Calendar No. 535

103D CONGRESS

2D SESSION H. R. 4650

[Report No. 103–321]

AN ACT

Making appropriations for the Department of De1995, and for other purposes. fense for the fiscal year ending September 30,

JUNE 30 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on

Appropriations

JULY 29 (legislative day, JULY 20), 1994

Reported with amendments
II

Calendar No. 535

103D CONGRESS

2D SESSION H. R. 4650

[Report No. 103–321]

IN THE SENATE OF THE UNITED STATE.

JUNE 30 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on Appropriations

JULY 29 (legislative day, JULY 20), 1994

Reported by Mr. INOUYE, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for the Department of Defense for

the fiscal year ending September 30, 1995, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1995, for military func6 tions administered by the Department of Defense, and for

7 other purposes, namely:
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1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, interest on

5 deposits, gratuities, permanent change of station travel

6 (including all expenses thereof for organizational move7 ments), and expenses of temporary duty travel between

8 permanent duty stations, for members of the Army on ac9 tive duty (except members of reserve components provided

10 for elsewhere), cadets, and aviation cadets; and for pay11 ments pursuant to section 156 of Public Law 97–377, as

12 amended (42 U.S.C. 402 note), to section 229(b) of the

13 Social Security Act (42 U.S.C. 429(b)), and to the De14 partment of Defense Military Retirement Fund;

15 $20,737,470,000 $20,629,770,000.

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, interest on

18 deposits, gratuities, permanent change of station travel

19 (including all expenses thereof for organizational move20 ments), and expenses of temporary duty travel between

21 permanent duty stations, for members of the Navy on ac22 tive duty (except members of the Reserve provided for

23 elsewhere), midshipmen, and aviation cadets; and for pay24 ments pursuant to section 156 of Public Law 97–377, as

25 amended (42 U.S.C. 402 note), to section 229(b) of the
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1 Social Security Act (42 U.S.C. 429(b)), and to the De2 partment of Defense Military Retirement Fund;

3 $17,692,537,000 $17,638,483,000.

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, interest on

6 deposits, gratuities, permanent change of station travel

7 (including all expenses thereof for organizational move8 ments), and expenses of temporary duty travel between

9 permanent duty stations, for members of the Marine

10 Corps on active duty (except members of the Reserve pro11 vided for elsewhere); and for payments pursuant to section

12 156 of Public Law 97–377, as amended (42 U.S.C. 402

13 note), to section 229(b) of the Social Security Act (42

14 U.S.C. 429(b)), and to the Department of Defense Mili15 tary Retirement Fund; $5,816,671,000 $5,806,471,000.

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, interest on

18 deposits, gratuities, permanent change of station travel

19 (including all expenses thereof for organizational move20 ments), and expenses of temporary duty travel between

21 permanent duty stations, for members of the Air Force

22 on active duty (except members of reserve components

23 provided for elsewhere), cadets, and aviation cadets; and

24 for payments pursuant to section 156 of Public Law 97–

25 377, as amended (42 U.S.C. 402 note), to section 229(b)
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1 of the Social Security Act (42 U.S.C. 429(b)), and to the

2 Department of Defense Military Retirement Fund;

3 $17,311,379,000 $17,031,179,000.

4 RESERVE PERSONNEL, ARMY

5 For pay, allowances, clothing, subsistence, gratuities,

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 265, 3021, and 3038

8 of title 10, United States Code, or while serving on active

9 duty under section 672(d) of title 10, United States Code,

10 in connection with performing duty specified in section

11 678(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty or other duty, and for members of the Reserve

14 Officers’ Training Corps, and expenses authorized by sec15 tion 2131 of title 10, United States Code; and for pay16 ments to the Department of Defense Military Retirement

17 Fund; $2,183,620,000 $2,178,620,000.

18 RESERVE PERSONNEL, NAVY

19 For pay, allowances, clothing, subsistence, gratuities,

20 travel, and related expenses for personnel of the Navy Re21 serve on active duty under section 265 of title 10, United

22 States Code, or while serving on active duty under section

23 672(d) of title 10, United States Code, in connection with

24 performing duty specified in section 678(a) of title 10,

25 United States Code, or while undergoing reserve training,
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1 or while performing drills or equivalent duty, and for

2 members of the Reserve Officers’ Training Corps, and ex3 penses authorized by section 2131 of title 10, United

4 States Code; and for payments to the Department of De5 fense Military Retirement Fund; $1,398,609,000

6 $1,418,723,000.

7 RESERVE PERSONNEL, MARINE CORPS

8 For pay, allowances, clothing, subsistence, gratuities,

9 travel, and related expenses for personnel of the Marine

10 Corps Reserve on active duty under section 265 of title

11 10, United States Code, or while serving on active duty

12 under section 672(d) of title 10, United States Code, in

13 connection with performing duty specified in section

14 678(a) of title 10, United States Code, or while under15 going reserve training, or while performing drills or equiv16 alent duty, and for members of the Marine Corps platoon

17 leaders class, and expenses authorized by section 2131 of

18 title 10, United States Code; and for payments to the De19 partment of Defense Military Retirement Fund;

20 $354,048,000 $351,098,000.

21 RESERVE PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities,

23 travel, and related expenses for personnel of the Air Force

24 Reserve on active duty under sections 265, 8021, and

25 8038 of title 10, United States Code, or while serving on
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1 active duty under section 672(d) of title 10, United States

2 Code, in connection with performing duty specified in sec3 tion 678(a) of title 10, United States Code, or while un4 dergoing reserve training, or while performing drills or

5 equivalent duty or other duty, and for members of the Air

6 Reserve Officers’ Training Corps, and expenses authorized

7 by section 2131 of title 10, United States Code; and for

8 payments to the Department of Defense Military Retire9 ment Fund; $782,434,000 $774,834,000.

10 NATIONAL GUARD PERSONNEL, ARMY

11 For pay, allowances, clothing, subsistence, gratuities,

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 265, 3021, or

14 3496 of title 10 or section 708 of title 32, United States

15 Code, or while serving on duty under section 672(d) of

16 title 10 or section 502(f) of title 32, United States Code,

17 in connection with performing duty specified in section

18 678(a) of title 10, United States Code, or while under19 going training, or while performing drills or equivalent

20 duty or other duty, and expenses authorized by section

21 2131 of title 10, United States Code; and for payments

22 to the Department of Defense Military Retirement Fund;

23 $3,378,705,000 $3,371,605,000.
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For pay, allowances, clothing, subsistence, gratuities,

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 265, 8021, or 8496

5 of title 10 or section 708 of title 32, United States Code,

6 or while serving on duty under section 672(d) of title 10

7 or section 502(f) of title 32, United States Code, in con8 nection with performing duty specified in section 678(a)

9 of title 10, United States Code, or while undergoing train10 ing, or while performing drills or equivalent duty or other

11 duty, and expenses authorized by section 2131 of title 10,

12 United States Code; and for payments to the Department

13 of Defense Military Retirement Fund; $1,238,029,000

14 $1,244,729,000.

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance of the Army, as author21 ized by law; and not to exceed $14,437,000 can be used

22 for emergencies and extraordinary expenses, to be ex23 pended on the approval or authority of the Secretary of

24 the Army, and payments may be made on his certificate

25 of necessity for confidential military purposes;
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1 $17,836,504,000 $17,475,806,000,–of which $150,000,000

2 for real property maintenance shall be made available for

3 obligation until September 30, 1996 and, in addition,

4 $50,000,000 shall be derived by transfer from the Na5 tional Defense Stockpile Transaction Fund:–Provided,

6 That of the funds appropriated in this paragraph, not less

7 than $388,599,000 shall be made available only for con8 ventional ammunition care and maintenance: Provided fur9 ther, That of the funds appropriated in this paragraph,

10 $5,800,000 shall be available only for removal of Depart11 ment of Defense equipment from Pine Bluff Arsenal: Pro12 vided further, That of the funds appropriated in this para13 graph, $473,763,000 shall not be obligated or expended

14 until authorized by law: Provided, That of the funds appro15 priated under this heading, not less than $5,000,000 shall

16 be made available only for payment to the DOD 50th Anni17 versary of World War II Commemoration Appropriation.

18 OPERATION AND MAINTENANCE, NAVY

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance of the Navy and the

22 Marine Corps, as authorized by law; and not to exceed

23 $4,301,000 can be used for emergencies and extraordinary

24 expenses, to be expended on the approval or authority of

25 the Secretary of the Navy, and payments may be made
9

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1 on his certificate of necessity for confidential military pur2 poses; $21,316,555,000 $21,275,770,000,–of which

3 $200,000,000 for real property maintenance shall be made

4 available for obligation until September 30, 1996 and, in

5 addition, $50,000,000 shall be derived by transfer from

6 the National Defense Stockpile Transaction Fund:–Pro7 vided, That of the funds appropriated in this paragraph,

8 $1,206,359,000 shall not be obligated or expended until

9 authorized by law: Provided, That of the funds appro10 priated under this heading, not less than $2,436,700,000

11 shall be made available for depot maintenance, repair and

12 overhaul of United States Navy ships prior to September

13 30, 1995.

14 OPERATION AND MAINTENANCE, MARINE CORPS

15 For expenses, not otherwise provided for, necessary

16 for the operation and maintenance of the Marine Corps,

17 as authorized by law; $2,097,395,000 $1,968,965,000,–of

18 which $66,000,000 for real property maintenance shall be

19 made available for obligation until September 30, 1996:

20 Provided, That of the funds appropriated in this para21 graph, $100,300,000 shall not be obligated or expended

22 until authorized by law.
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1 OPERATION AND MAINTENANCE, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance of the Air Force, as

5 authorized by law; and not to exceed $8,762,000 can be

6 used for emergencies and extraordinary expenses, to be ex7 pended on the approval or authority of the Secretary of

8 the Air Force, and payments may be made on his certifi9 cate of necessity for confidential military purposes;

10 $18,913,050,000 $18,786,243,000,–of which $84,000,000

11 for real property maintenance shall be made available for

12 obligation until September 30, 1996 and, in addition,

13 $50,000,000 shall be derived by transfer from the Na14 tional Defense Stockpile Transaction Fund:–Provided,

15 That of the funds appropriated in this paragraph,

16 $179,592,000 shall not be obligated or expended until au17 thorized by law.

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance of activities and agen22 cies of the Department of Defense (other than the military

23 departments), as authorized by law; $8,945,266,000

24 $9,986,654,000 and, in addition, $100,000,000 shall be de25 rived by transfer from the National Defense Stockpile
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1 Transaction Fund, of which not to exceed $25,000,000

2 may be available for the CINC initiative fund account; and

3 of which not to exceed $23,768,000 can be used for emer4 gencies and extraordinary expenses, to be expended on the

5 approval or authority of the Secretary of Defense, and

6 payments may be made on his certificate of necessity for

7 confidential military purposes: Provided, That of the funds

8 appropriated under this heading, $20,000,000 shall be made

9 available only for the repair and maintenance of federally

10 owned education facilities located on military installations.

11 OPERATION AND MAINTENANCE, ARMY RESERVE

12 For expenses, not otherwise provided for, necessary

13 for the operation and maintenance, including training, or14 ganization, and administration, of the Army Reserve; re15 pair of facilities and equipment; hire of passenger motor

16 vehicles; travel and transportation; care of the dead; re17 cruiting; procurement of services, supplies, and equip18 ment; and communications; $1,240,109,000

19 $1,253,709,000.

20 OPERATION AND MAINTENANCE, NAVY RESERVE

21 For expenses, not otherwise provided for, necessary

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Navy Reserve; re24 pair of facilities and equipment; hire of passenger motor

25 vehicles; travel and transportation; care of the dead; re-
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1 cruiting; procurement of services, supplies, and equip2 ment; and communications; $834,119,000 $827,819,000:–

3 Provided, That of the funds appropriated in this para4 graph, $6,300,000 shall not be obligated or expended until

5 authorized by law.

6 OPERATION AND MAINTENANCE, MARINE CORPS

7 RESERVE

8 For expenses, not otherwise provided for, necessary

9 for the operation and maintenance, including training, or10 ganization, and administration, of the Marine Corps Re11 serve; repair of facilities and equipment; hire of passenger

12 motor vehicles; travel and transportation; care of the dead;

13 recruiting; procurement of services, supplies, and equip14 ment; and communications; $83,542,000 $80,562,000:–

15 Provided, That of the funds appropriated in this para16 graph, $2,080,000 shall not be obligated or expended until

17 authorized by law.

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Air Force Reserve;

22 repair of facilities and equipment; hire of passenger motor

23 vehicles; travel and transportation; care of the dead; re24 cruiting; procurement of services, supplies, and equip25 ment; and communications; $1,486,805,000
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1 $1,455,872,000:–Provided, That of the funds appropriated

2 in this paragraph $5,473,000 shall not be obligated or ex3 pended until authorized by law.

4 OPERATION AND MAINTENANCE, ARMY NATIONAL

5 GUARD

6 For expenses of training, organizing, and administer7 ing the Army National Guard, including medical and hos8 pital treatment and related expenses in non-Federal hos9 pitals; maintenance, operation, and repairs to structures

10 and facilities; hire of passenger motor vehicles; personnel

11 services in the National Guard Bureau; travel expenses

12 (other than mileage), as authorized by law for Army per13 sonnel on active duty, for Army National Guard division,

14 regimental, and battalion commanders while inspecting

15 units in compliance with National Guard Bureau regula16 tions when specifically authorized by the Chief, National

17 Guard Bureau; supplying and equipping the Army Na18 tional Guard as authorized by law; and expenses of repair,

19 modification, maintenance, and issue of supplies and

20 equipment (including aircraft); $2,498,868,000

21 $2,442,135,000:–Provided, That of the funds appropriated

22 in this paragraph, $10,000,000 shall be made available

23 only for a National Guard Outreach Program in the Los

24 Angeles School District: Provided further, That of the
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1 funds appropriated in this paragraph, $50,253,000 shall

2 not be obligated or expended until authorized by law.

