Home > 104th Congressional Bills > H.R. 889 (eh) Making emergency supplemental appropriations and rescissions to preserve and enhance the military readiness of the Department of Defense for the fiscal year ending September 30, 1995, and for other purposes. [Engrossed in House] %%Filename:...

H.R. 889 (eh) Making emergency supplemental appropriations and rescissions to preserve and enhance the military readiness of the Department of Defense for the fiscal year ending September 30, 1995, and for other purposes. [Engrossed in House] %%Filename:...


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                  In the Senate of the United States,

                                                        March 16, 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
889) entitled ``An Act making emergency supplemental appropriations and 
rescissions to preserve and enhance the military readiness of the 
Department of Defense for the fiscal year ending September 30, 1995, 
and for other purposes'', do pass with the following

                              AMENDMENTS:

 (1)Page 1, strike out all after line 2 over to and including line 12 
on page 16 and insert:
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to provide supplemental 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 1995, and for other purposes, namely:

                                TITLE I

                               CHAPTER I

                      SUPPLEMENTAL APPROPRIATIONS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$35,400,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$49,500,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$10,400,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$37,400,000.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$4,600,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$636,900,000.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$284,100,000.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $27,700,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $785,800,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $43,200,000.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $6,400,000.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$14,000,000.

                           GENERAL PROVISIONS

    Sec. 101. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 102. During the current fiscal year, appropriations available 
to the Department of Defense for the pay of civilian personnel may be 
used, without regard to the time limitations specified in section 
5523(a) of title 5, United States Code, for payments under the 
provisions of section 5523 of title 5, United States Code, in the case 
of employees, or an employee's dependents or immediate family, 
evacuated from Guantanamo Bay, Cuba, pursuant to the August 26, 1994 
order of the Secretary of Defense.

                     (including transfer of funds)

    Sec. 103. In addition to amounts appropriated or otherwise made 
available by this Act, $28,297,000 is hereby appropriated to the 
Department of Defense and shall be available only for transfer to the 
United States Coast Guard to cover the incremental operating costs 
associated with Operations Able Manner, Able Vigil, Restore Democracy, 
and Support Democracy: Provided, That such amount shall remain 
available for obligation until September 30, 1996.
    Sec. 104. (a) Section 8106A of the Department of Defense 
Appropriations Act, 1995 (Public Law 103-335), is amended by striking 
out the last proviso and inserting in lieu thereof the following: ``: 
Provided further, That if, after September 30, 1994, a member of the 
Armed Forces (other than the Coast Guard) is approved for release from 
active duty or full-time National Guard duty and that person 
subsequently becomes employed in a position of civilian employment in 
the Department of Defense within 180 days after the release from active 
duty or full-time National Guard duty, then that person is not eligible 
for payments under a Special Separation Benefits program (under section 
1174a of title 10, United States Code) or a Voluntary Separation 
Incentive program (under section 1175 of title 10, United States Code) 
by reason of the release from active duty or full-time National Guard 
duty, and the person shall reimburse the United States the total 
amount, if any, paid such person under the program before the 
employment begins''.
    (b) Appropriations available to the Department of Defense for 
fiscal year 1995 may be obligated for making payments under sections 
1174a and 1175 of title 10, United States Code.
    (c) The amendment made by subsection (a) shall be effective as of 
September 30, 1994.
    Sec. 105. Subsection 8054(g) of the Department of Defense 
Appropriations Act, 1995 (Public Law 103-335), is amended to read as 
follows: ``Notwithstanding any other provision of law, of the amounts 
available to the Department of Defense during fiscal year 1995, not 
more than $1,252,650,000 may be obligated for financing activities of 
defense FFRDCs: Provided, That, in addition to any other reductions 
required by this section, the total amount appropriated in title IV of 
this Act is hereby reduced by $200,000,000 to reflect the funding 
ceiling contained in this subsection and to reflect further reductions 
in amounts available to the Department of Defense to finance activities 
carried out by defense FFRDCs and other entities providing consulting 
services, studies and analyses, systems engineering and technical 
assistance, and technical, engineering and management support.''.

                             (rescissions)

    Sec. 106. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts in the specified amounts:
            Operation and Maintenance, Navy, $16,300,000;
            Operation and Maintenance, Air Force, $2,000,000;
            Operation and Maintenance, Defense-Wide, $90,000,000;
            Environmental Restoration, Defense, $300,000,000;
            Aircraft Procurement, Army, 1995/1997, $77,611,000;
            Procurement of Ammunition, Army, 1993/1995, $85,000,000;
            Procurement of Ammunition, Army, 1995/1997, $89,320,000;
            Other Procurement, Army, 1995/1997, $46,900,000;
            Shipbuilding and Conversion, Navy, 1995/1999, $26,600,000;
            Missile Procurement, Air Force, 1993/1995, $33,000,000;
            Missile Procurement, Air Force, 1994/1996, $86,184,000;
            Other Procurement, Air Force, 1995/1997, $6,100,000;
            Procurement, Defense-Wide, 1995/1997, $81,000,000;
            Defense Production Act, $100,000,000;
            Research, Development, Test and Evaluation, Army, 1995/
        1996, $38,300,000;
            Research, Development, Test and Evaluation, Navy, 1995/
        1996, $59,600,000;
            Research, Development, Test and Evaluation, Air Force, 
        1994/1995, $81,100,000;
            Research, Development, Test and Evaluation, Air Force, 
        1995/1996, $226,900,000;
            Research, Development, Test and Evaluation, Defense-Wide, 
        1994/1995, $77,000,000;
            Research, Development, Test and Evaluation, Defense-Wide, 
        1995/1996, $351,000,000.

