the ``Military Construction, Navy'' appropriation for construction of a Relocatable Over-the-Horizon Radar in Puerto Rico (119)Page 37, line 20, strike out [$142,098,000] and insert: $140,872,000 (120)Page 37, line 21, strike out [$141,098,000] and insert: $139,872,000 (121)Page 38, strike out lines 4 to 24 (122)Page 39, strike out all including line 1 over to and including line 2 on page 40 (123)Page 40, strike out line 4 and insert: RELATED AGENCIES (124)Page 40, after line 11 and insert: National Security Education Trust Fund For the purposes of title VIII of Public Law 102-183, $8,500,000 to be derived from the National Security Education Trust Fund, to remain available until expended. (125)Page 40, line 14, strike out [$83,084,000] and insert: $105,084,000 (126)Page 40, after line 18 insert: Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund For payment to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, as authorized by law, $50,000,000 to remain available until expended. (127)Page 46, line 16, after ``procurement'' insert: Funds appropriated in title III of this Act may be used for multiyear procurement contracts as follows: MK19-3 grenade machine guns; M16A2 rifles; M249 squad automatic weapons; and M4 carbine rifles for the Army. (128)Page 47, strike out lines 18 to 25 and insert: Sec. 8012. Notwithstanding any other provision of law, a qualified Indian Tribal corporation or Alaska Native Corporation furnishing the product of a responsible small business concern shall not be denied the opportunity to compete for and be awarded a procurement contract pursuant to section 2323 of title 10, United States Code, solely because the Indian Tribal corporation or Alaska Native Corporation is not the actual manufacturer or processor of the product to be supplied under the contract. (129)Page 48, strike out lines 1 to 18 and insert: Sec. 8013. Notwithstanding any other provision of law, none of the funds made available by this Act shall be used by the Department of Defense to exceed, outside the fifty United States, its territories, and the District of Columbia, 125,000 civilian workyears: Provided, That workyears shall be applied as defined in the Federal Personnel Manual: Provided further, That workyears expended in dependent student hiring programs for disadvantaged youths shall not be included in this workyear limitation. (130)Page 49, line 18, strike out [and hereafter] (131)Page 52, strike out all after line 16 over to and including line 22 on page 53 and insert: Sec. 8021. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protege Program developmental 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 authority of this provision or any other transfer authority contained in this Act. (132)Page 54, line 4, after ``forces`` insert: : Provided, That none of the funds appropriated or made available in this Act may be used to inactivate, disestablish, or discontinue the Navy's Craft of Opportunity Program (133)Page 54, line 5, strike out all after ``8023.'' down to and including ``none'' in line 10 and insert: None (134)Page 55, strike out all after line 23 over to and including line 9 on page 58 and insert: Sec. 8025. Of the funds made available by this Act in title III, Procurement, $8,000,000, drawn pro rata from each appropriations account in title III, shall be available for incentive payments authorized by section 504 of the Indian Financing Act of 1974, 25 U.S.C. 1544. These payments shall be available only to contractors which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d), and according to regulations which shall be promulgated by the Secretary of Defense within 90 days of the passage of this Act. (135)Page 58, strike out after line 9 over to and including line 8 on page 59 and insert: Sec. 8026. During the current fiscal year, none of the funds available to the Department of Defense may be used to procure or acquire (1) defensive handguns or defensive handgun ammunition unless such handguns or handgun ammunition are the M9 9mm Department of Defense standard handgun or ammunition for such handguns, or (2) offensive handguns and ammunition except for the Special Operations Forces: Provided, That the foregoing shall not apply to handguns for marksmanship competitions. (136)Page 61, strike out all after line 16 over to and including line 2 on page 62 and insert: Sec. 8030. Notwithstanding any other provision of law, none of the funds appropriated in this Act may be used to purchase, install, replace, or otherwise repair any lock on a safe or security container which protects information critical to national security or any other classified materials and which has not been certified as passing the security lock specifications contained in regulation FF-L-2740 dated October 12, 1989, and has not passed all testing criteria and procedures established through February 28, 1992: Provided, That the Director of Central Intelligence may waive this provision, on a case- by-case basis only, upon certification that the above cited locks are not adequate for the protection of sensitive intelligence information. (137)Page 62, strike out all after line 8 over to and including line 2 on page 64 and insert: Sec. 8032. Notwithstanding any other provision of law, funds available to the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to American Samoa: Provided, That notwithstanding any other provision of law, funds available to the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to the Indian Health Service when it is in conjunction with a civil-military project. (138)Page 67, strike out lines 12 to 24 and insert: Sec. 8041. Notwithstanding any other provision of law, each contract awarded by the Department of Defense in fiscal year 1995 for construction or service performed in whole or in part in a State which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in such State that is not contiguous with another State, individuals who are residents of such State and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills: Provided, That the Secretary of Defense may waive the requirements of this section in the interest of national security. (139)Page 70, line 4, strike out [$24,565,000] and insert: $19,917,000 (140)Page 70, line 5, strike out [$13,105,000] and insert: $10,410,000 (141)Page 71, strike out lines 16 to 23 and insert: Sec. 8050. None of the funds available to the Department of Defense during fiscal year 1995 may be obligated for low rate initial production of the ALR-67(V)3 Advanced Special Receiver (ASR) until 30 days after the congressional defense committees have received the following: (1) A certification by the Director, Operational Test and Evaluation, Defense, that, based on the results of the joint Developmental Test/Operational Test flight tests and of the Operational Assessment intended to address the readiness of the ASR for low rate initial production, ASR is potentially operationally effective and potentially operationally suitable and ready to enter low rate initial production; (2) A comprehensive report by the Commander, Navy Operational Test and Evaluation Force as to the test objectives and results of the joint Developmental Test/Operational Test flight tests and of the Operational Assessment intended to address the readiness of the ASR for low rate initial production; (3) A comprehensive report by the Assistant Secretary of the Navy (Research, Development and Acquisition) as to the test objectives and results of the Developmental Flight Tests and Technical Evaluation, along with her certification that, based on these results, the ASR is ready to enter low rate initial production. (142)Page 72, line 5, strike out [and hereafter] (143)Page 73, strike out all after line 12 over to and including line 12 on page 74 and insert: Sec. 8054. (a) Funds appropriated in this Act to finance activities of Department of Defense (DOD) Federally Funded Research and Development Centers (FFRDCs) may not be obligated or expended for a FFRDC if a member of its Board of Directors or Trustees simultaneously serves on the Board of Directors or Trustees of a profit-making company under contract to the Department of Defense unless the FFRDC has a DOD approved conflict of interest policy for its members. (b) None of the funds appropriated in this Act are available to establish a new FFRDC, either as a new entity, or as a separate entity administered by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities. (c) The Secretary of Defense may not obligate more than one-half of the funds available for each defense FFRDC, and more than one-half of the total amount available for defense FFRDCs, until the Congressional defense committees receive a copy of the revised and updated DOD master plan for FFRDCs: Provided, That the master plan submitted in compliance with this subsection shall contain annual funding and manpower ceilings for each defense FFRDC and each subcomponent of a defense FFRDC identified as separate sub-entity due to the significantly unique nature of its functions. (d) Limitation on Compensation.--No employee or executive officer of a defense FFRDC may be compensated at a rate exceeding Executive Schedule Level I by that FFRDC: Provided, That the restriction contained in this subsection shall not take effect until July 1, 1995. (e) Limitation on Compensation.--No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC may be compensated for his or her services as a member of such entity except under the same conditions, and to the same extent, as members of the Defense Science Board: Provided, That a member of any such entity shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties: Provided further, That the restriction contained in this subsection shall not take effect until July 1, 1995. (f) Elimination of Fee.