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For operation and maintenance of the Air National

5 Guard, including medical and hospital treatment and re6 lated expenses in non-Federal hospitals; maintenance, op7 eration, repair, and other necessary expenses of facilities

8 for the training and administration of the Air National

9 Guard, including repair of facilities, maintenance, oper10 ation, and modification of aircraft; transportation of

11 things; hire of passenger motor vehicles; supplies, mate12 rials, and equipment, as authorized by law for the Air Na13 tional Guard; and expenses incident to the maintenance

14 and use of supplies, materials, and equipment, including

15 such as may be furnished from stocks under the control

16 of agencies of the Department of Defense; travel expenses

17 (other than mileage) on the same basis as authorized by

18 law for Air National Guard personnel on active Federal

19 duty, for Air National Guard commanders while inspecting

20 units in compliance with National Guard Bureau regula21 tions when specifically authorized by the Chief, National

22 Guard Bureau; $2,797,978,000 $2,780,178,000: Provided,

23 That of the funds appropriated under this heading,

24 $1,500,000 $9,200,000 shall be made available only for the

25 operation of Air National Guard C–130 operational sup-
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1 port aircraft of the 159th Air National Guard Fighter

2 Group, the 146th Airlift Wing, and the South Carolina Air

3 National Guard 169th Fighter Group unit:–Provided fur4 ther, That of the funds appropriated in this paragraph,

5 $17,800,000 shall not be obligated or expended until au6 thorized by law.

7 NATIONAL BOARD FOR THE PROMOTION OF RIFLE

8 PRACTICE, ARMY

9 For the necessary expenses and personnel services

10 (other than pay and non-travel-related allowances of mem11 bers of the Armed Forces of the United States, except for

12 members of the reserve components thereof called or or13 dered to active duty to provide support for the national

14 matches) in accordance with law, for operation and main15 tenance of rifle ranges; the instruction of citizens in

16 marksmanship; the promotion of rifle practice; the conduct

17 of the national matches; the sale of ammunition under the

18 authority of title 10, United States Code, sections 4308

19 and 4311; the travel of rifle teams, military personnel, and

20 individuals attending regional, national, and international

21 competitions; and the payment to competitors at national

22 matches under section 4312 of title 10, United States

23 Code, of subsistence and travel allowances under section

24 4313 of title 10, United States Code; not to exceed

25 $2,544,000.
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1 COURT OF MILITARY APPEALS, DEFENSE

2 For salaries and expenses necessary for the United

3 States Court of Military Appeals; $6,126,000, of which

4 not to exceed $2,500 can be used for official representa5 tion purposes.

6 ENVIRONMENTAL RESTORATION, DEFENSE

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of Defense; $1,880,200,000

9 $2,034,075,000, to remain available until transferred: Pro10 vided, That the Secretary of Defense shall, upon determin11 ing that such funds are required for environmental res12 toration, reduction and recycling of hazardous waste, re13 moval of unsafe buildings and debris of the Department

14 of Defense, or for similar purposes (including programs

15 and operations at sites formerly used by the Department

16 of Defense), transfer the funds made available by this ap17 propriation to other appropriations made available to the

18 Department of Defense as the Secretary may designate,

19 to be merged with and to be available for the same pur20 poses and for the same time period as the appropriations

21 of funds to which transferred: Provided further, That upon

22 a determination that all or part of the funds transferred

23 from this appropriation are not necessary for the purposes

24 provided herein, such amounts may be transferred back

25 to this appropriation.
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1 SUPPORT FOR INTERNATIONAL SPORTING

2 COMPETITIONS, DEFENSE

3 For the account ‘‘Support for International Sporting

4 Competitions, Defense’’; $7,900,000, to be merged with

5 and to be available for the same purposes and the same

6 time period as that appropriation: Provided, That of the

7 funds in that appropriation not more than $1,500,000

8 may be used for the 1995 Special Olympics: Provided fur9 ther, That of the funds in that appropriation not more

10 than $4,400,000 may be used for the 1996 Paralympics:

11 Provided further, That funds appropriated in this para12 graph shall not be obligated or expended until authorized

13 by law.

14 SUMMER OLYMPICS

15 For logistical support and personnel services (other

16 than pay and non-travel-related allowances of members of

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

18 of the reserve components thereof called or ordered to active

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

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

21 component of the Department of Defense to the 1996 Games

22 of the XXVI Olympiad; $10,000,000.

23 1995 SPECIAL OLYMPICS WORLD GAMES

24 For logistical support and personnel services (other

25 than pay and non-travel-related allowances of members of
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1 the Armed Forces of the United States, except for members

2 of the reserve components thereof called or ordered to active

3 duty to provide support for the 1995 Special Olympics

4 World Games to be held in New Haven, Connecticut) pro5 vided by any component of the Department of Defense to

6 the 1995 Special Olympics World Games; $3,000,000.

7 HUMANITARIAN ASSISTANCE

8 For transportation for humanitarian relief for the

9 people of Afghanistan, the Kurdish population and other

10 minorities of northern Iraq, and the people of sub-Saharan

11 Africa, acquisition and shipment of transportation assets

12 to assist in the distribution of such relief, and for trans13 portation and distribution of humanitarian relief supplies,

14 and excess non-lethal property; $60,000,000 $71,900,000

15 of which $12,000,000 $10,000,000 shall be made available

16 only for activities to support the clearing of landmines for

17 humanitarian purposes.

18 FORMER SOVIET UNION THREAT REDUCTION

19 For assistance to the republics of the former Soviet

20 Union, including assistance provided by contract or by

21 grants, for facilitating the elimination and the safe and se22 cure transportation and storage of nuclear, chemical and

23 other weapons; for providing incentives for demilitariza24 tion; for establishing programs to prevent the proliferation

25 of weapons, weapons components, and weapons-related tech-
19

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1 nology and expertise; for expansion of military-to-military

2 contacts; for supporting the conversion of military tech3 nologies and capabilities into civilian activities; and for re4 training military personnel of the former Soviet Union;

5 $400,000,000 to remain available until expended: Provided,

6 That of the funds appropriated under this heading,

7 $10,000,000 shall be made available only for the continuing

8 study, assessment, and identification of nuclear waste dis9 posal by the former Soviet Union in the Arctic and North

10 Pacific regions.

11 REAL PROPERTY MAINTENANCE, DEFENSE

12 (INCLUDING TRANSFER OF FUNDS)

13 For the maintenance of real property of the Depart14 ment of Defense, in addition to amounts provided for this

15 purpose under other headings of this title of this Act,

16 $500,000,000 to remain available for obligation until July

17 1, 1995: Provided, That such funds shall be available only

18 for repairing property which has been defined by the De19 partment of Defense as part of a backlog of maintenance

20 and repair projects in the justification material accom21 panying the President’s budget request for fiscal year 1995:

22 Provided further, That such funds shall be allocated by the

23 Comptroller, Department of Defense for the projects deter24 mined by the military components as the highest priority

25 for repair.
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1 TITLE III

2 PROCUREMENT

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including

6 ordnance, ground handling equipment, spare parts, and

7 accessories therefor; specialized equipment and training

8 devices; expansion of public and private plants, including

9 the land necessary therefor, for the foregoing purposes,

10 and such lands and interest therein, may be acquired, and

11 construction prosecuted thereon prior to approval of title;

12 and procurement and installation of equipment, appli13 ances, and machine tools in public and private plants; re14 serve plant and Government and contractor-owned equip15 ment layaway; and other expenses necessary for the fore16 going purposes; $1,264,198,000 $1,062,581,000, to remain

17 available for obligation until September 30, 1997: Pro18 vided, That the Secretary of the Army will report to the

19 House and Senate Committees on Appropriations the doc20 trine, organization and mission statement for the High Ca21 pacity Air Ambulance concept not later than May 15, 1995.

22 MISSILE PROCUREMENT, ARMY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, equipment, including

25 ordnance, ground handling equipment, spare parts, and
21

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1 accessories therefor; specialized equipment and training

2 devices; expansion of public and private plants, including

3 the land necessary therefor, for the foregoing purposes,

4 and such lands and interests therein, may be acquired,

5 and construction prosecuted thereon prior to approval of

6 title; and procurement and installation of equipment, ap7 pliances, and machine tools in public and private plants;

8 reserve plant and Government and contractor-owned

9 equipment layaway; and other expenses necessary for the

10 foregoing purposes; $728,095,000 $707,895,000, to remain

11 available for obligation until September 30, 1997:–Pro12 vided, That of the funds appropriated in this paragraph,

13 $42,959,000 shall not be obligated or expended until au14 thorized by law.

15 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

16 VEHICLES, ARMY

17 For construction, procurement, production, and

18 modification of weapons and tracked combat vehicles,

19 equipment, including ordnance, spare parts, and acces20 sories therefor; specialized equipment and training devices;

21 expansion of public and private plants, including the land

22 necessary therefor, for the foregoing purposes, and such

23 lands and interests therein, may be acquired, and con24 struction prosecuted thereon prior to approval of title; and

25 procurement and installation of equipment, appliances,
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1 and machine tools in public and private plants; reserve

2 plant and Government and contractor-owned equipment

3 layaway; and other expenses necessary for the foregoing

4 purposes; $1,001,873,000 $1,129,514,000, to remain avail5 able for obligation until September 30, 1997:–Provided,

6 That of the funds appropriated in this paragraph,

7 $58,987,000 shall not be obligated or expended until au8 thorized by law.

9 PROCUREMENT OF AMMUNITION, ARMY

10 For construction, procurement, production, and

11 modification of ammunition, and accessories therefor; spe12 cialized equipment and training devices; expansion of pub13 lic and private plants, including ammunition facilities au14 thorized by section 2854, title 10, United States Code, and

15 the land necessary therefor, for the foregoing purposes,

16 and such lands and interests therein, may be acquired,

17 and construction prosecuted thereon prior to approval of

18 title; and procurement and installation of equipment, ap19 pliances, and machine tools in public and private plants;

20 reserve plant and Government and contractor-owned

21 equipment layaway; and other expenses necessary for the

22 foregoing purposes; $1,274,644,000 $877,761,000, to re23 main available for obligation until September 30, 1997:

24 Provided, That of the amounts appropriated for the

25 ARMS program in ‘‘Procurement of Ammunition, Army,
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1 1993/1995’’, $43,000,000 may be available to fund sub2 sidy costs of loan guarantees authorized to be made under

3 that program:–Provided further, That of the funds appro4 priated in this paragraph, $419,761,000 shall not be obli5 gated or expended until authorized by law: Provided fur6 ther, That notwithstanding any other provision of law, of

7 the amounts appropriated for the ARMS program in ‘‘Pro8 curement of Ammunition, Army, 1993/1995’’, up to

9 $2,500,000 shall be made available to the William Langer

10 Plant for capital investment, operations, and such other ex11 penditures as may be necessary to maintain the Plant as

12 a going concern while it is being excessed under the provi13 sions of the Federal Property and Administrative Services

14 Act.

15 OTHER PROCUREMENT, ARMY

16 For construction, procurement, production, and

17 modification of vehicles, including tactical, support, and

18 nontracked combat vehicles; communications and elec19 tronic equipment; other support equipment; spare parts,

20 ordnance, and accessories therefor; specialized equipment

21 and training devices; expansion of public and private

22 plants, including the land necessary therefor, for the fore23 going purposes, and such lands and interests therein, may

24 be acquired, and construction prosecuted thereon prior to

25 approval of title; and procurement and installation of
24

HR 4650 RS

1 equipment, appliances, and machine tools in public and

2 private plants; reserve plant and Government and contrac3 tor-owned equipment layaway; and other expenses nec4 essary for the foregoing purposes; $2,348,806,000

5 $2,646,048,000, to remain available for obligation until

6 September 30, 1997.

7 AIRCRAFT PROCUREMENT, NAVY

8 For construction, procurement, production, modifica9 tion, and modernization of aircraft, equipment, including

10 ordnance, spare parts, and accessories therefor; specialized

11 equipment; expansion of public and private plants, includ12 ing the land necessary therefor, and such lands and inter13 ests therein, may be acquired, and construction prosecuted

14 thereon prior to approval of title; and procurement and

15 installation of equipment, appliances, and machine tools

16 in public and private plants; reserve plant and Govern17 ment and contractor-owned equipment layaway;

18 $4,820,442,000 $4,531,789,000, to remain available for

19 obligation until September 30, 1997:–Provided, That of

20 the funds appropriated in this paragraph, $232,435,000

21 shall not be obligated or expended until authorized by law.

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts,
25

HR 4650 RS

1 and accessories therefor; expansion of public and private

2 plants, including the land necessary therefor, and such

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and

5 procurement and installation of equipment, appliances,

6 and machine tools in public and private plants; reserve

7 plant and Government and contractor-owned equipment

8 layaway; $1,969,336,000 $1,858,200,000, to remain avail9 able for obligation until September 30, 1997:–Provided,

10 That of the funds appropriated in this paragraph,

11 $70,458,000 shall not be obligated or expended until au12 thorized by law: Provided, That, in addition to the fore13 going purposes, funds appropriated under this heading

14 shall be available to liquidate deficiencies in appropriations

15 provided under this heading in prior Department of De16 fense appropriations Acts without regard to any provision

17 of law limiting or restricting amounts which may be

18 charged to currently available appropriations with respect

19 to funds provided in prior appropriations Acts.