                          (transfer of funds)

    Sec. 107. Section 8005 of the Department of Defense Appropriations 
Act, 1995 (Public Law 103-335; 108 Stat. 2617), is amended by striking 
out ``$2,000,000,000'' and inserting in lieu thereof 
``$1,750,000,000''.

SEC. 108. REPORT ON COST AND SOURCE OF FUNDS FOR MILITARY ACTIVITIES IN 
              HAITI.

    (a) Requirement.--None of the funds appropriated by this Act or 
otherwise made available to the Department of Defense may be expended 
for operations or activities of the Armed Forces in and around Haiti 
sixty days after enactment of this Act, unless the President submits to 
Congress the report described in subsection (b).
    (b) Report Elements.--The report referred to in subsection (a) 
shall include the following:
            (1) A detailed description of the estimated cumulative 
        incremental cost of all United States activities subsequent to 
        September 30, 1993, in and around Haiti, including but not 
        limited to--
                    (A) the cost of all deployments of United States 
                Armed Forces and Coast Guard personnel, training, 
                exercises, mobilization, and preparation activities, 
                including the preparation of police and military units 
                of the other nations of the multinational force 
                involved in enforcement of sanctions, limits on 
                migration, establishment and maintenance of migrant 
                facilities at Guantanamo Bay and elsewhere, and all 
                other activities relating to operations in and around 
                Haiti; and
                    (B) the costs of all other activities relating to 
                United States policy toward Haiti, including 
                humanitarian and development assistance, 
                reconstruction, balance of payments and economic 
                support, assistance provided to reduce or eliminate all 
                arrearages owed to International Financial 
                Institutions, all rescheduling or forgiveness of United 
                States bilateral and multilateral debt, aid and other 
                financial assistance, all in-kind contributions, and 
                all other costs to the United States Government.
            (2) A detailed accounting of the source of funds obligated 
        or expended to meet the costs described in paragraph (1), 
        including--
                    (A) in the case of funds expended from the 
                Department of Defense budget, a breakdown by military 
                service or defense agency, line item, and program; and
                    (B) in the case of funds expended from the budgets 
                of departments and agencies other than the Department 
                of Defense, by department or agency and program.
    Sec. 109. It is the sense of the Senate that (1) cost-shared 
partnerships between the Department of Defense and the private sector 
to develop dual-use technologies (technologies that have applications 
both for defense and for commercial markets, such as computers, 
electronics, advanced materials, communications, and sensors) are 
increasingly important to ensure efficient use of defense procurement 
resources, and (2) such partnerships, including Sematech and the 
Technology Reinvestment Project, need to become the norm for conducting 
such applied research by the Department of Defense.
    Sec. 110. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended for assistance to or 
programs in the Democratic People's Republic of Korea, or for 
implementation of the October 21, 1994, Agreed Framework between the 
United States and the Democratic People's Republic of Korea, unless 
specifically appropriated for that purpose.

 (2)Page 16 after line 12 insert:

SEC. 111. LIMITATION ON EMERGENCY AND EXTRAORDINARY EXPENSES.

    (a) In General.--Funds appropriated or otherwise made available to 
the Department of Defense may not be obligated under section 127 of 
title 10, United States Code, for the provision of assistance, 
including the donation, sale, or financing for sale, of any item, to a 
foreign country that is ineligible under the Foreign Assistance Act of 
1961 or the Arms Export Control Act to receive any category of 
assistance.
    (b) Effective Date.--The limitations in subsection (a) shall apply 
to obligations made on or after the date of enactment of this Act.

 (3)Page 16, after line 12, insert:
    Sec. 112. (a) Notwithstanding any other provision of law, no funds 
appropriated by this Act, or otherwise appropriated or made available 
by any other Act, may be utilized for purposes of entering into the 
agreement described in subsection (b) until the President certifies to 
Congress that--
            (1) Russia has agreed not to sell nuclear reactor 
        components to Iran; or
            (2) the issue of the sale by Russia of such components to 
        Iran has been resolved in a manner that is consistent with--
                    (A) the national security objectives of the United 
                States; and
                    (B) the concerns of the United States with respect 
                to nonproliferation in the Middle East.
    (b) The agreement referred to in subsection (a) is an agreement 
known as the Agreement on the Exchange of Equipment, Technology, and 
Materials between the United States Government and the Government of 
the Russian Federation, or any department or agency of that government 
(including the Russian Ministry of Atomic Energy), that the United 
States Government proposes to enter into under section 123 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2153).

 (4)Page 16 after line 12 insert:
    Sec. 113. It is the sense of the Senate that--
            (1) Congress should enact legislation that terminates the 
        entitlement to pay and allowances for each member of the Armed 

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