--None of the funds available to the Department of Defense from any source during fiscal year 1995 may be obligated to pay any fee to a defense FFRDC. (g) None of the funds available to the Department of Defense from any source during fiscal year 1995 may be used by a defense FFRDC for any purpose which otherwise is not reimbursable under federal or Department of Defense acquisition regulations: Provided, That the restriction contained in this subsection shall also apply to cost sharing for projects funded by government grants, absorption of contract overruns, and costs necessary to pay the costs of doing business in advance of reimbursement. (h) Notwithstanding any other provision of law, of the amounts available to the Department of Defense during fiscal year 1995, not more than $1,300,000,000 may be obligated for financing activities of FFRDCs: Provided, That the total amount appropriated in title IV of this Act is hereby reduced by $52,650,000 to reflect the funding ceiling contained in this subsection. (i) The total amount appropriated to or for the use of the Department of Defense in title IV of this Act is reduced by an additional $62,634,000 to reflect savings from the decreased use of non-FFRDC consulting services by the Department of Defense. (j) The total amount appropriated to or for the use of the Department of Defense in title IV of this Act is reduced by an additional $19,055,000 to reflect savings from the decreased use of major non-profit federally-funded research institutions and university- affiliated research centers by the Department of Defense. (144)Page 74, strike out all after line 12 over to and including line 8 on page 75 and insert: Sec. 8055. None of the unobligated balances available in the National Defense Stockpile Transaction Fund during the current fiscal year may be obligated or expended to finance any grant or contract to conduct research, development, test and evaluation activities for the development or production of advanced materials, unless amounts for such purposes are specifically appropriated in a subsequent appropriations Act. (145)Page 76, strike out all after line 3 over to and including line 9 on page 77 and insert: Sec. 8058. None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered. (146)Page 81, lines 7 and 8, strike out [and thereafter] (147)Page 81, strike out all after line 23 over to and including line 8 on page 82 and insert: Sec. 8064. Notwithstanding any other provision of law, any statutorily-required analysis of the impact on the defense technology and industrial base of terminations and significant reductions of major research and development programs and procurement programs of the Department of Defense shall address only those actions recommended by the Defense Department in its annual budget request and amendments thereto, supplemental requests, or proposed rescissions. (148)Page 83, line 22, strike out [$329,000,000] and insert: $296,000,000 (149)Page 83, line 22, strike out [$300,000,000] and insert: $270,000,000 (150)Page 85, lines 4 and 5, strike out [and thereafter] (151)Page 85, strike out lines 10 to 14 and insert: Sec. 8074. Of the funds appropriated or otherwise made available by this Act, not more than $119,200,000 shall be available for payment of the operating costs of NATO Headquarters. (152)Page 85, strike out all after line 14 over to and including line 2 on page 86 and insert: Sec. 8075. None of the funds available to the Department of the Air Force shall be available to establish or support any organic depot maintenance support activity for the B-2 bomber until the Under Secretary of Defense, Acquisition and Technology reviews the existing infrastructure for the private sector and Air Force Depot support and maintenance of the B-2 and reports to the Congressional Defense Committees the most efficient and cost effective utilization of public and private facilities to support the B-2. (153)Page 86, lines 8 and 9, strike out [and thereafter] (154)Page 87, line 23, strike out [country] and insert: United States (155)Page 88, strike out lines 9 to 25 and insert: Sec. 8081. In addition to amounts appropriated or otherwise made available by this Act, $97,000,000 is hereby appropriated and shall be available for liquidating deficiencies in the amounts specified in the appropriations ``National Guard Personnel, Army, 1992'', $10,000,000; ``National Guard Personnel, Army, 1993'', $75,000,000; and ``Reserve Personnel, Army, 1993'', $12,000,000. (156)Page 90, strike out lines 4 to 8 and insert: Sec. 8086. None of the funds appropriated by this Act may be used to pay health care providers under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for services determined under the CHAMPUS Peer Review Organization (PRO) Program to be not medically or psychologically necessary. The Secretary of Defense may by regulation adopt any quality and utilization review requirements and procedures in effect for the Peer Review Organization Program under title XVIII of the Social Security Act (Medicare) that the Secretary determines necessary, and may adapt the Medicare requirements and procedures to the circumstances of the CHAMPUS PRO Program as the Secretary determines appropriate. (157)Page 91, strike out lines 11 to 19 and insert: Sec. 8090. Notwithstanding any other provision of law, funds appropriated in this Act for the upgrade, purchase, or modernization of supercomputing capability and capacity under the High Performance Computing Modernization program shall only be available for contracts, contract modifications, or contract options which are awarded as the result of open competition based upon the requirements of the users without regard to the architecture or design of the supercomputer system. (158)Page 92, strike out lines 17 to 25 and insert: Sec. 8093. None of the funds appropriated in this Act may be used to fill the commander's position at any military medical facility with a health care professional unless the prospective candidate can demonstrate professional administrative skills. (159)Page 93, strike out lines 1 to 17 and insert: Sec. 8094. Of the funds appropriated to the Department of Defense (DOD) for Operation and Maintenance, Defense-Wide, not less than $8,000,000 shall be made available until expended to the Administration for Native Americans within 90 days of enactment of this Act: Provided, That such funds shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation, on Indian lands resulting from Department of Defense activities: Provided further, That the Department of Defense shall provide to the Committees on Appropriations of the Senate and House of Representatives by September 30, 1995, a summary report of all environmental damage that has occurred on Indian land as a result of DOD activities, to include, to the extent feasible, a list of all documents and records known to the Department that describe the activity or action causing or relating to such environmental damage. (160)Page 94, line 4, after ``Code'' insert: : Provided, That notwithstanding any other provision of law, funds appropriated for the Advanced Research Projects Agency defense reinvestment program element under the heading ``Research, Development, Test and Evaluation, Defense-Wide'' shall not be obligated until the Secretary of Defense has ensured that the Assistant Secretaries for Research, Development, and Acquisition of the separate Military Departments are full members of the Defense Technology Conversion Council and are fully integrated into the process of selecting dual-use technology focus areas for such programs and evaluating proposals for such projects: Provided further, That notwithstanding any other provision of law, of the funds appropriated for defense reinvestment programs under the heading ``Research, Development, Test and Evaluation, Defense-Wide'', $150,000,000 may only be obligated for projects selected as a result of a competition held by the Advanced Research Projects Agency in focus areas selected exclusively by the Assistant Secretaries for Research, Development, and Acquisition of the separate Military Departments: Provided further, That in addition to the restriction contained in the preceding provisos, the competition in focus areas shall be conducted in accordance with other unaffected statutory provisions of the Defense Conversion, Reinvestment, and Transition Assistance Amendments of 1993 (161)Page 94, strike out lines 5 to 9 and insert: Sec. 8097. (a) Not later than April 1, 1995, the Secretary of Defense shall submit to the Congressional defense committees a management plan for the major university-affiliated research centers which support the Department of Defense. (b) The master plan required by the preceding subsection shall-- (1) establish annual funding and manpower ceilings for each institution, and a total annual funding and manpower ceiling; (2) describe in detail what specific actions are being taken to increase management of these institutions by the Office of the Secretary of Defense, and to reduce future annual funding; and (3) explain the contracting arrangement with each institution, including an evaluation of whether contracts for future efforts should be competitively awarded. (c) For the purposes of this section, the term ``major'' shall apply to institutions which receive more than $2,000,000 annually from the Department of Defense. (162)Page 95, strike out lines 10 to 17 and insert: (transfer of funds) Sec. 8099. Upon enactment of this Act, the Secretary of Defense shall make the following transfers of funds: Provided, That the amounts transferred shall be available for the same purposes as the appropriations to which transferred, and for the same time period as the appropriation from which transferred: Provided further, That the amounts shall be transferred between the following appropriations in the amounts specified: From: Under the heading, ``Shipbuilding and Conversion, Navy, 1986/1990'': CG-47 cruiser program, $6,000,000; LSD-41 landing ship dock program, $1,700,000; T-AGOS ocean surveillance ship program, $5,000,000; For craft, outfitting, post delivery, and cost growth, $2,438,000; To: Under the heading, ``Shipbuilding and Conversion, Navy, 1986/90'': SSN-688 attack submarine program, $11,719,000; MSH coastal mine hunter program, $3,419,000; From: Under the heading, ``Shipbuilding and Conversion, Navy, 1987/1991'': TRIDENT ballistic missile submarine program, $650,000; DDG-51 destroyer program, $633,000; CG-47 cruiser program, $283,000; T-AO fleet oiler program, $2,800,000; AO conversion program, $400,000; For craft, outfitting, and post delivery, $5,900,000; Under the heading, ``Shipbuilding and Conversion, Navy, 1988/1992'': CG-47 cruiser program, $5,145,000; Weapons Procurement, Navy, 1993/1995, $18,069,000; To: Under the heading, ``Shipbuilding and Conversion, Navy, 1987/1991'': SSN-688 attack submarine program, $18,496,000; AOE fast combat support ship program, $15,384,000; From: Under the heading, ``Shipbuilding and Conversion, Navy, 1988/1992'': CG-47 cruiser program, $11,993,000; LSD-41 cargo variant ship program, $4,773,000; LHD-1 amphibious assault ship program, $7,028,000; AO conversion program, $1,900,000; To: Under the heading, ``Shipbuilding