20 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

21 CORPS

22 For construction, procurement, production, and

23 modification of ammunition, and accessories therefor; spe24 cialized equipment and training devices; expansion of pub25 lic and private plants, including ammunition facilities au-
26

HR 4650 RS

1 thorized by section 2854, title 10, United States Code, and

2 the land necessary therefor, for the foregoing purposes,

3 and such lands and interests therein, may be acquired,

4 and construction prosecuted thereon prior to approval of

5 title; and procurement and installation of equipment, ap6 pliances, and machine tools in public and private plants;

7 reserve plant and Government and contractor-owned

8 equipment layaway; and other expenses necessary for the

9 foregoing purposes; as follows:

10 For the Navy, $335,368,000;

11 For the Marine Corps, $158,442,000;

12 In all: $493,810,000 $432,815,000, to remain available for

13 obligation until September 30, 1997:–Provided, That of

14 the funds appropriated in this paragraph, $34,500,000

15 shall not be obligated or expended until authorized by law.

16 SHIPBUILDING AND CONVERSION, NAVY

17 (INCLUDING TRANSFER OF FUNDS)

18 For expenses necessary for the construction, acquisi19 tion, or conversion of vessels as authorized by law, includ20 ing armor and armament thereof, plant equipment, appli21 ances, and machine tools and installation thereof in public

22 and private plants; reserve plant and Government and con23 tractor-owned equipment layaway; procurement of critical,

24 long leadtime components and designs for vessels to be

25 constructed or converted in the future; and expansion of
27

HR 4650 RS

1 public and private plants, including land necessary there2 for, and such lands and interests therein, may be acquired,

3 and construction prosecuted thereon prior to approval of

4 title, as follows:

5 Carrier replacement program, $2,446,958,000

6 $2,284,925,000;

7 CVN Refuelings, $38,328,000;

8 DDG–51 destroyer program, $2,607,690,000

9 $2,660,690,000;

10 LHD–1 amphibious assault ship program,

11 $50,000,000: Provided, That such funds shall not be

12 obligated or expended until such time that there are

13 sufficient funds made available for the LHD ship pro14 gram to execute an existing contract option or any

15 extension thereto for LHD–7: Provided further, That

16 such funds shall not be transferred, reprogrammed, or

17 used for any purpose other than the LHD ship pro18 gram: Provided further, That such funds shall remain

19 available for obligation until expended: Provided fur20 ther, That the Secretary of the Navy shall extend this

21 existing contract option for the LHD–7 ship for not

22 less than one year and shall negotiate any change in

23 option price made necessary by such extension;

24 Nuclear submarine main steam condenser in25 dustrial base, $1,000,000;
28

HR 4650 RS

1 Cost growth on prior years’ programs,

2 $8,200,000;

3 For craft, outfitting, post delivery, conversions,

4 and first destination transportation, $357,521,000

5 $349,031,000;

6 For escalation, $146,000,000;

7 In all: $5,471,369,000 $5,528,974,000, and, in addition,

8 $1,200,000,000 shall be derived by transfer from the Na9 tional Defense Sealift Fund for additional funding for the

10 Carrier replacement program, all to remain available for

11 obligation until September 30, 1999: Provided, That addi12 tional obligations may be incurred after September 30,

13 1999, for engineering services, tests, evaluations, and

14 other such budgeted work that must be performed in the

15 final stage of ship construction: Provided further, That

16 none of the funds herein provided for the construction or

17 conversion of any naval vessel to be constructed in ship18 yards in the United States shall be expended in foreign

19 facilities for the construction of major components of such

20 vessel: Provided further, That none of the funds herein

21 provided shall be used for the construction of any naval

22 vessel in foreign shipyards.

23 OTHER PROCUREMENT, NAVY

24 For procurement, production, and modernization of

25 support equipment and materials not otherwise provided
29

HR 4650 RS

1 for, Navy ordnance (except ordnance for new aircraft, new

2 ships, and ships authorized for conversion); the purchase

3 of not to exceed 262 passenger motor vehicles, of which

4 162 shall be for replacement only; expansion of public and

5 private plants, including the land necessary therefor, and

6 such lands and interests therein, may be acquired, and

7 construction prosecuted thereon prior to approval of title;

8 and procurement and installation of equipment, appli9 ances, and machine tools in public and private plants; re10 serve plant and Government and contractor-owned equip11 ment layaway; $3,271,088,000 $3,309,698,000, to remain

12 available for obligation until September 30, 1997:–Pro13 vided, That of the funds appropriated in this paragraph,

14 $29,477,000 shall not be obligated or expended until au15 thorized by law.

16 PROCUREMENT, MARINE CORPS

17 For expenses necessary for the procurement, manu18 facture, and modification of missiles, armament, military

19 equipment, spare parts, and accessories therefor; plant

20 equipment, appliances, and machine tools, and installation

21 thereof in public and private plants; reserve plant and

22 Government and contractor-owned equipment layaway; ve23 hicles for the Marine Corps, including the purchase of not

24 to exceed 103 passenger motor vehicles for replacement

25 only; and expansion of public and private plants, including
30

HR 4650 RS

1 land necessary therefor, and such lands and interests

2 therein, may be acquired and construction prosecuted

3 thereon prior to approval of title; $452,178,000

4 $403,410,000, to remain available for obligation until Sep5 tember 30, 1997:–Provided, That of the funds appro6 priated in this paragraph, $58,768,000 shall not be obli7 gated or expended until authorized by law.

8 AIRCRAFT PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of

10 aircraft and equipment, including armor and armament,

11 specialized ground handling equipment, and training de12 vices, spare parts, and accessories therefor; specialized

13 equipment; expansion of public and private plants, Gov14 ernment-owned equipment and installation thereof in such

15 plants, erection of structures, and acquisition of land, for

16 the foregoing purposes, and such lands and interests

17 therein, may be acquired, and construction prosecuted

18 thereon prior to approval of title; reserve plant and Gov19 ernment and contractor-owned equipment layaway; and

20 other expenses necessary for the foregoing purposes in21 cluding rents and transportation of things;

22 $6,182,199,000 $6,571,524,000, to remain available for

23 obligation until September 30, 1997:–Provided, That not

24 less than $103,700,000 of the funds appropriated in this

25 paragraph shall be used only to initiate procurement of
31

HR 4650 RS

1 non-developmental airlift aircraft no later than September

2 30, 1995: Provided further, That the Department of the

3 Air Force shall qualify a second source producer for the

4 C–17 transport aircraft engine and competitively contract

5 for the procurement of the C–17 engine no later than Sep6 tember 30, 1997: Provided further, That of the funds ap7 propriated in this paragraph, $80,432,000 shall not be ob8 ligated or expended until authorized by law.

9 MISSILE PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of

11 missiles, spacecraft, rockets, and related equipment, in12 cluding spare parts and accessories therefor, ground han13 dling equipment, and training devices; expansion of public

14 and private plants, Government-owned equipment and in15 stallation thereof in such plants, erection of structures,

16 and acquisition of land, for the foregoing purposes, and

17 such lands and interests therein, may be acquired, and

18 construction prosecuted thereon prior to approval of title;

19 reserve plant and Government and contractor-owned

20 equipment layaway; and other expenses necessary for the

21 foregoing purposes including rents and transportation of

22 things; $2,758,285,000 $3,620,055,000, to remain avail23 able for obligation until September 30, 1997.
32

HR 4650 RS

1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For construction, procurement, production, and

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities au6 thorized by section 2854, title 10, United States Code, and

7 the land necessary therefor, for the foregoing purposes,

8 and such lands and interests therein, may be acquired,

9 and construction prosecuted thereon prior to approval of

10 title; and procurement and installation of equipment, ap11 pliances, and machine tools in public and private plants;

12 reserve plant and Government and contractor-owned

13 equipment layaway; and other expenses necessary for the

14 foregoing purposes; $278,681,000 $283,173,000, to remain

15 available for obligation until September 30, 1997:–Pro16 vided, That of the funds appropriated in this paragraph,

17 $18,963,000 shall not be obligated or expended until au18 thorized by law.

19 OTHER PROCUREMENT, AIR FORCE

20 For procurement and modification of equipment (in21 cluding ground guidance and electronic control equipment,

22 and ground electronic and communication equipment),

23 and supplies, materials, and spare parts therefor, not oth24 erwise provided for; the purchase of not to exceed 678 pas25 senger motor vehicles for replacement only; and expansion
33

HR 4650 RS

1 of public and private plants, Government-owned equip2 ment and installation thereof in such plants, erection of

3 structures, and acquisition of land, for the foregoing pur4 poses, and such lands and interests therein, may be ac5 quired, and construction prosecuted thereon, prior to ap6 proval of title; reserve plant and Government and contrac7 tor-owned equipment layaway; $6,886,613,000

8 $6,897,696,000, to remain available for obligation until

9 September 30, 1997:–Provided, That of the funds appro10 priated in this paragraph, $31,190,000 shall not be obli11 gated or expended until authorized by law.

12 PROCUREMENT, DEFENSE-WIDE

13 For expenses of activities and agencies of the Depart14 ment of Defense (other than the military departments)

15 necessary for procurement, production, and modification

16 of equipment, supplies, materials, and spare parts there17 for, not otherwise provided for; the purchase of not to ex18 ceed 437 passenger motor vehicles, of which 431 shall be

19 for replacement only; expansion of public and private

20 plants, equipment, and installation thereof in such plants,

21 erection of structures, and acquisition of land for the fore22 going purposes, and such lands and interests therein, may

23 be acquired, and construction prosecuted thereon prior to

24 approval of title; reserve plant and Government and con25 tractor-owned equipment layaway; $3,020,616,000
34

HR 4650 RS

1 $1,894,916,000, to remain available for obligation until

2 September 30, 1997:–Provided, That of the funds appro3 priated in this paragraph, $953,922,000 shall not be obli4 gated or expended until authorized by law.

5 NATIONAL GUARD AND RESERVE EQUIPMENT

6 For procurement of aircraft, missiles, tracked combat

7 vehicles, ammunition, other weapons, and other procure8 ment for the reserve components of the Armed Forces;

9 $796,200,000 $952,000,000, to remain available for obli10 gation until September 30, 1997:–Provided, That of the

11 funds appropriated in this paragraph, $9,000,000 shall

12 not be obligated or expended until authorized by law.

13 TITLE IV

14 RESEARCH, DEVELOPMENT, TEST AND

15 EVALUATION

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

17 ARMY

18 For expenses necessary for basic and applied sci19 entific research, development, test and evaluation, includ20 ing maintenance, rehabilitation, lease, and operation of fa21 cilities and equipment, as authorized by law;

22 $5,456,498,000 $5,304,329,000, to remain available for

23 obligation until September 30, 1996:–Provided, That of

24 the funds appropriated in this paragraph, $35,695,000

25 shall not be obligated or expended until authorized by law.
35

HR 4650 RS

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 NAVY

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, as authorized by law;

7 $8,598,958,000 $8,790,331,000, to remain available for

8 obligation until September 30, 1996:–Provided, That for

9 continued research and development programs at the Na10 tional Center for Physical Acoustics, centering on ocean

11 acoustics as it applies to advanced antisubmarine warfare

12 acoustics issues with focus on ocean bottom acoustics,

13 seismic coupling, sea-surface and bottom scattering, oce14 anic ambient noise, underwater sound propagation, bubble

15 related ambient noise, acoustically active surfaces, ma16 chinery noise, propagation physics, solid state acoustics,

17 electrorheological fluids, transducer development, ultra18 sonic sensors, and other such projects as may be agreed

19 upon, $1,000,000 shall be made available, as a grant, to

20 the Mississippi Resource Development Corporation, of

21 which not to exceed $250,000 of such sum may be used

22 to provide such special equipment as may be required for

23 particular projects: Provided further, That none of the

24 funds appropriated in this paragraph may be obligated or

25 expended to develop or purchase equipment for an Aegis
36

HR 4650 RS

1 destroyer variant (commonly known as ‘‘Flight IIA’’)

2 whose initial operating capability is budgeted to be

3 achieved prior to the initial operating capability of the

4 Ship Self-Defense program, nor to develop sensor, proc5 essor, or display capabilities which duplicate in any way

6 those being developed in the Ship Self-Defense program:

7 Provided further, That funds appropriated in this para8 graph for development of E–2C aircraft upgrades may not

9 be obligated until the Under Secretary of Defense for Ac10 quisition submits a plan to the Committees on Appropria11 tions and Armed Services of each House of Congress for

12 development and deployment of a fully participating coop13 erative engagement capability on E–2 aircraft to be fielded

14 concurrent with and no later than major computer up15 grades for the aircraft: Provided further, That funds ap16 propriated in this paragraph for development of the LPD–

17 17 ship may not be obligated unless the baseline design

18 of the ship includes cooperative engagement capability and

19 sufficient own-ship self-defense capability against ad20 vanced sea-skimming antiship cruise missiles in the base21 line design to achieve an estimated probability of survival

22 from attack by such missiles at a level no less than any

23 other Navy ship.
37

HR 4650 RS

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, as authorized by law;

7 $10,728,533,000 $12,151,011,000, to remain available for

8 obligation until September 30, 1996:–Provided, That not

9 less than $12,000,000 of the funds appropriated in this

10 paragraph shall be made only for the Joint Seismic Pro11 gram and Global Seismic Network administered by the In12 corporated Research Institutions for Seismology: Provided

13 further, That not less than $20,000,000 of the funds ap14 propriated in this paragraph shall be made available only

15 for the National Center for Manufacturing Sciences

16 (NCMS): Provided, That of the funds appropriated in this

17 paragraph, not less than $13,000,000 of the funds in the

18 Advanced Weapons program element shall be made avail19 able only to continue the establishment and operation of

20 an image information processing center supporting the Air

21 Force Maui Space Surveillance Site (MSSS).
38

HR 4650 RS

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 DEFENSE-WIDE

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses of activities and agencies of the Depart5 ment of Defense (other than the military departments),

6 necessary for basic and applied scientific research, devel7 opment, test and evaluation; advanced research projects

8 as may be designated and determined by the Secretary

9 of Defense, pursuant to law; maintenance, rehabilitation,

10 lease, and operation of facilities and equipment, as author11 ized by law; $9,419,955,000 $8,922,649,000, to remain

12 available for obligation until September 30, 1996:–Pro13 vided, That not less than $120,000,000 of the funds ap14 propriated in this paragraph are available only for the

15 Sea-Based Wide Area Defense program: Provided further,

16 That of the funds appropriated in this paragraph,

17 $361,743,000 shall not be obligated or expended until au18 thorized by law: Provided further, That funds appropriated

19 in this paragraph for development of the TIER II Plus

20 vehicle shall not be obligated until not less than

21 $50,000,000 has been obligated for the TIER III Minus

22 vehicle: Provided, That $27,400,000 shall be available for

23 transfer to the Small Business Administration to cover the

24 costs (as defined in section 502(5) of the Federal Credit Re-
39

HR 4650 RS

1 form Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees

2 issued pursuant to subsection (b)(3) of such section.