and Conversion, Navy, 1988/1992'': TRIDENT ballistic missile submarine program, $6,035,000; SSN-688 attack submarine program, $19,659,000; From: Under the heading, ``Shipbuilding and Conversion, Navy, 1989/1993'': LHD-1 amphibious assault ship program, $3,400,000; T-AO fleet oiler program, $3,488,000; T-AGOS surveillance ship program, $3,197,000; AO conversion program, $1,300,000; Weapons Procurement, Navy, 1993/1995, $178,000; Other Procurement, Navy, 1993/1995, $22,400,000; Research, Development, Test and Evaluation, Navy, 1994/1995, $41,700,000; To: Under the heading, ``Shipbuilding and Conversion, Navy, 1989/1993'': SSN-688 attack submarine program, $18,939,000; SSN-21 attack submarine program, $37,123,000; MHC coastal mine hunter program, $1,700,000; AOE combat support ship program, $17,901,000; From: Under the heading, ``Shipbuilding and Conversion, Navy, 1990/1994'': TRIDENT ballistic submarine program, $2,400,000; Aircraft carrier service life extension program, $346,000; MCM mine countermeasures program, $657,000; Oceanographic ship program, $3,964,000; LCAC landing craft air cushion program, $1,188,000; Aircraft Procurement, Navy, 1993/1995, $6,000,000; Weapons Procurement, Navy, 1993/1995, $6,753,000; Other Procurement, Navy, 1994/1996, $1,297,000; To: Under the heading, ``Shipbuilding and Conversion, Navy, 1990/1994'': SSN-688 attack submarine program, $9,046,000; MHC coastal mine hunter program, $3,575,000; AOE combat support ship program, $9,984,000; From: Under the heading, ``Shipbuilding and Conversion, Navy, 1991/1995'': TRIDENT ballistic missile submarine program, $39,500,000; DDG-51 destroyer program, $8,200,000; LSD-41 dock landing ship cargo variant ship program, $22,427,000; Aircraft Procurement, Navy, 1994/1996, $17,000,000; Other Procurement, Navy, 1994/1996, $666,000; Procurement, Marine Corps, 1993/1995, $6,600,000; To: Under the heading, ``Shipbuilding and Conversion, Navy, 1991/1995'': SSN-21 attack submarine program, $48,240,000; LHD-1 amphibious assault ship program, $43,600,000; MHC coastal mine hunter program, $2,553,000; From: Under the heading, ``Shipbuilding and Conversion, Navy, 1992/1996'': For craft, outfitting, post delivery, and DBOF transfer, $5,183,000; Other Procurement, Navy, 1994/1996, $29,261,000; To: Under the heading, ``Shipbuilding and Conversion, Navy, 1992/1996'': DDG-51 destroyer program, $22,958,000; MHC coastal mine hunter program, $11,486,000; From: Weapons Procurement Navy, 1993/1995, $30,000,000; Other Procurement, Navy, 1994/1996, $38,438,000; To: Under the heading, ``Shipbuilding and Conversion, Navy, 1993/1997'': DDG-51 destroyer program, $26,894,000; LSD-41 cargo variant ship program, $5,663,000; MHC coastal mine hunter program, $7,615,000; AOE combat support ship program, $28,266,000; From: Under the heading, ``Shipbuilding and Conversion, Navy, 1994/1998'': For craft, outfitting, post delivery, and first destination transportation, $5,000,000; Weapons Procurement, Navy, 1994/1996, $14,000,000; Other Procurement, Navy, 1994/1996, $435,000; To: Under the heading, ``Shipbuilding and Conversion, Navy, 1994/1998'': LHD-1 amphibious assault ship program, $15,131,000; Oceanographic ship program, $4,304,000. (163)Page 95, strike out all after line 23 over to and including line 6 on page 96 and insert: Sec. 8101. None of the funds provided in this Act may be obligated to initiate a program, or project, or award a new contract to modify or upgrade the B-1, B-2, or B-52 aircraft until the Secretary of Defense has submitted a cost and operational effectiveness analysis for Air Force bomber programs to the Committees on Appropriations and Armed Services of the Senate and House of Representatives: Provided, That this section shall not apply to safety of flight modifications. (164)Page 96, strike out all after line 12 over to and including line 18 on page 98 and insert: Sec. 8103. None of the funds available to the Department of Defense during fiscal year 1995 may be obligated or expended to reimburse States which are parties to the Treaty on the Elimination of Intermediate-Range and Shorter-Range Missiles concluded on December 8, 1987, and the Treaty on the Reduction and Limitation of Strategic Offensive Arms, concluded July 31, 1991, for costs allocated to such States by either of those treaties where such costs are incurred in support of inspections conducted by the United States: Provided, That the limitation in this section shall not apply if the Senate of the United States gives its advice and consent to the ratification of an amendment to those treaties which changes the financial obligations of the parties to those treaties with respect to inspection costs. (165)Page 98, strike out all after line 18 over to and including line 10 on page 99 and insert: Sec. 8104. The Secretary of Defense shall ensure that all applicable DOD regulations and component command, installation, or agency policies and procedures governing temporary duty travel on official military business to the States of Hawaii and Alaska require no higher levels of approval or stricter controls than travel within the continental United States. (166)Page 99, strike out lines 11 to 16 and insert: Sec. 8105. None of the funds available to the Department of Defense may be used to support the relocation of P-3 aircraft squadrons or other aircraft or units from the Naval Air Station at Barbers Point, Hawaii unless such relocation was specifically stated in the 1993 Report to the President of the Defense Base Closure and Realignment Commission. (167)Page 99, strike out all after line 16 over to and including line 9 on page 100 and insert: Sec. 8106. In the case of members who separate from active duty or full-time National Guard duty in a military department pursuant to a Special Separation Benefits program (10 U.S.C. Sec. 1174a) or a Voluntary Separation Incentive program (10 U.S.C. Sec. 1175) at any time after the enactment of this Act, the separation payments paid such members who are also paid any bonus provided for in chapter 5, title 37, United States Code, during the same years in which they separate shall be reduced (but in no event to an amount less than zero) by an amount equal to any such bonus: Provided, That any future bonus payments to which such members would otherwise be entitled are rescinded: Provided further, That this measure will not apply to members who separate during the last year of a bonus paid pursuant to chapter 5, title 37, United States Code: Provided further, That civilian employees of the Department of Defense are prohibited from receiving voluntary separation payments if such employees are rehired by any agency of the Federal Government within one hundred and eighty days of separating from the Department of Defense: Provided further, That members who separate from active duty or full-time National Guard duty in a military department at any time after the enactment of this Act, are prohibited from receiving Special Separation Benefits program (10 U.S.C. Sec. 1174a) or Voluntary Separation Incentive program (10 U.S.C. Sec. 1175) payments if rehired by the Department of Defense within one hundred and eighty days of separating from active duty or full-time National Guard Duty. (168)Page 100, strike out all after line 9 over to and including line 11 on page 101 and insert: (transfer of funds) Sec. 8107. Within amounts appropriated in this Act, $5,000,000 shall be made available for pay and allowances for the Office of the Assistant Secretary of Defense for Reserve Affairs to be available only for support of Civil-Military Cooperation program operations, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code: Provided, That the funds made available by this paragraph shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further, That the transfer authority provided in this paragraph is in addition to any transfer authority contained elsewhere in this Act. (169)Page 101, strike out lines 12 to 20 and insert: Sec. 8108. Notwithstanding any other provision of law, for resident classes entering the war colleges after September 30, 1996, the Department of Defense shall require that not less than 20 percent of the total of United States military students at each war college shall be from military departments other than the hosting military department: Provided, That each military department will recognize the attendance at a sister military department war college as the equivalent of attendance at its own war college for promotion and advancement of personnel. (170)Page 101, strike out all after line 20 over to and including line 2 on page 102 and insert: Sec. 8109. None of the funds provided in this Act may be expended for the refurbishment of M61/20 mm Gatling Gun assets for domestic or foreign military sales unless the Department of the Air Force competes this work among qualified depots and commercial contractors. (171)Page 102, strike out lines 3 to 15 and insert: Sec. 8110. None of the funds provided in this Act may be obligated or expended for the sale of zinc in the National Defense Stockpile if zinc commodity prices decline more than five percent below the London Metals Exchange market price reported on the date of enactment of this Act. (172)Page 102, strike out all after line 15 over to and including line 7 on page 103 and insert: Sec. 8111. Notwithstanding any other provision of law, the Secretary of the Navy shall reimburse the Muckleshoot Indian Tribe of Auburn, Washington, for costs that have been validated as having been expended in the development and submission of a base reuse plan for Puget Sound Naval Air Station: Provided, That the Muckleshoot Indian Tribe cost reimbursement claims shall be submitted to and validated by the General Counsel of the Department of Defense prior to reimbursement by the Secretary of the Navy: Provided further, That in no case shall total reimbursements for these costs exceed $600,000. The Secretary may not pay the Muckleshoot Indian Tribe the reimbursement otherwise required by the preceding sentence unless the Tribe waives in writing all claims that the Tribe may have against the United States or any agency or official of the United States (in the official capacity of that official), against the State of Washington or any agency or official of the State of Washington (in the official capacity of that official), and against the City of Seattle, Washington, or any agency or official of the City of Seattle, Washington (in the official capacity of that official), regarding the disposal of the Puget Sound Naval Air Station. (173)Page 103, strike out all after line 14 over to and including line 4 on page 104 and insert: Sec. 8113. Prohibition on Use of Funds for Certain Activities at Cameron Station, Virginia. (a) Prohibition.--None of the funds appropriated in this Act or otherwise made available to the Department of Defense may be obligated or expended by the Secretary of Defense for the execution pursuant to subsection (f) of section 501 of the Stewart B. McKinney Homeless Assistance Act of (42 U.S.C. 11411) of a lease, permit, or deed of conveyance for use to assist the homeless of any property described in subsection (b) until the Secretary of Health and Human Services, appropriate representatives of the City of Alexandria, Virginia, and representatives of the homeless whose applications for use of such property to assist the homeless have been approved by the Secretary of Health and Human Services under subsection (e)(3) of such section jointly determine that such use is reasonable under the redevelopment plan for Cameron Station, Virginia. (b) Covered Property.--Subsection (a) applies to the public buildings and real property located at Cameron Station, Virginia, which installation was approved for closure pursuant to the provisions of title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (174)Page 104, strike out lines 5 to 20 and insert: Sec. 8114. (a) In General.--The fiscal year 1995 increase in military retired pay shall (notwithstanding subparagraph (B) of section 1401a(b)(2) of title 10, United States Code) first be payable as part of such retired pay for the month of March 1995. (b) Definitions.--For the purposes of subsection (a): (1) The term ``fiscal year 1995 increase in military retired pay'' means the increase in retired pay that, pursuant to paragraph (1) of section 1401a(b) of title 10, United States Code, becomes effective on December 1, 1994. (2) The term ``retired pay'' includes retainer pay. (175)Page 104, strike out all after line 20 over to and including line 11 on page 105 and insert: (transfer of funds) Sec. 8115. In addition to amounts appropriated or otherwise made available by this Act, $11,200,000 is hereby appropriated to the Department of Defense and shall be available only for transfer to the United States Coast Guard for a 2.6 percent pay increase for uniformed members. (176)Page 105, strike out lines 12 to 21 and insert: Sec. 8116. Notwithstanding any other provision of law, for education and training expenses not otherwise provided for, $119,000,000 is appropriated for aiding school districts in accordance with authority granted under Public Law 81-874. (177)Page 105, strike out all after line 21 over to and including line 4 on page 106 and insert: Sec. 8117. After April 15, 1995, none of the funds provided in this Act may be obligated for payment on contracts on which allowable costs charged to the government include payments for individual compensation in excess of the rate of compensation of Level I of the Executive Schedule employees of the United States Government. (178)Page 106, strike out lines 5 to 8 (179)Page 106, strike out lines 9 to 25 (180)Page 107, strike out lines 5 to 13 (181)Page 107, after line 13 insert: Sec. 8121. (a) Study.--The Secretary of Defense shall conduct a study of the receipt of benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) by the members of the Armed Forces. The study shall include the following elements: (1) The number of members of the Armed Forces who are eligible to receive benefits under that Act. (2) The number of such members who receive benefits under that Act. (3) The location by State and region of the members referred to in paragraphs (1) and (2). (4) An estimate of the cost of raising the rate of basic pay of members of the Armed Forces to a rate at which such members would no longer be eligible to receive benefits under that Act. (b) Report.--The Secretary shall submit to Congress a report on the study required under subsection (b) not later than 180 days after the date of the enactment of this Act. (182)Page 107, after line 13 insert: Sec. 8122. (a) The Secretary of Defense shall submit, on a quarterly basis, a report to the appropriate congressional committees setting forth all costs (including incremental costs) incurred by the Department of Defense during the preceding quarter in implementing or supporting resolutions of the United Nations Security Council, including any such resolution calling for international sanctions, international peacekeeping operations, and humanitarian missions undertaken by the Department of Defense. The quarterly report shall include an aggregate of all such Department of Defense costs by operation or mission. (b) The Secretary of Defense shall detail in the quarterly reports all efforts made to seek credit against past United Nations expenditures and all efforts made to seek compensation from the United Nations for costs incurred by the Department of Defense in implementing and supporting United Nations activities. (c) As used in this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Appropriations of the House of Representatives and the Senate; (2) the Committees on Armed Services of the House of Representatives and the Senate; and (3) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (183)Page 107, after line 13 insert: SEC. 8123. ADDITIONAL COUNTRIES ELIGIBLE FOR PARTICIPATION IN ALLIED DEFENSE COOPERATION. (a) Short Title.--This section may be cited as the ``NATO Participation Act''. (b) Transfer of Excess Defense Articles.--The President may transfer excess defense articles under section 516 of the Foreign Assistance Act of 1961 or under the Arms Export Control Act to Poland, Hungary, the Czech Republic, and Slovakia. (c) Leases and Loans of Major Defense Equipment and Other Defense Articles.--Section 63(a)(2) of the Arms Export Control Act (22 U.S.C. 2796b) is amended by striking ``or New Zealand'' and inserting ``New Zealand, Poland, Hungary, the Czech Republic, or Slovakia''. (d) Loan Materials, Supplies, and Equipment for Research and Development Purposes.--Section 65(d) of the Arms Export Control Act (22 U.S.C. 2796d(d)) is amended-- (1) by striking ``or'' after ``United States)'' and inserting a comma; and (2) by inserting before the period at the end the following: ``, Poland, Hungary, the Czech Republic, or Slovakia''. (e) Cooperative Military Airlift Agreements.--Section 2350c(e)(1)(B) of title 10, United States Code, is amended by striking ``and the Republic of Korea'' and inserting ``the Republic of Korea, Poland, Hungary, the Czech Republic, and Slovakia''. (f) Procurement of Communications Support and Related Supplies and Services.--Section 2350f(d)(1)(B) is amended by striking ``or the Republic of Korea'' and inserting ``the Republic of Korea, Poland, Hungary, the Czech Republic, or Slovakia''. (g) Standardization of Equipment With North Atlantic Treaty Organization Members.--Section 2457 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(g) It is the sense of the Congress that, in the interest of maintaining stability and promoting democracy in Eastern Europe, Poland, Hungary, the Czech Republic, and Slovakia, those countries should, on and after the date of enactment of this subsection, be included in all activities under this section related to the increased standardization and enhanced interoperability of equipment and weapons systems, through coordinated training and procurement activities, as well as other means, undertaken by the North Atlantic Treaty Organization members and other allied countries.''. (h) Inclusion of Other European Countries Emerging From Communist Domination.--The President should recommend legislation to the Congress making eligible under the provisions of law amended by this section such other European countries emerging from communist domination as the President may determine if such countries-- (1) have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (2) are likely, within 5 years of such determination, to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area. (i) Certification Required.--Before exercising the authority in subsection (a), or in section 63(a)(2) of the Arms Export Control Act, with respect to Poland, Hungary, the Czech Republic, or Slovakia, the President shall determine and certify to the appropriate congressional committees that no such country is selling or transferring defense articles to a state that has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j) of the Export Administration Act of 1979. (184)Page 107, after line 13 insert: SEC. 8124. SENSE OF THE CONGRESS CONCERNING THE REPUBLIC OF BULGARIA. (a) Findings.--The Congress finds that: (1) In the spring of 1990, Bulgaria held its first round- table discussions and held its first free, democratic elections in June 1990; (2) In August 1990, the Bulgarian Grand National Assembly elected Dr. Zhelyu Zhelev as President of the Republic; (3) On July 12, 1991 the Parliament of Bulgaria adopted the new Constitution of the Republic of Bulgaria, which proclaims that Bulgaria is governed by the rule of law; (4) In addition, the Bulgarian Constitution establishes the principles of a market economy in Bulgaria, including Article 17 which guarantees and protects the right to property and inheritance and proclaims the inviolability of private property, and Article 19 which states that the economy of Bulgaria is based on free economic enterprise; (5) In October 1991, Bulgaria held its second parliamentary elections; (6) Since 1990, the Bulgarian Parliament has passed more than 220 laws establishing legal protections for a free market economy including the Law on Land Ownership, the Law on the Protection of Competition, the Law on Commerce, the Law on Privatization, the Law on Accounting and the Law on Banking; (7) The Bulgarian private sector has grown from 5 percent of GNP in 1990 to 22 percent of GNP in 1993, and by the end of 1993, 47 percent of Bulgarian farm land had been returned to its owners prior to 1948; (8) In June 1990, Bulgaria established diplomatic relations with NATO and on February 14, 1994, joined the Partnership for Peace; (9) Since October 1991, the Bulgarian minister of defense has been a civilian and this practice is scheduled to be institutionalized when the Bulgarian Law on Armed Forces is adopted in September 1994. (b) Sense of Congress.