3 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

4 For expenses, not otherwise provided for, of inde5 pendent activities of the Director, Test and Evaluation in

6 the direction and supervision of developmental test and

7 evaluation, including performance and joint developmental

8 testing and evaluation; and administrative expenses in

9 connection therewith; $251,495,000 $224,353,000, to re10 main available for obligation until September 30, 1996.

11 OPERATIONAL TEST AND EVALUATION, DEFENSE

12 For expenses, not otherwise provided for, necessary

13 for the independent activities of the Director, Operational

14 Test and Evaluation in the direction and supervision of

15 operational test and evaluation, including initial oper16 ational test and evaluation which is conducted prior to,

17 and in support of, production decisions; joint operational

18 testing and evaluation; and administrative expenses in

19 connection therewith; $12,501,000, to remain available for

20 obligation until September 30, 1996.

21 TITLE V

22 REVOLVING AND MANAGEMENT FUNDS

23 DEFENSE BUSINESS OPERATIONS FUND

24 For the Defense Business Operations Fund;

25 $1,090,438,000 $789,400,000.
40

HR 4650 RS

1 NATIONAL DEFENSE SEALIFT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For National Defense Sealift Fund programs,

4 projects, and activities, $858,600,000 $828,600,000, to re5 main available until expended:–Provided, That

6 $25,000,000 shall be transferred to the Secretary of

7 Transportation for title XI loan guarantees: Provided fur8 ther, That none of the funds provided in this paragraph

9 shall be used to award a new contract that provides for

10 the acquisition of any of the following major components

11 unless such components are manufactured in the United

12 States: auxiliary equipment, including pumps, for all ship13 board services; propulsion system components (that is; en14 gines, reduction gears, and propellers); shipboard cranes;

15 and spreaders for shipboard cranes: Provided further, That

16 the exercise of an option in a contract awarded through

17 the obligation of previously appropriated funds shall not

18 be considered to be the award of a new contract: Provided

19 further, That the Secretary of the military department re20 sponsible for such procurement may waive this restriction

21 on a case-by-case basis by certifying in writing to the

22 Committees on Appropriations of the House of Represent23 atives and the Senate, that adequate domestic supplies are

24 not available to meet Department of Defense requirements

25 on a timely basis and that such an acquisition must be
41

HR 4650 RS

1 made in order to acquire capability for national security

2 purposes: Provided further, That funds appropriated in

3 this paragraph shall not be obligated or expended until

4 authorized by law: Provided, That not to exceed

5 $43,000,000 may be used for the purchase or construction

6 of vessels for the Ready Reserve Force component of the Na7 tional Defense Reserve Fleet, as established by section 11

8 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App.

9 1744).

10 TITLE VI

11 OTHER DEPARTMENT OF DEFENSE PROGRAMS

12 DEFENSE HEALTH PROGRAM

13 For expenses, not otherwise provided for, for medical

14 and health care programs of the Department of Defense,

15 as authorized by law; $9,895,159,000 $9,808,239,000, of

16 which $9,577,770,000 $9,499,350,000 shall be for Oper17 ation and maintenance, of which $317,389,000

18 $308,889,000, to remain available for obligation until Sep19 tember 30, 1997, shall be for Procurement: Provided,

20 That the Department shall continue to competitively con21 tract during fiscal year 1995 for mail service pharmacy

22 for at least two multi-state regions in addition to the ongo23 ing solicitations for Florida, South Carolina, Georgia,

24 Delaware, New Jersey, Pennsylvania, and Hawaii, as well

25 as each base closure area not supported by an at-risk man-
42

HR 4650 RS

1 aged care plan; that such services shall be procured inde2 pendent of any other Department managed care contracts;

3 that one multi-state region shall include the State of Ken4 tucky and that one multi-state region shall include the

5 State of New Mexico:–Provided further, That of the funds

6 appropriated in this paragraph, $8,500,000 shall not be

7 obligated or expended until authorized by law: Provided

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

9 $5,000,000 shall be made available only for nursing re10 search: Provided further, That of the funds appropriated

11 under this heading, $14,500,000 shall be made available for

12 obtaining emergency communications services for members

13 of the Armed Forces and their families from the American

14 National Red Cross as authorized by law: Provided further,

15 That until the end of September 30, 1995, the Secretary

16 of the Air Force shall, through contract or otherwise, con17 tinue to provide primary health care in the base hospital

18 at Plattsburgh Air Force Base, New York, to persons enti19 tled to health care in facilities of the uniformed services.

20 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

21 DEFENSE

22 For expenses, not otherwise provided for, necessary

23 for the destruction of the United States stockpile of lethal

24 chemical agents and munitions in accordance with the pro25 visions of section 1412 of the Department of Defense Au-
43

HR 4650 RS

1 thorization Act, 1986 (50 U.S.C. 1521), and for the de2 struction of other chemical warfare materials that are not

3 in the chemical weapon stockpile, $562,949,000

4 $590,149,000, of which $345,784,000 $363,584,000 shall

5 be for Operation and maintenance, $196,465,000

6 $215,265,000 shall be for Procurement to remain available

7 until September 30, 1997, and $20,700,000 $11,300,000

8 shall be for Research, development, test and evaluation to

9 remain available until September 30, 1996.

10 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

11 DEFENSE

12 (INCLUDING TRANSFER OF FUNDS)

13 For drug interdiction and counter-drug activities of

14 the Department of Defense, for transfer to appropriations

15 available to the Department of Defense for military per16 sonnel of the reserve components serving under the provi17 sions of title 10 and title 32, United States Code; for Op18 eration and maintenance; for Procurement; and for Re19 search, development, test and evaluation; $713,053,000

20 $700,100,000, of which $10,000,000 is hereby transferred to

21 the ‘‘Military Construction, Navy’’ appropriation for con22 struction of a Relocatable Over-the-Horizon Radar in Puer23 to Rico: Provided, That the funds appropriated by this

24 paragraph shall be available for obligation for the same

25 time period and for the same purpose as the appropriation
44

HR 4650 RS

1 to which transferred: Provided further, That the transfer

2 authority provided in this paragraph is in addition to any

3 transfer authority contained elsewhere in this Act.

4 OFFICE OF THE INSPECTOR GENERAL

5 For expenses and activities of the Office of the In6 spector General in carrying out the provisions of the In7 spector General Act of 1978, as amended; $142,098,000

8 $140,872,000, of which $141,098,000 $139,872,000 shall

9 be for Operation and maintenance, of which not to exceed

10 $400,000 is available for emergencies and extraordinary

11 expenses to be expended on the approval or authority of

12 the Inspector General, and payments may be made on his

13 certificate of necessity for confidential military purposes;

14 and of which $1,000,000, to remain available until Sep15 tember 30, 1997, shall be for Procurement.

16 DEFENSE CONVERSION AND REINVESTMENT

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses for transition benefits for

19 military and civilian employees of the Department of De20 fense, and for assistance to communities and industries

21 affected by the military drawdown; for transfer to appro22 priations available to the Department of Defense for Oper23 ation and maintenance, and for Research, development,

24 test and evaluation; $1,401,944,000: Provided, That the

25 funds appropriated by this paragraph shall be available
45

HR 4650 RS

1 for the same time period and for the same purpose as the

2 appropriation to which transferred: Provided further, That

3 the transfer authority provided in this paragraph is in ad4 dition to any transfer authority contained elsewhere in this

5 Act: Provided further, That $50,000,000 shall be available

6 to cover the costs (as defined in section 502(5) of the Fed7 eral Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of

8 loan guarantees issued pursuant to subsection (b)(3) of

9 such section: Provided further, That of the funds appro10 priated in this paragraph, $30,744,000 shall not be obli11 gated or expended until authorized by law.

12 KOREAN ENHANCED READINESS ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses to enhance the readiness of

15 United States Forces to perform the mission assigned to

16 United States Forces, Korea, $250,000,000: Provided,

17 That such funds may be transferred by the Secretary to

18 appropriations made available to the Department of De19 fense for Operation and maintenance, Procurement, and

20 Research, development, test and evaluation: Provided fur21 ther, That the funds appropriated by this paragraph shall

22 be available for the same time period and for the same

23 purpose as the appropriation to which transferred: Pro24 vided further, That the transfer authority provided in this

25 paragraph is in addition to any transfer authority con-
46

HR 4650 RS

1 tained elsewhere in this Act: Provided further, That of the

2 funds appropriated by this paragraph, not less than

3 $55,000,000 shall be transferred to ‘‘Other procurement,

4 Army’’, and not less than $15,000,000 shall be trans5 ferred to ‘‘Research, development, test and evaluation, De6 fense-Wide’’: Provided further, That no funds made avail7 able under this paragraph shall be obligated until 15 days

8 after submission of a report by the Secretary to the House

9 and Senate Committees on Appropriations explaining and

10 justifying the proposed uses of such funds: Provided fur11 ther, That funds appropriated in this paragraph shall not

12 be obligated or expended until authorized by law.

13 TITLE VII

14 NATIONAL FOREIGN INTELLIGENCE PROGRAM

15 RELATED AGENCIES

16 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

17 DISABILITY SYSTEM FUND

18 For payment to the Central Intelligence Agency Re19 tirement and Disability System Fund, to maintain proper

20 funding level for continuing the operation of the Central

21 Intelligence Agency Retirement and Disability System;

22 $198,000,000.
47

HR 4650 RS

1 NATIONAL SECURITY EDUCATION TRUST FUND

2 For the purposes of title VIII of Public Law 102–183,

3 $8,500,000 to be derived from the National Security Edu4 cation Trust Fund, to remain available until expended.

5 COMMUNITY MANAGEMENT ACCOUNT

6 For necessary expenses of the Community Manage7 ment Account; $83,084,000 $105,084,000: Provided, That

8 of the funds appropriated in this paragraph, no more than

9 $2,000,000 may be available for the purchase of informa10 tion system upgrades at the Department of State Bureau

11 of Intelligence and Research.

12 KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

13 ENVIRONMENTAL RESTORATION TRUST FUND

14 For payment to the Kaho’olawe Island Conveyance,

15 Remediation, and Environmental Restoration Trust Fund,

16 as authorized by law, $50,000,000 to remain available until

17 expended.

18 TITLE VIII

19 GENERAL PROVISIONS

20 SEC. 8001. No part of any appropriation contained

21 in this Act shall be used for publicity or propaganda pur22 poses not authorized by the Congress.

23 SEC. 8002. During the current fiscal year, provisions

24 of law prohibiting the payment of compensation to, or em25 ployment of, any person not a citizen of the United States
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1 shall not apply to personnel of the Department of Defense:

2 Provided, That salary increases granted to direct and indi3 rect hire foreign national employees of the Department of

4 Defense funded by this Act shall not be at a rate in excess

5 of the percentage increase authorized by law for civilian

6 employees of the Department of Defense whose pay is

7 computed under the provisions of section 5332 of title 5,

8 United States Code, or at a rate in excess of the percent9 age increase provided by the appropriate host nation to

10 its own employees, whichever is higher: Provided further,

11 That this section shall not apply to Department of De12 fense foreign service national employees serving at United

13 States diplomatic missions whose pay is set by the Depart14 ment of State under the Foreign Service Act of 1980: Pro15 vided further, That the limitations of this provision shall

16 not apply to foreign national employees of the Department

17 of Defense in the Republic of Turkey.

18 SEC. 8003. No part of any appropriation contained

19 in this Act shall remain available for obligation beyond

20 the current fiscal year, unless expressly so provided herein.