--Therefore, it is the sense of the Congress that: (1) The Republic of Bulgaria is making swift and important progress to join the West and should be strongly commended for its efforts; (2) The Republic of Bulgaria is making significant progress toward establishing democratic institutions, a free market economy, civilian control of the armed forces and the rule of law; (3) As the President evaluates increased defense cooperation with central and eastern Europe, Bulgaria's extensive reform efforts should be given every possible consideration. (185)Page 107, after line 13 insert: Sec. 8125. Study of C-130s--(a) Report.--Within six months of enactment of this Act, the Chairman of the Joint Chiefs of Staff (JCS) shall recommend to the Secretary of Defense a master stationing plan for C-130 aircraft for the active and reserve components based on the National Military Strategy and current contingency plans of the Joint Chiefs of Staff. The report shall include: (1) a review of existing Air Reserve Component C-130s; and (2) a master plan for basing future Air Reserve Component C-130s over the next twenty years. (b) Interim Reductions.--No reductions of primary authorized C-130 aircraft (PAA) shall be permitted until after completion of the report. (c) Approval.--Within 2 months of receipt of the report from the Chairman of the JCS, the Secretary of Defense shall approve the final master stationing plan for C-130 aircraft and shall provide it to the congressional defense committees. The Secretary shall also provide the final report to the Air Force and to the National Guard Bureau for implementation. (186)Page 107, after line 13 insert: Sec. 8126. Funds appropriated for the Army by this Act may not be expended to deactivate or to take any action necessary to deactivate any Army Reserve Officers' Training Corps unit, or to reduce any such unit for the purpose of eventually deactivating that unit, unless the Secretary of the Army has determined that the unit has been placed in, and has been evaluated for a full evaluation period under, the Effective Management Program of the Army Cadet Command. (187)Page 107, after line 13 insert: SEC. 8127. PREFERENCE FOR LOCAL AND SMALL BUSINESSES TO CARRY OUT ENVIRONMENTAL RESTORATION AND REMEDIATION OF KAHO'OLAWE ISLAND, HAWAII. (a) Preference Required.--In entering into contracts with private entities to carry out environmental restoration and remediation of Kaho'olawe Island, Hawaii, and the waters surrounding that island, the Secretary of the Navy shall, to the maximum extent practicable, give a preference to small business concerns and small disadvantaged business concerns located in the State of Hawaii. In giving the preference, the Secretary shall give especial preference to businesses owned by Native Hawaiians. (b) Definitions.--In this section: (1) The term ``small business concern'' means a business concern meeting the requirements of section 3 of the Small Business Act (15 U.S.C. 632). (2) The term ``small disadvantaged business concern'' means the business concerns referred to in section 7(d)(1) of such Act (15 U.S.C. 637(d)(1)). (3) The term ``Native Hawaiian'' means any individual who is a descendent of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii. (188)Page 107, after line 13 insert: Sec. 8128. (a) The prohibition on concurrent award of compensation and retirement pay (including naval pension) set forth in section 5304(a)(1) of title 38, United States Code, does not apply to a person who has a service-connected disability if-- (1) the person has completed at least 20 years of service in the uniformed services that is creditable for purposes of computing the amount of retirement pay to which the member is entitled; (2) the disability was incurred or aggravated in the performance of duty as a member of a uniformed service, as determined by the Secretary concerned; and (3) the disability is a disability rated as total-- (A) by the Secretary concerned as of the date on which the person is retired from the uniformed services; or (B) by the Secretary of Veterans Affairs within four years following the date on which the person is retired from the uniformed services. (b) Notwithstanding section 1463(a) of title 10, United States Code, the amount of retirement pay paid in accordance with subsection (a) concurrently with the payment of disability compensation to the recipients of such retirement pay shall be paid out of funds appropriated by this Act. (c) Subsection (a) is not applicable to a person for any period for which the disability of such person is not a disability rated as total as described in paragraph (3) of such subsection. (d) In this section: (1) The terms ``compensation'', ``service-connected'', and ``Secretary concerned'' have the meanings given such terms in section 101 of title 38, United States Code. (2) The term ``disability rated as total''-- (A) means a disability that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; and (B) does not include a disability for which the schedular rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of service-connected disabilities or by reason of any other factor. (3) The term ``uniformed services'' has the meaning given such term in section 101(a)(5) of title 10, United States Code. (e) This section shall take effect on October 1, 1994, and shall apply to months that begin on or after that date and before October 1, 1995, upon authorization in an Act other than this Act. (189)Page 107, after line 13 insert: SEC. 8129. IMPLEMENTATION OF AGREEMENT ON THE RESTRUCTURING OF THE ARMY NATIONAL GUARD AND THE ARMY RESERVE. (a) Finding.--Congress finds that the implementation of the off- site agreement may result in the loss to the Armed Forces of military personnel who have significant military experience and expertise. (b) Reassignment of Members.--(1) To the maximum extent practicable, the Secretary of the Army shall ensure that members of the Armed Forces who would otherwise be separated from service as a result of the deactivation of military units of the Army National Guard and the Army Reserve under the off-site agreement be reassigned instead to units that are not being deactivated. (2) The reassignment of a member under paragraph (1) shall not affect the grade or rank in grade of the member. (c) Reports.--Not later than 15 days after the end of each calendar quarter while the off-site agreement is in effect, the Secretary of the Army shall submit to the congressional defense committees a report on the number of members of the Armed Forces who were reassigned under subsection (b)(1) during the preceding calendar quarter. (d) Definitions.--In this section: (1) The term ``congressional defense committees'' means the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives. (2) The term ``off-site agreement'' means the agreement on the restructuring of the Army National Guard and the Army Reserve. (190)Page 107, after line 13 insert: Sec. 8130. No funds appropriated under this Act may be obligated or expended for the purpose of establishing the Antler Military Operations Area, Pennsylvania, for the purpose of conducting aerial combat training operations until Region III of the Environmental Protection Agency has completed its currently ongoing Environmental Impact Review. (191)Page 107, after line 13 insert: Sec. 8131. (a) No project for the construction of any facility, or improvement to any facility, having an estimated Federal cost in excess of $300,000, may be undertaken in any fiscal year unless specifically identified as a separate item in the President's annual fiscal year budget request or otherwise specifically authorized and appropriated if such facility or improvement would be used primarily by personnel of the intelligence community. (b) As used in this section, the term ``intelligence community'' has the same meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (192)Page 107, after line 13 insert: Sec. 8132. Of the funds made available by this Act for the National Reconnaissance Office under the classified Schedule of Appropriations accompanying this Act, funds allocated for construction of the headquarters buildings of the National Reconnaissance Office which were unobligated as of the date of enactment of this Act may not be obligated or expended until the Director of Central Intelligence and the Secretary of Defense have completed a review of that construction project and the results of such review have been disclosed to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, and the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. (193)Page 107, after line 13 insert: Sec. 8133. Notwithstanding any other provision of law, the Secretary of the Navy shall obligate, within thirty days of this Act becoming law, not less than $29,750,000 from the funds appropriated in this Act or previous Acts under the heading ``Aircraft Procurement, Navy'', solely to procure, on an urgent basis, AN/USH-42 mission recorders modified for use in S-3B aircraft. (194)Page 107, after line 13 insert: Sec. 8134. Within 60 days of enactment of this Act, the President, in consultation with NATO, shall submit a report to the Committees on Appropriations of the Senate and House of Representatives defining specific military, economic, and political standards required to gain admission to NATO: Provided, That such report shall not be limited to the principles enunciated in the Partnership for Peace: Provided further, That such report shall include an assessment of measures which would be necessary to guarantee the armed services of Poland, Hungary, the Czech Republic, Slovakia, Lithuania, Latvia and Estonia are capable of military cooperation and interoperability with NATO and fulfilling other member responsibilities. (195)Page 107, after line 13 insert: restriction on funding united states military personnel in somalia Sec. 8135. None of the funds appropriated by this Act may be used for the continuous presence in Somalia of United States military personnel after September 30, 1994. (196)Page 107, after line 13 insert: SEC. 8136. SENATE ADVICE AND CONSENT TO CHANGES IN OBLIGATIONS UNDER THE CFE TREATY. (a) Findings.-- (1) On November 25, 1991, the Senate gave its advice and consent to ratification of the CFE Treaty. (2) The President would need to seek the Senate's advice and consent to any change in obligation of the States parties under the CFE Treaty, unless such change were a minor matter of an administrative or technical nature. (3) A change in the allowed holdings of treaty limited equipment in the area of application or any geographic sub-zone of the area of application would constitute a change in obligation for which the Senate's advice and consent would be required. (b) Reaffirmation of Senate's Treaty-Making Powers.--The President shall submit for the Senate's advice and consent any change in the obligations of any State party under the CFE Treaty, unless such change is a minor matter of an administrative or technical nature. (c) CFE Treaty Defined.--For the purpose of this section, the CFE Treaty means the Treaty on Conventional Armed Forces in Europe, signed in Paris on November 19, 1990, and associated protocols. (197)Page 107, after line 13 insert: Sec. 8137. (a)(1) The Secretary of Defense shall develop a plan for establishing and implementing a requirement for disbursing officials of the Department of Defense to match disbursements to particular obligations before making the disbursements. The Secretary shall transmit the plan to Congress not later than March 1, 1995. (2) The Inspector General of the Department of Defense shall review the plan and submit the Inspector General's independent assessment of the plan to the congressional defense committees. (b)(1) Not later than July 1, 1995, the Secretary of Defense shall require that each disbursement by the Department of Defense in an amount in excess of $5,000,000 be matched to a particular obligation before the disbursement is made. (2) Not later than October 1, 1995, the Secretary of Defense shall require that each disbursement by the Department of Defense in an amount in excess of $1,000,000 be matched to a particular obligation before the disbursement is made. (c) The Secretary shall ensure that a disbursement in excess of the threshold amount applicable under subsection (b) is not divided into multiple disbursements of less than that amount for the purpose of avoiding the applicability of such subsection to that disbursement. (d) The Secretary of Defense may waive a requirement for advance matching of a disbursement of the Department of Defense with a particular obligation in the case of (1) a disbursement involving deployed forces, (2) a disbursement for an operation in a war declared by Congress or a national emergency declared by the President or Congress, or (3) a disbursement under any other circumstances for which the waiver is necessary in the national security interests of the United States, as determined by the Secretary and certified by the Secretary to the congressional defense committees. (e) This section shall not be construed to limit the authority of the Secretary of Defense to require that a disbursement not in excess of the amount applicable under subsection (b) be matched to a particular obligation before the disbursement is made. (198)Page 107, after line 13 insert: SEC. 8138. SENSE OF CONGRESS ON NEGOTIATION OF LIMITATIONS ON NUCLEAR WEAPONS TESTING. (a) Findings.--Congress finds the following: (1) On January 25, 1994, the United States joined with 37 other nations to begin negotiations for a comprehensive treaty to ban permanently all nuclear weapons testing. (2) On March 14, 1994, the President decided to extend the current United States nuclear testing moratorium at least through September 1995. (3) Germany and the Group of 21 Non-Aligned States have publicly stated their support for the completion of a comprehensive nuclear test ban treaty by 1995. (4) On June 6, 1994, the People's Republic of China conducted its second nuclear weapons test explosion since the United States, Russia, and France initiated their current nuclear test moratoria. (5) On September 7, 1994, the third and final test ban negotiating session of the year will end. (6) While some progress toward a comprehensive nuclear test ban treaty has been achieved, there is little chance that an agreement will be reached before April 1995 at the current rate of negotiation. (7) The United States is seeking to extend indefinitely the Non-Proliferation Treaty at the April 1995 Extension Conference. (8) Conclusion of a comprehensive nuclear test ban treaty could contribute toward successful negotiations to extend the Non-Proliferation Treaty. (9) Agreements to eliminate nuclear testing and control the spread of nuclear weapons could contribute to national security of the United States, its allies, and other nations around the world. (b) Sense of Congress.--The Congress-- (1) applauds the President for maintaining the United States nuclear testing moratorium and for supporting the negotiation of a comprehensive nuclear test ban treaty; (2) encourages the People's Republic of China and all other nuclear powers to refrain from conducting nuclear explosions prior to conclusion of a comprehensive nuclear test ban treaty; and (3) urges the President and the other nuclear powers to take measures necessary to achieve a multilateral comprehensive nuclear test ban treaty before the Non-Proliferation Treaty Extension Conference. (c) Definition.--As used in this section, the term ``Non- Proliferation Treaty'' means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow on July 1, 1968 (21 U.S.T. 483). (199)Page 107, after line 13 insert: Sec. 8139. (a) Notwithstanding any other provision of law, the Secretary of a military department may enter into a contract for use of commercial or proprietary credit card services for augmenting or replacing any in-house account receivable system in use by a nonappropriated fund instrumentality under the jurisdiction of that Secretary if the Secretary determines that such contract is in the best interest of that department. (b) No official of the Department of Defense outside a military department may, by regulation or otherwise, limit or control the exercise of authority under this section by the Secretary of that military department. (200)Page 107, after line 13 insert: Sec. 8140. (a) Prohibition.--No funds appropriated under this Act may be made available to the Democratic People's Republic of Korea until the President certifies and reports to Congress that the Democratic People's Republic of Korea-- (1) does not possess nuclear weapons; (2) has halted its nuclear weapons program; and (3) is not exporting weapons-grade plutonium. (b) National Security Waiver.--The President may waive the prohibition in this section if he determines and certifies in writing to the Congress that to do so is vital to the national security interest of the United States, and notifies the appropriate committees of Congress 15 days in advance in accordance with the regular notification procedures of such committees. Such notification shall include the nature, purpose and amount of any proposed assistance. (201)Page 107, after line 13 insert: Sec. 8141. Notwithstanding any other provision of law, within the funds made availability by this Act, the Department of Defense shall pay the appropriate amount of Aviation Continuation Pay authorized by 37 U.S.C. Sec. 301(b) to the survivors of persons who have signed reenlistment contracts on or after January 1, 1994, but whose service connected death predates the effective date of such reenlistment contract by less than 14 days. (202)Page 107, after line 13 insert: Sec. 8142. It is the sense of the Senate that not later than 90 days after the enactment of this Act, the Department of Defense shall submit all documents pertaining to any and all Department of Defense chemical and biological warfare tests involving the use of zinc cadmium sulfide conducted anywhere in the United States. (203)Page 107, after line 13 insert: Sec. 8143. None of the funds made available under this Act may be obligated or expended for the relocation or reduction of the functions specified in the 1991 and 1993 Reports to the President of the Defense Base Closure and Realignment Commission to be maintained at Fort Chaffee, Arkansas, including all civilian management, support personnel and operations associated with these functions that were in existence as of September 30, 1994. (204)Page 107, after line 13 insert: Sec. 8144. (a) None of the funds available to the Department of Defense during fiscal year 1995 may be used for negotiating or entering into any agreement with, nor for accepting funds from, a foreign government or an entity controlled by a foreign government for a joint program for the development of an advanced threat radar jammer for combat helicopters until 30 days after the Secretary of Defense, in consultation with the Secretary of State, the Secretary of the Army, and the Director of the Defense Security Assistance Agency, conducts a comprehensive review of the program and submits a report on the results of that review to the congressional defense committees. (b) This section does not apply with respect to a major ally of the United States. (c) In this section: (1) The term ``entity controlled by a foreign government'' includes-- (A) any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and (B) any individual acting on behalf of a foreign government, as determined by the Secretary of Defense. Such term does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992. (2) The term ``major ally of the United States'' has the meaning given such term in section 2350a(i)(2) of title 10, United States Code. (205)Page 107, after line 13 insert: SEC. 8145. SENSE OF THE SENATE CONCERNING LOWRY AFB. It is the sense of the Senate that-- (1) in issuing any lease, permit or deed of conveyance for use to assist the homeless under the Stewart B. McKinney Homeless Assistance Act concerning Lowry Air Force Base, Colorado, the Secretary of Health and Human Services, representatives of the city of Denver, Colorado, representatives of the city of Aurora, Colorado and representatives of homeless providers whose applications have been approved by the Secretary of Health and Human Services should jointly determine that such use is reasonable under the redevelopment plan for Lowry Air Force Base, Colorado; and (2) the Department of Defense and the Department of Health and Human Services, in coordination with the appropriate committees of Congress and appropriate State and local authorities, should develop a reform proposal to address the many difficulties created for local communities by existing laws relating to the loan, lease or conveyance for use of government property during the base closure process. (206)Page 107, after line 13 insert: Sec. 8146. (a) None of the funds appropriated in this Act for a second low rate initial production (LRIP) contract or contract option for the Hunter unmanned aerial vehicle (UAV) system may be obligated until the Department of Defense certifies to the