21 SEC. 8004. No more than 20 per centum of the ap22 propriations in this Act which are limited for obligation

23 during the current fiscal year shall be obligated during

24 the last two months of the fiscal year: Provided, That this

25 section shall not apply to obligations for support of active
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1 duty training of reserve components or summer camp

2 training of the Reserve Officers’ Training Corps, or the

3 National Board for the Promotion of Rifle Practice, Army.

4 (TRANSFER OF FUNDS)

5 SEC. 8005. Upon determination by the Secretary of

6 Defense that such action is necessary in the national inter7 est, he may, with the approval of the Office of Manage8 ment and Budget, transfer not to exceed $2,000,000,000

9 of working capital funds of the Department of Defense

10 or funds made available in this Act to the Department

11 of Defense for military functions (except military con12 struction) between such appropriations or funds or any

13 subdivision thereof, to be merged with and to be available

14 for the same purposes, and for the same time period, as

15 the appropriation or fund to which transferred: Provided,

16 That such authority to transfer may not be used unless

17 for higher priority items, based on unforeseen military re18 quirements, than those for which originally appropriated

19 and in no case where the item for which funds are re20 quested has been denied by Congress: Provided further,

21 That the Secretary of Defense shall notify the Congress

22 promptly of all transfers made pursuant to this authority

23 or any other authority in this Act.

24 (TRANSFER OF FUNDS)

25 SEC. 8006. During the current fiscal year, cash bal26 ances in working capital funds of the Department of De-
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1 fense established pursuant to section 2208 of title 10,

2 United States Code, may be maintained in only such

3 amounts as are necessary at any time for cash disburse4 ments to be made from such funds: Provided, That trans5 fers may be made between such funds and the ‘‘Foreign

6 Currency Fluctuations, Defense’’ and ‘‘Operation and

7 Maintenance’’ appropriation accounts in such amounts as

8 may be determined by the Secretary of Defense, with the

9 approval of the Office of Management and Budget, except

10 that such transfers may not be made unless the Secretary

11 of Defense has notified the Congress of the proposed

12 transfer. Except in amounts equal to the amounts appro13 priated to working capital funds in this Act, no obligations

14 may be made against a working capital fund to procure

15 or increase the value of war reserve material inventory,

16 unless the Secretary of Defense has notified the Congress

17 prior to any such obligation.

18 SEC. 8007. Using funds available by this Act or any

19 other Act, the Secretary of the Air Force, pursuant to a

20 determination under section 2690 of title 10, United

21 States Code, may implement cost-effective agreements for

22 required heating facility modernization in the

23 Kaiserslautern Military Community in the Federal Repub24 lic of Germany: Provided, That in the City of

25 Kaiserslautern such agreements will include the use of
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1 United States anthracite as the base load energy for mu2 nicipal district heat to the United States Defense installa3 tions: Provided further, That at Landstuhl Army Regional

4 Medical Center and Ramstein Air Base, furnished heat

5 may be obtained from private, regional or municipal serv6 ices, if provisions are included for the consideration of

7 United States coal as an energy source.

8 SEC. 8008. Funds appropriated by this Act may not

9 be used to initiate a special access program without prior

10 notification 30 calendar days in session in advance to the

11 Committees on Appropriations and Armed Services of the

12 Senate and House of Representatives.

13 SEC. 8009. None of the funds contained in this Act

14 available for the Civilian Health and Medical Program of

15 the Uniformed Services shall be available for payments to

16 physicians and other authorized individual health care pro17 viders in excess of the amounts allowed in fiscal year 1994

18 for similar services, except that: (a) for services for which

19 the Secretary of Defense determines an increase is justi20 fied by economic circumstances, the allowable amounts

21 may be increased in accordance with appropriate economic

22 index data similar to that used pursuant to title XVIII

23 of the Social Security Act; and (b) for services the Sec24 retary determines are overpriced based on allowable pay25 ments under title XVIII of the Social Security Act, the
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1 allowable amounts shall be reduced by not more than 15

2 percent (except that the reduction may be waived if the

3 Secretary determines that it would impair adequate access

4 to health care services for beneficiaries). The Secretary

5 shall solicit public comment prior to promulgating regula6 tions to implement this section. Such regulations shall in7 clude a limitation, similar to that used under title XVIII

8 of the Social Security Act, on the extent to which a pro9 vider may bill a beneficiary an actual charge in excess of

10 the allowable amount.

11 SEC. 8010. None of the funds provided in this Act

12 shall be available to initiate (1) a multiyear contract that

13 employs economic order quantity procurement in excess of

14 $20,000,000 in any one year of the contract or that in15 cludes an unfunded contingent liability in excess of

16 $20,000,000, or (2) a contract for advance procurement

17 leading to a multiyear contract that employs economic

18 order quantity procurement in excess of $20,000,000 in

19 any one year, unless the Committees on Appropriations

20 and Armed Services of the Senate and House of Rep21 resentatives have been notified at least thirty days in ad22 vance of the proposed contract award: Provided, That no

23 part of any appropriation contained in this Act shall be

24 available to initiate a multiyear contract for which the eco25 nomic order quantity advance procurement is not funded
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1 at least to the limits of the Government’s liability: Pro2 vided further, That no part of any appropriation contained

3 in this Act shall be available to initiate multiyear procure4 ment contracts for any systems or component thereof if

5 the value of the multiyear contract would exceed

6 $500,000,000 unless specifically provided in this Act: Pro7 vided further, That no multiyear procurement contract can

8 be terminated without 10-day prior notification to the

9 Committees on Appropriations and Armed Services of the

10 House of Representatives and the Senate: Provided fur11 ther, That the execution of multiyear authority shall re12 quire the use of a present value analysis to determine low13 est cost compared to an annual procurement.

14 SEC. 8011. Within the funds appropriated for the op15 eration and maintenance of the Armed Forces, funds are

16 hereby appropriated pursuant to section 401 of title 10,

17 United States Code, for humanitarian and civic assistance

18 costs under chapter 20 of title 10, United States Code.

19 Such funds may also be obligated for humanitarian and

20 civic assistance costs incidental to authorized operations

21 and pursuant to authority granted in section 401 of chap22 ter 20 of title 10, United States Code, and these obliga23 tions shall be reported to Congress on September 30 of

24 each year: Provided, That funds available for operation

25 and maintenance shall be available for providing humani-
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1 tarian and similar assistance by using Civic Action Teams

2 in the Trust Territories of the Pacific Islands and freely

3 associated states of Micronesia, pursuant to the Compact

4 of Free Association as authorized by Public Law 99–

5 239: Provided further, That upon a determination by the

6 Secretary of the Army that such action is beneficial for

7 graduate medical education programs conducted at Army

8 medical facilities located in Hawaii, the Secretary of the

9 Army may authorize the provision of medical services at

10 such facilities and transportation to such facilities, on a

11 nonreimbursable basis, for civilian patients from American

12 Samoa, the Commonwealth of the Northern Mariana Is13 lands, the Marshall Islands, the Federated States of Mi14 cronesia, Palau, and Guam.

15 SEC. 8012. Notwithstanding any other provision of

16 law, governments of Indian tribes shall be treated as State

17 and local governments for the purposes of disposition of

18 real property recommended for closure in the report of the

19 Defense Secretary’s Commission on Base Realignments

20 and Closures, December 1988, the report to the President

21 from the Defense Base Closure and Realignment Commis22 sion, July 1991, and Public Law 100–526.

23 SEC. 8012. Notwithstanding any other provision of

24 law, a qualified Indian Tribal corporation or Alaska Native

25 Corporation furnishing the product of a responsible small
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1 business concern shall not be denied the opportunity to com2 pete for and be awarded a procurement contract pursuant

3 to section 2323 of title 10, United States Code, solely be4 cause the Indian Tribal corporation or Alaska Native Cor5 poration is not the actual manufacturer or processor of the

6 product to be supplied under the contract.

7 SEC. 8013. (a) The provisions of section 115(a)(4)

8 of title 10, United States Code, shall not apply with re9 spect to fiscal year 1995 or with respect to the appropria10 tion of funds for that year.

11 (b) During fiscal year 1995, the civilian personnel of

12 the Department of Defense may not be managed on the

13 basis of any end-strength, and the management of such

14 personnel during that fiscal year shall not be subject to

15 any constraint or limitation (known as an end-strength)

16 on the number of such personnel who may be employed

17 on the last day of such fiscal year.

18 (c) The fiscal year 1996 budget request for the De19 partment of Defense as well as all justification material

20 and other documentation supporting the fiscal year 1996

21 Department of Defense budget request shall be prepared

22 and submitted to the Congress as if subsections (a) and

23 (b) of this provision were effective with regard to fiscal

24 year 1996.
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1 SEC. 8013. Notwithstanding any other provision of

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

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

4 fifty United States, its territories, and the District of Co5 lumbia, 125,000 civilian workyears: Provided, That

6 workyears shall be applied as defined in the Federal Person7 nel Manual: Provided further, That workyears expended in

8 dependent student hiring programs for disadvantaged

9 youths shall not be included in this workyear limitation.

10 SEC. 8014. None of the funds made available by this

11 Act shall be used in any way, directly or indirectly, to in12 fluence congressional action on any legislation or appro13 priation matters pending before the Congress.

14 SEC. 8015. None of the funds appropriated by this

15 Act shall be obligated for the pay of any individual who

16 is initially employed after the date of enactment of this

17 Act as a technician in the administration and training of

18 the Army Reserve and the maintenance and repair of sup19 plies issued to the Army Reserve unless such individual

20 is also a military member of the Army Reserve troop pro21 gram unit that he or she is employed to support. Those

22 technicians employed by the Army Reserve in areas other

23 than Army Reserve troop program units need only be

24 members of the Selected Reserve.
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1 SEC. 8016. Notwithstanding any other provision of

2 law, the Secretaries of the Army and Air Force may au3 thorize the retention in an active status until age sixty

4 of any person who would otherwise be removed from an

5 active status and who is employed as a National Guard

6 or Reserve technician in a position in which active status

7 in a reserve component of the Army or Air Force is re8 quired as a condition of that employment.

9 SEC. 8017. Notwithstanding any other provision of

10 law, during the current fiscal year and hereafter, proceeds

11 from the investment of the Fisher House Investment

12 Trust Fund will be used to support the operation and

13 maintenance of Fisher Houses associated with Army medi14 cal treatment facilities.

15 SEC. 8018. (a) None of the funds appropriated by

16 this Act shall be used to make contributions to the Depart17 ment of Defense Education Benefits Fund pursuant to

18 section 2006(g) of title 10, United States Code, represent19 ing the normal cost for future benefits under section

20 1415(c) of title 38, United States Code, for any member

21 of the armed services who, on or after the date of enact22 ment of this Act—

23 (1) enlists in the armed services for a period of

24 active duty of less than three years; or
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1 (2) receives an enlistment bonus under section

2 308a or 308f of title 37, United States Code,

3 nor shall any amounts representing the normal cost of

4 such future benefits be transferred from the Fund by the

5 Secretary of the Treasury to the Secretary of Veterans

6 Affairs pursuant to section 2006(d) of title 10, United

7 States Code; nor shall the Secretary of Veterans Affairs

8 pay such benefits to any such member: Provided, That,

9 in the case of a member covered by clause (1), these limi10 tations shall not apply to members in combat arms skills

11 or to members who enlist in the armed services on or after

12 July 1, 1989, under a program continued or established

13 by the Secretary of Defense in fiscal year 1991 to test

14 the cost-effective use of special recruiting incentives in15 volving not more than nineteen noncombat arms skills ap16 proved in advance by the Secretary of Defense: Provided

17 further, That this subsection applies only to active compo18 nents of the Army.

19 (b) None of the funds appropriated by this Act shall

20 be available for the basic pay and allowances of any mem21 ber of the Army participating as a full-time student and

22 receiving benefits paid by the Secretary of Veterans Af23 fairs from the Department of Defense Education Benefits

24 Fund when time spent as a full-time student is credited

25 toward completion of a service commitment: Provided,
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1 That this subsection shall not apply to those members who

2 have reenlisted with this option prior to October 1, 1987:

3 Provided further, That this subsection applies only to ac4 tive components of the Army.

5 SEC. 8019. Funds appropriated in this Act shall be

6 available for the payment of not more than 75 percent

7 of the charges of a postsecondary educational institution

8 for the tuition or expenses of an officer in the Ready Re9 serve of the Army National Guard or Army Reserve for

10 education or training during his off-duty periods, except

11 that no part of the charges may be paid unless the officer

12 agrees to remain a member of the Ready Reserve for at

13 least four years after completion of such training or edu14 cation.

15 SEC. 8020. None of the funds appropriated by this

16 Act shall be available to convert to contractor performance

17 an activity or function of the Department of Defense that,

18 on or after the date of enactment of this Act, is performed

19 by more than ten Department of Defense civilian employ20 ees until a most efficient and cost-effective organization

21 analysis is completed on such activity or function and cer22 tification of the analysis is made to the Committees on

23 Appropriations of the House of Representatives and the

24 Senate: Provided, That this section shall not apply to a

25 commercial or industrial type function of the Department
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1 of Defense that: (1) is included on the procurement list

2 established pursuant to section 2 of the Act of June 25,

3 1938 (41 U.S.C. 47), popularly referred to as the Javits4 Wagner-O’Day Act; (2) is planned to be converted to per5 formance by a qualified nonprofit agency for the blind or

6 by a qualified nonprofit agency for other severely handi7 capped individuals in accordance with that Act; or (3) is

8 planned to be converted to performance by a qualified firm

9 under 51 percent Native American ownership.