congressional defense committees that-- (1) two Hunter UAV systems have been accepted by the Government using the currently defined Acceptance Test Procedure; (2) the operational tempo (OPTEMPO) phase of the risk reduction program has been successfully completed; and (3) the flight test portion of the first article test (FAT) has been successfully completed. (b) None of the funds appropriated in this Act may be obligated to procure more than four Hunter UAV systems until the Logistics Support Analysis (LSA) report has been submitted to the relevant committees of Congress and the Department of Defense has certified to these committees that the LSA is sufficient to fully support fielding of the Hunter UAV. (207)Page 107, after line 13 insert: Sec. 8147. It is the sense of the Senate that of the funds appropriated by title VIII of Public Law 102-396 (106 Stat. 1899) for defense reinvestment for economic growth, the unobligated balance of the funds made available by such title for military service members occupational conversion and training shall remain available until September 30, 1995. (208)Page 107, after line 13 insert: Sec. 8148. (a) Sense of the Senate concerning Japan fulfilling its commitments under the Host Nation Support Agreement it signed with the United States on January 14, 1991: (b) The Senate finds-- (1) That, the United States-Japan Security Treaty continues to be a strong bond between our two countries, serving as a main pillar of the bilateral relationship; (2) That, the bilateral relationship is of vital importance to both countries and to the stability of the Asia Pacific region and the entire world; (3) That, Japan's willingness to share the costs of maintaining forces in Japan is an important contribution to strengthening our security partnership; (4) That, it has often been asserted that Japan's host nation support for American forces provides a model defense burden-sharing arrangement for our allies; (5) That, Japan and the United States signed a new Host Nation Support Agreement on January 14, 1991, providing for Japan to assume--over five years beginning in Japanese Fiscal Year 1991 and ending in fiscal year 1995--virtually all yen- based costs of maintaining United States forces in Japan; (6) That, Japan voluntarily entered into that agreement more than a year before the expiration of the previous Host Nation Support Agreement which was not as generous; (7) That, the Government of Japan hailed the new agreement as ``a step of great significance for the overall relationship between the two countries''; (8) That, Japan's Defense Agency appears to have decided to decrease expenses for bearing the cost of stationing United States forces in Japan in its fiscal year 1995 budget request, thereby failing to fulfill its obligations under the 1991 Host Nation Support Agreement; (9) That, should Japan fail to fulfill those obligations, the bilateral relationship may suffer negative consequences, particularly as current problems on the Korean peninsula pose a critical challenge to United States-Japan security ties: Now, therefore (c) It is the sense of the Senate that-- (1) It is in the interest of both Japan and the United States to fully comply with all the provisions of the Host Nation Support Agreement of 1991; and (2) Should either nation wish to depart from fully complying with all the provisions of that agreement, it should engage in close consultations with its counterpart before taking any action. (209)Page 107, after line 13 insert: Sec. 8149. None of the funds appropriated in this Act may be transferred to or obligated from the Pentagon Reservation Maintenance Revolving Fund, unless the Secretary of Defense certifies that the total cost for the planning design, construction and installation of equipment for the renovation of the Pentagon Reservation will not exceed $1,218,000,000. (210)Page 107, after line 13 insert: SEC. 8150. BOSNIA AND HERCEGOVINA. (a) Purpose.--To express the sense of Congress concerning the international efforts to end the conflict in Bosnia and Hercegovina, and to establish a process to end the arms embargo on the Government of Bosnia and Hercegovina. (b) Statement of Support.--The Congress supports the efforts of the so-called ``contact group'' composed of representatives of the United States, Russia, France, Britain, and Germany to bring about a peaceful settlement of the conflict in Bosnia and Hercegovina based upon the contact's group proposal of July 6, 1994 that has been agreed to by the Government of Bosnia and Hercegovina and rejected by the Bosnian Serb faction. (c) Sense of the Congress.--It is the sense of the Congress that: (1) The United States should work with the NATO Member nations and other permanent Members of the United Nations Security Council to bring about a peaceful settlement of the conflict in Bosnia and Hercegovina which maintains the territorial integrity of Bosnia and Hercegovina. (2) A peaceful settlement of the conflict must preserve an economically, politically and militarily viable Bosnian state capable of exercising its rights under the United Nations Charter as part of a peaceful settlement, including the lifting of the arms embargo on the Government of Bosnia and Hercegovina so that it can exercise the inherent right of a sovereign state to self-defense. (3) The acceptance of the contact group's peace proposal by the Government of Bosnia and Hercegovina should lead to the lifting of the international arms embargo on that Government. (4) In providing weapons to the Bosnian Government or taking other actions, care should be taken to provide for the safety of the United Nations Protection Force (UNPROFOR) and the civilian personnel working for the United Nations or non- governmental volunteer organizations. (5) The United States should immediately seek to organize an international effort to provide assistance to the nations bordering Serbia and Montenegro to bring about more effective enforcement by those nations of the international economic sanctions on the Government of Serbia and Montenegro. (d) Policy.--The United States should exercise leadership within the international community to cause the Bosnian Serb faction to accept the contact's group's proposal. Such action should be taken on separate but complimentary international and unilateral tracks. Accordingly: (1) International: If the Bosnian Serbs have not accepted the contact group's proposal of July 6, 1994 within 10 days after the enactment of this Act or by October 15, 1994, whichever is later, the President or his representative should formally introduce and support a resolution in the United Nations Security Council, within fourteen days thereafter, to terminate the international arms embargo on the Government of Bosnia and Hercegovina. The termination of the arms embargo on the Government of Bosnia and Hercegovina may be accomplished in stages but should result in a lifting of the arms embargo no later than December 1, 1994. (2) Unilateral: If the United Nations Security Council has not voted to lift the international arms embargo on the Government of Bosnia and Hercegovina in accordance with paragraph (1) within 15 days after the President or his representative has formally introduced such a resolution or by November 15, 1994, whichever is earlier, and the Bosnian Serbs have not accepted the contact group's proposal of July 6, 1994 by that date: (A) None of the funds available to the Department of Defense for any fiscal year shall thereafter be used for the purpose of participation in, support for, or assistance to the enforcement of the arms embargo on the Government of Bosnia and Hercegovina but the President may waive this provision in the case of United States military personnel serving in NATO headquarters staff positions. Nothing in this provision is intended to impede sanctions enforcement against Serbia; (B) The President shall submit a plan to and consult with the Congress on the manner in which the Armed Forces of the United States and other friendly nations would provide training to the armed forces of the Government of Bosnia and Hercegovina outside of the territory of Bosnia and Hercegovina; and (C) The President shall submit a plan to and consult with the Congress regarding unilateral lifting by the United States of the arms embargo on the Government of Bosnia and Hercegovina. (3) Interim: If the Bosnian Serb faction attacks the United Nations declared safe areas, the President or his representative should promptly introduce and support a resolution in the United Nations Security Council that authorizes a selective lifting of the arms embargo on the Government of Bosnia and Hercegovina to provide defensive weapons, such as anti-tank weapons, counter-battery radars, and mortars, to enable the forces of the Government of Bosnia and Hercegovina to defend the safe areas. (211)Page 107, after line 13 insert: Sec. 8151. Termination of Arms Embargo.-- (1) Termination.--The President shall terminate the United States arms embargo of the Government of Bosnia and Herzegovina no later than November 15, 1994 so that government may exercise its right of self-defense under Article 51 of the United Nations Charter. (2) Definition.--As used in this section, the term ``United States arms embargo of the Government of Bosnia and Herzegovina'' means the application to the Government of Bosnia and Herzegovina of-- (A) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 F.R. 33322) under the heading ``Suspension of Munitions Export Licenses to Yugoslavia''; and (B) any similar policy being applied by the United States Government as of the date of receipt of the request described in paragraph (1) pursuant to request described in paragraph (1) pursuant to which approval is denied for transfers of defense articles and defense services to the former Yugoslavia. (3) Rule of construction.