10 SEC. 8021. None of the funds made available by this

11 Act may be obligated for the acquisition of major auto12 mated information systems which have not successfully

13 completed oversight reviews required by Department of

14 Defense regulations: Provided, That the automated infor15 mation systems oversight review board will be independent

16 of any other Department review function and chaired by

17 the Assistant Secretary of Defense for Command, Control,

18 Communications and Intelligence: Provided further, That

19 except for those programs to modernize and develop mi20 gration and standard automated information systems that

21 have been certified by the Department’s senior informa22 tion resource management (IRM) official as being fully

23 compliant with the Department’s information manage24 ment initiative as defined in Defense Department Direc25 tive 8000.1, no funds may be expended for modernization
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1 or development of any automated information system

2 (AIS) by the military departments, services, defense agen3 cies, Joint Staff or Military Commands in excess of

4 $2,000,000 unless the senior official of the Office of the

5 Secretary of Defense with primary responsibility for the

6 functions being supported or to be supported certifies to

7 the Assistant Secretary of Defense for Command, Control,

8 Communications and Intelligence that the functional

9 requirement(s) is valid and that the system modernization

10 or development has no unnecessary duplication of other

11 available or planned AISs: Provided further, That all new

12 Department of Defense procurements shall separately

13 identify software costs in the work breakdown structure

14 defined by MIL–STD–881 in those instances where soft15 ware is considered to be a major category of cost.

16 SEC. 8021. Funds appropriated in title III of this Act

17 for the Department of Defense Pilot Mentor-Protege Pro18 gram may be transferred to any other appropriation con19 tained in this Act solely for the purpose of implementing

20 a Mentor-Protege Program developmental assistance agree21 ment pursuant to section 831 of the National Defense Au22 thorization Act for Fiscal Year 1991 (Public Law 101–510;

23 10 U.S.C. 2301 note), as amended, under the authority of

24 this provision or any other transfer authority contained in

25 this Act.
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1 SEC. 8022. Notwithstanding any other provision of

2 law, the Secretary of the Navy may use funds appro3 priated to charter ships to be used as auxiliary mine4 sweepers providing that the owner agrees that these ships

5 may be activated as Navy Reserve ships with Navy Re6 serve crews used in training exercises conducted in accord7 ance with law and policies governing Naval Reserve forces:

8 Provided, That none of the funds appropriated or made

9 available in this Act may be used to inactivate, disestablish,

10 or discontinue the Navy’s Craft of Opportunity Program.

11 SEC. 8023. Funds appropriated or made available in

12 this Act shall be obligated and expended to continue to

13 fully utilize the facilities at the United States Army Engi14 neer’s Waterways Experiment Station, including the con15 tinued availability of the supercomputer capability: Pro16 vided, That none None of the funds in this Act may be

17 used to purchase any supercomputer which is not manu18 factured in the United States, unless the Secretary of De19 fense certifies to the Armed Services and Appropriations

20 Committees of Congress that such an acquisition must be

21 made in order to acquire capability for national security

22 purposes that is not available from United States manu23 facturers.

24 SEC. 8024. For the purposes of the Balanced Budget

25 and Emergency Deficit Control Act of 1985 (Public Law
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1 99–177) as amended by the Balanced Budget and Emer2 gency Deficit Control Reaffirmation Act of 1987 (Public

3 Law 100–119) and by the Budget Enforcement Act of

4 1990 (Public Law 101–508), the term program, project,

5 and activity for appropriations contained in this Act shall

6 be defined as the most specific level of budget items identi7 fied in the Department of Defense Appropriations Act,

8 1995, the accompanying House and Senate Committee re9 ports, the conference report and accompanying joint ex10 planatory statement of the managers of the Committee of

11 Conference, the related classified annexes and reports, and

12 the P–1 and R–1 budget justification documents as subse13 quently modified by Congressional action: Provided, That

14 the following exception to the above definition shall apply:

15 For the Military Personnel and the Operation and

16 Maintenance accounts, the term ‘‘program, project, and

17 activity’’ is defined as the appropriations accounts con18 tained in the Department of Defense Appropriations Act:

19 Provided further, That at the time the President submits

20 his budget for fiscal year 1996, the Department of De21 fense shall transmit to the Committees on Appropriations

22 and the Committees on Armed Services of the Senate and

23 the House of Representatives a budget justification docu24 ment to be known as the ‘‘O–1’’ which shall identify, at

25 the budget activity, activity group, and subactivity group
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1 level, the amounts requested by the President to be appro2 priated to the Department of Defense for operation and

3 maintenance in any budget request, or amended budget

4 request, for fiscal year 1996.

5 SEC. 8025. Of the funds appropriated to the Army,

6 $223,736,000 shall be available only for the Reserve Com7 ponent Automation System (RCAS): Provided, That none

8 of these funds can be expended—

9 (1) except as approved by the Chief of the Na10 tional Guard Bureau;

11 (2) unless RCAS resource management func12 tions are performed by the National Guard Bureau;

13 (3) to pay the salary of an RCAS program

14 manager who has not been selected and approved by

15 the Chief of the National Guard Bureau and char16 tered by the Chief of the National Guard Bureau

17 and the Secretary of the Army;

18 (4) unless the Program Manager (PM) charter

19 makes the PM accountable to the Chief of the Na20 tional Guard Bureau and fully defines his authority,

21 responsibility, reporting channels and organizational

22 structure;

23 (5) to pay the salaries of individuals assigned to

24 the RCAS program management office unless such

25 organization is comprised of personnel chosen jointly
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1 by the Chiefs of the National Guard Bureau and the

2 Army Reserve;

3 (6) to pay contracted costs for the acquisition

4 of RCAS unless RCAS is an integrated system con5 sisting of software, hardware, and communications

6 equipment and unless such contract continues to

7 preclude the use of Government furnished equip8 ment, operating systems, and executive applications

9 software; and

10 (7) unless RCAS performs its own classified in11 formation processing:

12 Provided further, That notwithstanding any other provi13 sion of law, none of the funds appropriated shall be avail14 able for procurement of computers for the Army Reserve

15 Component which are used to network or expand the capa16 bilities of existing or future information systems or dupli17 cate functions to be provided under the RCAS contract

18 unless the procurement meets the following criteria: (A)

19 at sites scheduled to receive RCAS equipment prior to

20 September 30, 1995, RCAS ADP equipment may be pro21 cured and only in the numbers and types allocated by the

22 RCAS program to each site; and at sites scheduled to re23 ceive RCAS equipment after September 30, 1995, RCAS

24 ADP equipment or ADP equipment from a list of RCAS

25 compatible equipment approved by the Chief of the Na-
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1 tional Guard Bureau or his designee, may be procured and

2 only in the numbers and types allocated by the RCAS pro3 gram to each site; (B) the requesting organizational ele4 ment has insufficient ADP equipment to perform adminis5 trative functions but not to exceed the number of work

6 stations determined by the RCAS program for that site;

7 (C) replacement equipment will not exceed the minimum

8 required to maintain the reliability of existing capabilities;

9 (D) replacement will be justified on the basis of cost and

10 feasibility of repairs and maintenance of present ADP

11 equipment as compared to the cost of replacement; and

12 (E) the procurement under this policy must be approved

13 by the Chief of the National Guard Bureau or his des14 ignee, provided that the procurement is a one for one re15 placement action of existing equipment.

16 SEC. 8025. Of the funds made available by this Act

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

18 each appropriations account in title III, shall be available

19 for incentive payments authorized by section 504 of the In20 dian Financing Act of 1974, 25 U.S.C. 1544. These pay21 ments shall be available only to contractors which have sub22 mitted subcontracting plans pursuant to 15 U.S.C. 637(d),

23 and according to regulations which shall be promulgated

24 by the Secretary of Defense within 90 days of the passage

25 of this Act.
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1 SEC. 8026. None of the funds in this Act may be

2 available for the purchase by the Department of Defense

3 (and its departments and agencies) of welded shipboard

4 anchor and mooring chain 4 inches in diameter and under

5 unless the anchor and mooring chain are manufactured

6 in the United States from components which are substan7 tially manufactured in the United States: Provided, That

8 for the purpose of this section manufactured will include

9 cutting, heat treating, quality control, testing of chain and

10 welding (including the forging and shot blasting process):

11 Provided further, That for the purpose of this section sub12 stantially all of the components of anchor and mooring

13 chain shall be considered to be produced or manufactured

14 in the United States if the aggregate cost of the compo15 nents produced or manufactured in the United States ex16 ceeds the aggregate cost of the components produced or

17 manufactured outside the United States: Provided further,

18 That when adequate domestic supplies are not available

19 to meet Department of Defense requirements on a timely

20 basis, the Secretary of the service responsible for the pro21 curement may waive this restriction on a case-by-case

22 basis by certifying in writing to the Committees on Appro23 priations that such an acquisition must be made in order

24 to acquire capability for national security purposes.
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1 SEC. 8026. During the current fiscal year, none of the

2 funds available to the Department of Defense may be used

3 to procure or acquire (1) defensive handguns or defensive

4 handgun ammunition unless such handguns or handgun

5 ammunition are the M9 9mm Department of Defense stand6 ard handgun or ammunition for such handguns, or (2) of7 fensive handguns and ammunition except for the Special

8 Operations Forces: Provided, That the foregoing shall not

9 apply to handguns for marksmanship competitions.

10 (TRANSFER OF FUNDS)

11 SEC. 8027. Notwithstanding any other provision of

12 law, the Department of Defense may transfer prior year,

13 unobligated balances and funds appropriated in this Act

14 to the operation and maintenance appropriations for the

15 purpose of providing military technician and Department

16 of Defense medical personnel pay and medical programs

17 (including CHAMPUS) the same exemption from seques18 tration set forth in the Balanced Budget and Emergency

19 Deficit Control Act of 1985 (Public Law 99–177) as

20 amended by the Balanced Budget and Emergency Deficit

21 Control Reaffirmation Act of 1987 (Public Law 100–119)

22 and by the Budget Enforcement Act of 1990 (Public Law

23 101–508) as that granted the other military personnel ac24 counts: Provided, That any transfer made pursuant to any

25 use of the authority provided by this provision shall be

26 limited so that the amounts reprogrammed to the oper-
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1 ation and maintenance appropriations do not exceed the

2 amounts sequestered under the Balanced Budget and

3 Emergency Deficit Control Act of 1985 (Public Law 99–

4 177) as amended by the Balanced Budget and Emergency

5 Deficit Control Reaffirmation Act of 1987 (Public Law

6 100–119) and by the Budget Enforcement Act of 1990

7 (Public Law 101–508): Provided further, That the author8 ity to make transfers pursuant to this section is in addi9 tion to the authority to make transfers under other provi10 sions of this Act: Provided further, That the Secretary of

11 Defense may proceed with such transfer after notifying

12 the Appropriations Committees of the House of Rep13 resentatives and the Senate twenty calendar days in ses14 sion before any such transfer of funds under this provi15 sion.

16 SEC. 8028. None of the funds available to the De17 partment of the Navy may be used to enter into any con18 tract for the overhaul, repair, or maintenance of any naval

19 vessel homeported on the West Coast of the United States

20 which includes charges for interport differential as an

21 evaluation factor for award.

22 SEC. 8029. None of the funds appropriated by this

23 Act available for the Civilian Health and Medical Program

24 of the Uniformed Services (CHAMPUS) shall be available

25 for the reimbursement of any health care provider for in-
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1 patient mental health service for care received when a pa2 tient is referred to a provider of inpatient mental health

3 care or residential treatment care by a medical or health

4 care professional having an economic interest in the facil5 ity to which the patient is referred: Provided, That this

6 limitation does not apply in the case of inpatient mental

7 health services provided under the program for the handi8 capped under subsection (d) of section 1079 of title 10,

9 United States Code, provided as partial hospital care, or

10 provided pursuant to a waiver authorized by the Secretary

11 of Defense because of medical or psychological cir12 cumstances of the patient that are confirmed by a health

13 professional who is not a Federal employee after a review,

14 pursuant to rules prescribed by the Secretary, which takes

15 into account the appropriate level of care for the patient,

16 the intensity of services required by the patient, and the

17 availability of that care.

18 SEC. 8030. Operational control of the Naval Reserve

19 Personnel Center, including its functions and responsibil20 ities, shall be under the command and control of the Com21 mander, Naval Reserve Command: Provided, That not22 withstanding any other provision of law, the one-time

23 costs, including the procurement or lease of new or

24 reutilized automatic data processing investment equip25 ment, peripheral equipment and related software, of the
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1 1993 Report to the President of the Defense Base Closure

2 and Realignment Commission or current DOD Data Cen3 ter Consolidation shall not exceed $309,000,000.

4 SEC. 8030. Notwithstanding any other provision of

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

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

7 lock on a safe or security container which protects informa8 tion critical to national security or any other classified ma9 terials and which has not been certified as passing the secu10 rity lock specifications contained in regulation FF–L–2740

11 dated October 12, 1989, and has not passed all testing cri12 teria and procedures established through February 28,

13 1992: Provided, That the Director of Central Intelligence

14 may waive this provision, on a case-by-case basis only,

15 upon certification that the above cited locks are not ade16 quate for the protection of sensitive intelligence informa17 tion.

18 SEC. 8031. Funds available in this Act may be used

19 to provide transportation for the next-of-kin of individuals

20 who have been prisoners of war or missing in action from

21 the Vietnam era to an annual meeting in the United

22 States, under such regulations as the Secretary of Defense

23 may prescribe.