--Nothing in this section shall be interpreted as authorization for deployment of United States forces in the territory of Bosnia and Herzegovina for any purpose, including training, support, or delivery of military equipment. (212)Page 107, after line 13 insert: Sec. 8152. (a) Of the funds appropriated under the heading ``Research, Development, Test and Evaluation, Navy'' in title IV of this Act, $3,900,000 shall be made available only for the Joint Primary Aircraft Training System (JPATS) program. (b) Of the funds appropriated under the heading ``Research, Development, Test and Evaluation, Air Force'' in title IV of this Act, $37,057,000 shall be made available only for the JPATS program. (c) Of the funds appropriated under the heading ``Aircraft Procurement, Air Force'' in title III of this Act, $78,265,000 shall be made available only for the JPATS program. (213)Page 107, after line 13 insert: Sec. 8153. No funds appropriated by this Act may be obligated or expended during fiscal year 1995 for retiring, or preparing to retire, any B-52H, B-1B, or F-111 bomber aircraft. (214)Page 107, strike out lines 14 and 15 and insert: Titles I through VIII of this Act may be cited as the ``Department of Defense Appropriations Act, 1995''. TITLE IX--FISCAL YEAR 1994 SUPPLEMENTAL APPROPRIATION The following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1994, namely: DEPARTMENT OF DEFENSE Management Funds emergency response fund For the ``Emergency Response Fund'', $170,000,000: Provided, That these funds may be used to reimburse appropriations of the Department of Defense for costs incurred for emergency relief for Rwanda: Provided further, That the Secretary of State shall provide a report to the Congress no later than September 1, 1994, as to the burden-sharing arrangements in the Rwanda relief operation that have been negotiated and implemented with other nations, and international public and private organizations, as to both cost and personnel participation, including armed forces participation: Provided further, That the Secretary of Defense shall provide assessments to the Congress no later than September 1, 1994, of (1) any threats to the security of United States personnel, including armed forces personnel, in the Rwanda relief operation, and (2) the extent to which the UNAMIR peacekeeping operation has established a security system within the country of Rwanda: Provided further, That any change in the mission from one of strict refugee relief to security, peace-enforcing, nation-building or any other substantive role, shall not be implemented without the further approval of the Congress: Provided further, That United States armed forces shall not participate in relief operations inside Rwanda until and unless the President has certified to the Congress that the security situation in the countryside has stabilized to the extent that United States forces will not play a peacekeeping or peace-enforcing role between the warring factions inside Rwanda: Provided further, That no funds are available for United States participation in operations in or around Rwanda after October 7, 1994: Provided further, That the President shall provide a plan to the Congress by September 15, 1994, as to how he will terminate United States involvement in the Rwanda operation by October 7, 1994, unless an extension of time is approved by the Congress, and what arrangements have been made for other nations and international public and private organizations to replace United States resources and personnel. (215)Page 107, after line 15 insert: TITLE X--MEGAN KANKA SEXUALLY VIOLENT PREDATORS ACT SEC. 1001. SHORT TITLE. This title may be cited as the ``Megan Kanka Sexually Violent Predators Act''. SEC. 1002. FINDINGS. Congress finds that-- (1) there exists a small but extremely dangerous group of sexually violent persons who do not have a mental disease or defect; (2) persons who are sexually violent predators generally have antisocial personality features that-- (A) are not amenable to mental illness treatment modalities in existence on the date of enactment of this Act; and (B) render the persons likely to engage in sexually violent behavior; (3) the likelihood that sexually violent predators will repeat acts of predatory sexual violence is high; and (4) the prognosis for curing sexually violent predators is poor and the treatment needs of the population of the predators are very long-term. SEC. 1003. DEFINITIONS. As used in this title: (1) Mental abnormality.--The term ``mental abnormality'' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes the person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (2) Predatory.--The term ``predatory'', with respect to an act, means an act directed towards a stranger, or a person with whom a relationship has been established or promoted, for the primary purpose of victimization. (3) Sexually violent offense.--The term ``sexually violent offense'' means an act that is a violation of title 18, United States Code or State criminal code that-- (A) involves the use or attempted or threatened use of physical force against the person or property of another person; and (B) is determined beyond a reasonable doubt to be sexually motivated. (4) Sexually violent predator.--The term ``sexually violent predator'' means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. SEC. 1004. ESTABLISHMENT OF PROGRAM. (a) In General.-- (1) State guidelines.--In accordance with this section, the Attorney General shall establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State law enforcement agency upon release from prison, being placed on parole, or being placed on supervised release. The Attorney General shall approve each State program that complies with the guidelines. (2) State compliance.-- (A) Implementation date.--A State that does not implement a program described in paragraph (1) by the date that is 3 years after the date of enactment of this Act, and maintain the implementation thereafter, shall be ineligible for funds in accordance with subparagraph (B). (B) Ineligibility for funds.-- (i) In general.--A State that does not implement the program as described in subparagraph (A) shall not receive 10 percent of the funds that would otherwise be allocated to the State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756). (ii) Reallocation of funds.--Funds made available under clause (i) shall be reallocated, in accordance with such section, to such States as implement the program as described in subparagraph (A). (b) Registration Requirement Upon Release, Parole, or Supervised Release.-- (1) In general.--An approved State program established in accordance with this section shall contain the requirements described in this section. (2) Determination.--The determination that a person is a ``sexually violent predator'' and the determination that a person is no longer a ``sexually violent predator'' shall be made by the sentencing court after receiving a report by a board of experts on sexual offenses. Each State shall establish a board composed of experts in the field of the behavior and treatment of sexual offenders. (3) Notification.--If a person who is required to register under this section is anticipated to be released from prison, paroled, or placed on supervised release, a State prison officer shall, not later than 90 days before the anticipated date of the release or commencement of the parole-- (A) inform the person of the duty to register; (B) inform the person that if the person changes residence address, the person shall give the new address to a designated State law enforcement agency in writing not later than 10 days after the change of address; (C) obtain the name of the person, identifying factors, anticipated future residence, offense history, and documentation of any treatment received for the mental abnormality or personality disorder of the person; and (D) require the person to read and sign a form stating that the duty of the person to register under this section has been explained. (4) Transfer of information to state and the fbi.--Not later than 3 days after the receipt of the information described in paragraph (3)(C), the officer shall forward the information to a designated State law enforcement agency. As soon as practicable after the receipt of the information by the State law enforcement agency, the agency shall-- (A) enter the information into the appropriate State law enforcement record system and notify the appropriate law enforcement agency that has jurisdiction over the area in which the person expects to reside; and (B) transmit the information to the Identification Division of the Federal Bureau of Investigation. (5) Quarterly verification.-- (A) Mailing to person.--Not less than every 90 days after the date of the release or commencement of parole of a person required to register under this section, the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person. (B) Return of verification form.-- (i) In general.--The person shall return, by mail, the verification form to the agency not later than 10 days after the receipt of the form. The verification form shall be signed by the person, and shall state that the person continues to reside at the address last reported to the designated State law enforcement agency. (ii) Failure to return.--If the person fails to mail the verification form to the designated State law enforcement agency by the date that is 10 days after the receipt of the form by the person, the person shall be in violation of this section unless the person proves that the person has not changed the residence address of the person. (6) Notification of local law enforcement agencies of changes in addresses.--Any change of address by a person required to register under this section that is reported to the designated State law enforcement agency shall as soon as practicable be reported to the appropriate law enforcement agency that has jurisdiction over the area in which the person is residing. (7) Penalty.--A person required to register under a State program established pursuant to this section who knowingly fails to register and keep the registration current shall be subject to criminal penalties in the State. It is the sense of Congress that the penalties should include imprisonment for not less than 180 days. (8) Termination of obligation to register.--The obligation of a person to register under this section shall terminate on a determination made in accordance with the provision of paragraph (2) of this section that the person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. (c) Community Notification.--The designated State law enforcement agency shall release relevant information that is necessary to protect the public concerning a specific sexually violent predator required to register under this section. (d) Immunity for Good Faith Conduct.--Law enforcement agencies, employees of law enforcement agencies, and State officials shall be immune from liability for any good faith conduct under this section. Attest: Secretary. HR 4650 EAS----2 HR 4650 EAS----3 HR 4650 EAS----4 HR 4650 EAS----5 HR 4650 EAS----6 HR 4650 EAS----7 HR 4650 EAS----8t