24 SEC. 8032. None of the funds available to the De25 partment of Defense shall be obligated or expended for
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1 (or to implement) automatic data processing, data proc2 essing center, central design activity, DMRD 918, defense

3 information infrastructure, and military or civilian person4 nel function consolidation plans, consolidations, and dis5 establishment or realignment plans that impact, in terms

6 of reductions in force or transfers in military and civilian

7 personnel, end strength, billets, functions, or missions, the

8 Enlisted Personnel Management Center, and the collo9 cated Naval Computer and Telecommunications Station,

10 the Naval Reserve Force Information Systems Office, and

11 the Naval Reserve Personnel Center until sixty legislative

12 days after the Secretary of Defense submits to the House

13 and Senate Committees on Appropriations a report, in14 cluding complete review comments and a validation by the

15 Department of Defense Comptroller, justifying and vali16 dating that such plans and actions: (1) do not consolidate,

17 plan to consolidate, disestablish or realign Department of

18 Defense or Service data processing functions or centers,

19 central design activities, or military and civilian personnel

20 functions and activities, or claim savings from such func21 tion and activity consolidations and disestablishment, re22 alignment, or consolidation plans, that are in more than

23 one defense management report plan or decision or any

24 other Department of Defense or Service consolidation, dis25 establishment or realignment plan; (2) utilize criteria pri-
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1 marily weighted to evaluate, measure and compare how

2 data processing centers and activities, central design ac3 tivities, and military and civilian personnel functions and

4 activities are ranked in terms of operational readiness,

5 customer satisfaction, and the most cost effective and least

6 expensive from a business performance, and regional oper7 ations cost standpoint; (3) will provide equal or better

8 service for DOD customers; (4) provide details as to the

9 impacts on the quality of life and benefits of the individual

10 service person, dependents, and civilian personnel; and (5)

11 will not adversely impact the mission and readiness of the

12 Navy and Naval Reserves: Provided, That funds made

13 available to the Department of Defense shall be available

14 to implement the 1993 Defense Base Closure and Realign15 ment Commission approved recommendations concerning

16 the Enlisted Personnel Management Center and the collo17 cated Naval Computer and Telecommunications Station.

18 SEC. 8032. Notwithstanding any other provision of

19 law, funds available to the Department of Defense shall be

20 made available to provide transportation of medical sup21 plies and equipment, on a nonreimbursable basis, to Amer22 ican Samoa: Provided, That notwithstanding any other

23 provision of law, funds available to the Department of De24 fense shall be made available to provide transportation of

25 medical supplies and equipment, on a nonreimbursable
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1 basis, to the Indian Health Service when it is in conjunc2 tion with a civil-military project.

3 SEC. 8033. Notwithstanding any other provision of

4 law, during the current fiscal year, the Secretary of De5 fense may, by Executive Agreement, establish with host

6 nation governments in NATO member states a separate

7 account into which such residual value amounts negotiated

8 in the return of United States military installations in

9 NATO member states may be deposited, in the currency

10 of the host nation, in lieu of direct monetary transfers to

11 the United States Treasury: Provided, That such credits

12 may be utilized only for the construction of facilities to

13 support United States military forces in that host nation,

14 or such real property maintenance and base operating

15 costs that are currently executed through monetary trans16 fers to such host nations: Provided further, That the De17 partment of Defense’s budget submission for fiscal year

18 1996 shall identify such sums anticipated in residual value

19 settlements, and identify such construction, real property

20 maintenance or base operating costs that shall be funded

21 by the host nation through such credits: Provided further,

22 That all military construction projects to be executed from

23 such accounts must be previously approved in a prior Act

24 of Congress: Provided further, That each such Executive

25 Agreement with a NATO member host nation shall be re-
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1 ported to the Committees on Appropriations and Armed

2 Services of the House of Representatives and the Senate

3 thirty days prior to the conclusion and endorsement of any

4 such agreement established under this provision.

5 SEC. 8034. None of the funds available to the De6 partment of Defense in this Act shall be used to demili7 tarize or dispose of more than 310,784 unserviceable M1

8 Garand rifles and M1 Carbines.

9 SEC. 8035. Notwithstanding any other provision of

10 law, none of the funds appropriated by this Act shall be

11 available to pay more than 50 percent of an amount paid

12 to any person under section 308 of title 37, United States

13 Code, in a lump sum.

14 SEC. 8036. None of the funds appropriated by this

15 Act may be used by the Department of Defense to assign

16 a supervisor’s title or grade when the number of people

17 he or she supervises is considered as a basis for this deter18 mination: Provided, That savings that result from this

19 provision are represented as such in future budget propos20 als.

21 SEC. 8037. Of the funds appropriated by this Act,

22 no more than $18,500,000 shall be available for the men23 tal health care demonstration project at Fort Bragg,

24 North Carolina: Provided, That adjustments may be made

25 for normal and reasonable price and program growth.
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1 SEC. 8038. None of the funds appropriated by this

2 Act shall be available for payments under the Department

3 of Defense contract with the Louisiana State University

4 Medical Center involving the use of cats for Brain Missile

5 Wound Research, and the Department of Defense shall

6 not make payments under such contract from funds obli7 gated prior to the date of the enactment of this Act, except

8 as necessary for costs incurred by the contractor prior to

9 the enactment of this Act: Provided, That funds necessary

10 for the care of animals covered by this contract are al11 lowed.

12 SEC. 8039. None of the funds provided in this Act

13 or any other Act shall be available to conduct bone trauma

14 research at any Army Research Laboratory until the Sec15 retary of the Army certifies that the synthetic compound

16 to be used in the experiments is of such a type that its

17 use will result in a significant medical finding, the re18 search has military application, the research will be con19 ducted in accordance with the standards set by an animal

20 care and use committee, and the research does not dupli21 cate research already conducted by a manufacturer or any

22 other research organization.

23 SEC. 8040. The Secretary of Defense shall include

24 in any base closure and realignment plan submitted to

25 Congress after the date of enactment of this Act, a com-
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1 plete review for the five-year period beginning on October

2 1, 1994, which shall include expected force structure and

3 levels for such period, expected installation requirements

4 for such period, a budget plan for such period, the cost

5 savings expected to be realized through realignments and

6 closures of military installations during such period, an

7 economics model to identify the critical local economic sec8 tors affected by proposed closures and realignments of

9 military installations and an assessment of the economic

10 impact in each area in which a military installation is to

11 be realigned or closed.

12 SEC. 8041. No more than $50,000 of the funds ap13 propriated or made available in this Act shall be used for

14 any single relocation of an organization, unit, activity or

15 function of the Department of Defense into or within the

16 National Capital Region: Provided, That the Secretary of

17 Defense may waive this restriction on a case-by-case basis

18 by certifying in writing to the Committees on Appropria19 tions of the House of Representatives and Senate that

20 such a relocation is required in the best interest of the

21 Government: Provided further, That no funds appropriated

22 or made available in this Act shall be used for the reloca23 tion into the National Capital Region of the Air Force Of24 fice of Medical Support located at Brooks Air Force Base.
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1 SEC. 8041. Notwithstanding any other provision of

2 law, each contract awarded by the Department of Defense

3 in fiscal year 1995 for construction or service performed

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

5 another State and has an unemployment rate in excess of

6 the national average rate of unemployment as determined

7 by the Secretary of Labor shall include a provision requir8 ing the contractor to employ, for the purpose of performing

9 that portion of the contract in such State that is not contig10 uous with another State, individuals who are residents of

11 such State and who, in the case of any craft or trade, pos12 sess or would be able to acquire promptly the necessary

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

14 the requirements of this section in the interest of national

15 security.

16 SEC. 8042. During the current fiscal year, funds ap17 propriated or otherwise available for any Federal agency,

18 the Congress, the judicial branch, or the District of Co19 lumbia may be used for the pay, allowances, and benefits

20 of an employee as defined by section 2105 of title 5 or

21 an individual employed by the government of the District

22 of Columbia, permanent or temporary indefinite, who—

23 (1) is a member of a Reserve component of the

24 armed forces, as described in section 261 of title 10,
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1 or the National Guard, as described in section 101

2 of title 32;

3 (2) performs, for the purpose of providing mili4 tary aid to enforce the law or providing assistance

5 to civil authorities in the protection or saving of life

6 or property or prevention of injury—

7 (A) Federal service under section 331,

8 332, 333, 3500, or 8500 of title 10, or other

9 provision of law, as applicable, or

10 (B) full-time military service for his State,

11 the District of Columbia, the Commonwealth of

12 Puerto Rico, or a territory of the United States;

13 and

14 (3) requests and is granted—

15 (A) leave under the authority of this sec16 tion; or

17 (B) annual leave, which may be granted

18 without regard to the provisions of sections

19 5519 and 6323(b) of title 5, if such employee

20 is otherwise entitled to such annual leave:

21 Provided, That any employee who requests leave under

22 subsection (3)(A) for service described in subsection (2)

23 of this section is entitled to such leave, subject to the pro24 visions of this section and of the last sentence of section
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1 6323(b) of title 5, and such leave shall be considered leave

2 under section 6323(b) of title 5.

3 SEC. 8043. None of the funds appropriated by this

4 Act shall be available to perform any cost study pursuant

5 to the provisions of OMB Circular A–76 if the study being

6 performed exceeds a period of twenty-four months after

7 initiation of such study with respect to a single function

8 activity or forty-eight months after initiation of such study

9 for a multi-function activity.

10 SEC. 8044. Funds appropriated by this Act for the

11 American Forces Information Service shall not be used for

12 any national or international political or psychological ac13 tivities.

14 SEC. 8045. Notwithstanding any other provision of

15 law or regulation, the Secretary of Defense may adjust

16 wage rates for civilian employees hired for certain health

17 care occupations as authorized for the Secretary of Veter18 ans Affairs by section 7455 of title 38, United States

19 Code.

20 SEC. 8046. Of the funds made available in this Act,

21 not less than $24,565,000 $19,917,000 shall be available

22 for the Civil Air Patrol, of which $13,105,000 $10,410,000

23 shall be available for Operation and Maintenance.

24 SEC. 8047. None of the funds appropriated or made

25 available in this Act shall be used to reduce or disestablish
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1 the operation of the 53rd Weather Reconnaissance Squad2 ron of the Air Force Reserve, if such action would reduce

3 the WC–130 Weather Reconnaissance mission below the

4 levels funded in this Act.

5 SEC. 8048. (a) Of the funds for the procurement of

6 supplies or services appropriated by this Act, qualified

7 nonprofit agencies for the blind or other severely handi8 capped shall be afforded the maximum practicable oppor9 tunity to participate as subcontractors and suppliers in the

10 performance of contracts let by the Department of De11 fense.

12 (b) During the current fiscal year, a business concern

13 which has negotiated with a military service or defense

14 agency a subcontracting plan for the participation by

15 small business concerns pursuant to section 8(d) of the

16 Small Business Act (15 U.S.C. 637(d)) shall be given

17 credit toward meeting that subcontracting goal for any

18 purchases made from qualified nonprofit agencies for the

19 blind or other severely handicapped.

20 (c) For the purpose of this section, the phrase ‘‘quali21 fied nonprofit agency for the blind or other severely handi22 capped’’ means a nonprofit agency for the blind or other

23 severely handicapped that has been approved by the Com24 mittee for the Purchase from the Blind and Other Severely
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1 Handicapped under the Javits-Wagner-O’Day Act (41

2 U.S.C. 46–48).

3 SEC. 8049. During the current fiscal year, net re4 ceipts pursuant to collections from third party payers pur5 suant to section 1095 of title 10, United States Code, shall

6 be made available to the local facility of the uniformed

7 services responsible for the collections and shall be over

8 and above the facility’s direct budget amount.

9 SEC. 8050. Notwithstanding any other provision of

10 law or regulation, ships designated T–AGS 63, T–AGS 64

11 and T–AGS 65 must utilize remanufactured milspec

12 SASS multibeam sonars. Provided; That the Secretary of

13 the Navy may waive this restriction by certifying in writ14 ing to the Committee on Appropriations that an alter15 native acquisition must be made in order to acquire capa16 bility for national security purposes.

17 SEC. 8050. None of the funds available to the Depart18 ment of Defense during fiscal year 1995 may be obligated

19 for low rate initial production of the ALR–67(V)3 Ad20 vanced Special Receiver (ASR) until 30 days after the con21 gressional defense committees have received the following:

22 (1) A certification by the Director, Operational

23 Test and Evaluation, Defense, that, based on the re24 sults of the joint Developmental Test/Operational Test

25 flight tests and of the Operational Assessment in-
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1 tended to address the readiness of the ASR for low

2 rate initial production, ASR is potentially operation3 ally effective and potentially operationally suitable

4 and ready to enter low rate initial production;

5 (2) A comprehensive report by the Commander,

6 Navy Operational Test and Evaluation Force as to

7 the test objectives and results of the joint Developmen8 tal Test/Operational Test flight tests and of the Oper9 ational Assessment intended to address the readiness

10 of the ASR for low rate initial production;

11 (3) A comprehensive report by the Assistant Sec12 retary of the Navy (Research, Development and Ac13 quisition) as to the test objectives and results of the

14 Developmental Flight Tests and Technical Evalua15 tion, along with her certification that, based on these

16 results, the ASR is ready to enter low rate initial

17 production.

18 SEC. 8051. Section 8060 of the Department of De19 fense Appropriations Act, 1994 (Public Law 103–139) is

20 hereby repealed, which contained authority for acquisition

21 of LANDSAT 7.

22 SEC. 8052. Notwithstanding any other provision of

23 law, of the funds appropriated for the Defense Health

24 Program during this fiscal year and hereafter, the amount

25 payable for services provided under this section shall not
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1 be less than the amount calculated under the coordination

2 of benefits reimbursement formula utilized when

3 CHAMPUS is a secondary payor to medical insurance

4 programs other than Medicare, and such appropriations

5 as necessary shall be available (notwithstanding the last

6 sentence of section 1086(c) of title 10, United States

7 Code) to continue Civilian Health and Medical Program

8 of the Uniformed Services (CHAMPUS) benefits, until

9 age 65, under such section for a former member of a uni10 formed service who is entitled to retired or retainer pay

11 or equivalent pay, or a dependent of such a member, or

12 any other beneficiary described by section 1086(c) of title

13 10, United States Code, who becomes eligible for hospital

14 insurance benefits under part A of title XVIII of the So15 cial Security Act (42 U.S.C. 1395 et seq.) solely on the

16 grounds of physical disability, or end stage renal disease:

17 Provided, That expenses under this section shall only be

18 covered to the extent that such expenses are not covered

19 under parts A and B of title XVIII of the Social Security

20 Act and are otherwise covered under CHAMPUS: Pro21 vided further, That no reimbursement shall be made for

22 services provided prior to October 1, 1991.

23 SEC. 8053. During the current fiscal year, the De24 partment of Defense is authorized to incur obligations of

25 not to exceed $250,000,000 for purposes specified in sec-
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1 tion 2350j(c) of title 10, United States Code in anticipa2 tion of receipt of contributions, only from the Government

3 of Kuwait, under that section: Provided, That, upon re4 ceipt, such contributions from the Government of Kuwait

5 shall be credited to the appropriation or fund which in6 curred such obligations.

7 SEC. 8054. (a) Funds appropriated in this Act to fi8 nance activities of Department (DOD) Federally Funded

9 Research and Development Centers (FFRDCs) may not

10 be obligated or expended for a FFRDC if a member of

11 its Board of Directors or Trustees simultaneously serves

12 on the Board of Directors or Trustees of a profit-making

13 company under contract to the Department of Defense un14 less the FFRDC has a DOD approved conflict of interest

15 policy for its members.

16 (b) None of the funds appropriated in this Act are

17 available to establish a new FFRDC, either as a new en18 tity, or as a separate entity administered by an organiza19 tion managing another FFRDC, or as a nonprofit mem20 bership corporation consisting of a consortium of other

21 FFRDCs and other nonprofit entities.

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

23 amounts available to the Department of Defense during

24 fiscal year 1995, not more than $1,252,650,000 may be

25 obligated for financing activities of FFRDCs.
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1 (d) The Secretary of Defense may not obligate more

2 than one-half of the funds available to FFRDCs until the

3 Congressional defense committees receive the report on es4 tablishing pay caps for FFRDC employees that was di5 rected in the Committee’s report accompanying the fiscal

6 year 1994 Department of Defense Appropriations Act.

7 SEC. 8054. (a) Funds appropriated in this Act to fi8 nance activities of Department of Defense (DOD) Federally

9 Funded Research and Development Centers (FFRDCs) may

10 not be obligated or expended for a FFRDC if a member

11 of its Board of Directors or Trustees simultaneously serves

12 on the Board of Directors or Trustees of a profit-making

13 company under contract to the Department of Defense un14 less the FFRDC has a DOD approved conflict of interest

15 policy for its members.

16 (b) None of the funds appropriated in this Act are

17 available to establish a new FFRDC, either as a new entity,

18 or as a separate entity administered by an organization

19 managing another FFRDC, or as a nonprofit membership

20 corporation consisting of a consortium of other FFRDCs

21 and other nonprofit entities.

22 (c) The Secretary of Defense may not obligate more

23 than one-half of the funds available for each defense

24 FFRDC, and more than one-half of the total amount avail25 able for defense FFRDCs, until the Congressional defense
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1 committees receive a copy of the revised and updated DOD

2 master plan for FFRDCs: Provided, That the master plan

3 submitted in compliance with this subsection shall contain

4 annual funding and manpower ceilings for each defense

5 FFRDC and each subcomponent of a defense FFRDC iden6 tified as separate sub-entity due to the significantly unique

7 nature of its functions.

8 (d) LIMITATION ON COMPENSATION.—No employee or

9 executive officer of a defense FFRDC may be compensated

10 at a rate exceeding Executive Schedule Level I by that

11 FFRDC: Provided, That the restriction contained in this

12 subsection shall not take effect until July 1, 1995.

13 (e) LIMITATION ON COMPENSATION.—No member of a

14 Board of Directors, Trustees, Overseers, Advisory Group,

15 Special Issues Panel, Visiting Committee, or any similar

16 entity of a defense FFRDC may be compensated for his or

17 her services as a member of such entity except under the

18 same conditions, and to the same extent, as members of the

19 Defense Science Board: Provided, That a member of any

20 such entity shall be allowed travel expenses and per diem

21 as authorized under the Federal Joint Travel Regulations,

22 when engaged in the performance of membership duties:

23 Provided further, That the restriction contained in this sub24 section shall not take effect until July 1, 1995.
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1 (f) ELIMINATION OF FEE.—None of the funds available

2 to the Department of Defense from any source during fiscal

3 year 1995 may be obligated to pay any fee to a defense

4 FFRDC.

5 (g) None of the funds available to the Department of

6 Defense from any source during fiscal year 1995 may be

7 used by a defense FFRDC for any purpose which otherwise

8 is not reimbursable under federal or Department of Defense

9 acquisition regulations: Provided, That the restriction con10 tained in this subsection shall also apply to cost sharing

11 for projects funded by government grants, absorption of con12 tract overruns, and costs necessary to pay the costs of doing

13 business in advance of reimbursement.

14 (h) Notwithstanding any other provision of law, of the

15 amounts available to the Department of Defense during fis16 cal year 1995, not more than $1,300,000,000 may be obli17 gated for financing activities of FFRDCs: Provided, That

18 the total amount appropriated in title IV of this Act is here19 by reduced by $52,650,000 to reflect the funding ceiling con20 tained in this subsection.

21 (i) The total amount appropriated to or for the use

22 of the Department of Defense in title IV of this Act is re23 duced by an additional $62,634,000 to reflect savings from

24 the decreased use of non-FFRDC consulting services by the

25 Department of Defense.
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1 (j) The total amount appropriated to or for the use

2 of the Department of Defense in title IV of this Act is re3 duced by an additional $19,055,000 to reflect savings from

4 the decreased use of major non-profit federally-funded re5 search institutions and university-affiliated research cen6 ters by the Department of Defense.

7 SEC. 8055. None of the funds appropriated or made

8 available in this Act shall be used to procure carbon, alley

9 or armor steel plate for use in any Government-owned fa10 cility or property under the control of the Department of

11 Defense which were not melted and rolled in the United

12 States or Canada: Provided, That these procurement re13 strictions shall apply to any and all Federal Supply Class

14 9515, American Society of Testing and Materials (ASTM)

15 or American Iron and Steel Institute (AISI) specifications

16 of carbon, alloy or armor steel plate: Provided further,

17 That the Secretary of the military department responsible

18 for the procurement may waive this restriction on a case19 by-case basis by certifying in writing to the Committees

20 on Appropriations of the House of Representatives and the

21 Senate that adequate domestic supplies are not available

22 to meet Department of Defense requirements on a timely

23 basis and that such an acquisition must be made in order

24 to acquire capability for national security purposes: Pro25 vided further, That these restrictions shall not apply to
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1 contracts which are in being as of the date of enactment

2 of this Act.

3 SEC. 8055. None of the unobligated balances available

4 in the National Defense Stockpile Transaction Fund during

5 the current fiscal year may be obligated or expended to fi6 nance any grant or contract to conduct research, develop7 ment, test and evaluation activities for the development or

8 production of advanced materials, unless amounts for such

9 purposes are specifically appropriated in a subsequent ap10 propriations Act.

11 SEC. 8056. For the purposes of this Act, the term

12 ‘‘congressional defense committees’’ means the Commit13 tees on Armed Services, the Committees on Appropria14 tions, and the subcommittees on Defense of the Committee

15 on Appropriations, of the Senate and the House of Rep16 resentatives.

17 SEC. 8057. Notwithstanding any other provision of

18 law, during the current fiscal year, the Department of De19 fense may acquire the modification, depot maintenance

20 and repair of aircraft, vehicles and vessels as well as the

21 production of components and other Defense-related arti22 cles, through competition between Department of Defense

23 depot maintenance activities and private firms: Provided,

24 That the Senior Acquisition Executive of the military de25 partment or defense agency concerned, with power of dele-
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1 gation, shall certify that successful bids include com2 parable estimates of all direct and indirect costs for both

3 public and private bids: Provided further, That Office of

4 Management and Budget Circular A–76 shall not apply

5 to competitions conducted under this section.

6 SEC. 8058. (a)(1) If the Secretary of Defense, after

7 consultation with the United States Trade Representative,

8 determines that a foreign country which is party to an

9 agreement described in paragraph (2) has violated the

10 terms of the agreement by discriminating against certain

11 types of products produced in the United States that are

12 covered by the agreement, the Secretary of Defense shall

13 rescind the Secretary’s blanket waiver of the Buy Amer14 ican Act with respect to such types of products produced

15 in that foreign country.

16 (2) An agreement referred to in paragraph (1) is any

17 reciprocal defense procurement memorandum of under18 standing, between the United States and a foreign country

19 pursuant to which the Secretary of Defense has prospec20 tively waived the Buy American Act for certain products

21 in that country.

22 (b) The Secretary of Defense shall submit to Con23 gress a report on the amount of Department of Defense

24 purchases from foreign entities in fiscal year 1995. Such

25 report shall separately indicate the dollar value of items
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1 for which the Buy American Act was waived pursuant to

2 any agreement described in subsection (a)(2), the Trade

3 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

4 international agreement to which the United States is a

5 party.

6 (c) For purposes of this section, the term ‘‘Buy

7 American Act’’ means title III of the Act entitled ‘‘An Act

8 making appropriations for the Treasury and Post Office

9 Departments for the fiscal year ending June 30, 1934,

10 and for other purposes’’, approved March 3, 1933 (41

11 U.S.C. 10a et seq.).

12 SEC. 8058. None of the funds appropriated by this Act

13 shall be used for the support of any nonappropriated funds

14 activity of the Department of Defense that procures malt

15 beverages and wine with nonappropriated funds for resale

16 (including such alcoholic beverages sold by the drink) on

17 a military installation located in the United States unless

18 such malt beverages and wine are procured within that

19 State, or in the case of the District of Columbia, within

20 the District of Columbia, in which the military installation

21 is located: Provided, That in a case in which the military

22 installation is located in more than one State, purchases

23 may be made in any State in which the installation is lo24 cated: Provided further, That such local procurement re25 quirements for malt beverages and wine shall apply to all
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1 alcoholic beverages only for military installations in States

2 which are not contiguous with another State: Provided fur3 ther, That alcoholic beverages other than wine and malt bev4 erages, in contiguous States and the District of Columbia

5 shall be procured from the most competitive source, price

6 and other factors considered.

7 SEC. 8059. (a) Of the funds made available in this

8 Act in title II, Operation and Maintenance, Army,

9 $2,000,000 shall be available only to execute the cleanup

10 of uncontrolled hazardous waste contamination affecting

11 the Sale Parcel at Hamilton Air Force Base, in Novato,

12 in the State of California.

13 (b) Notwithstanding any other provision of law, in the

14 event that the purchaser of the Sale Parcel exercises its

15 option to withdraw from all or a portion of the sale, as

16 provided in the Agreement and Modification, dated Sep17 tember 25, 1990, between the Department of Defense, the

18 General Services Administration, and the purchaser, as

19 amended, the purchaser’s deposit of $4,500,000 shall be

20 returned by the General Services Administration and

21 funds eligible for reimbursement under the Agreement and

22 Modification, as amended, shall come from the funds made

23 available to the Department of Defense by this Act.

24 (c) In the event that the purchaser purchases only

25 a portion of the Sale Parcel and exercises its option to
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1 withdraw from the sale as to the rest of the Sale Parcel,

2 the portion of the Sale Parcel that is not purchased (other

3 than Landfill 26 and an appropriate buffer area around

4 it and the groundwater treatment facility site), together

5 with any of the land referred to in section 9099(e) of Pub6 lic Law 102–396 that is not purchased by the purchaser,

7 shall be sold to the City of Novato, in the State of Califor8 nia, for the sum of One Dollar as a public benefit transfer

9 for school, classroom or other educational use, for use as

10 a public park or recreation area or for further conveyance

11 as provided herein, subject to the following restrictions:

12 (1) if the City sells any portion of such land to any third

13 party within ten years after the transfer to the City, which

14 sale may be made without the foregoing use restrictions,

15 any proceeds received by the City in connection with such

16 sale, minus the demonstrated reasonable costs of conduct17 ing the sale and of any improvements made by the City

18 to the land following its acquisition of the land (but only

19 to the extent such improvements increase the value of the

20 portion sold), shall be immediately turned over to the

21 Army in reimbursement of the withdrawal payment made

22 by the Army to the contract purchaser and the costs of

23 cleaning up the Landfill and (2) until one year following

24 completion of the cleanup of contaminated soil in the

25 Landfill and completion of the groundwater treatment fa-
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1 cilities, the sale must be at a per-acre price for the portion

2 sold that is at least equal to the per-acre contract price

3 paid by the purchaser for the portion of the Sale Parcel

4 purchased under the Agreement and Modification, as

5 amended, and thereafter must be at a price at least equal

6 to the fair market value of the portion sold. The foregoing

7 restrictions shall not apply to a transfer to another public

8 or quasi-public agency for public uses of the kind de9 scribed above. The deed to the City shall contain a clause

10 providing that, if any of the proceeds referred to in clause

11 (1) are not delivered to the Army within 30 days after

12 sale, or any portion of the land not sold as provided herein

13 is used for other than educational, park or recreational

14 uses, title to the applicable portion of such land shall re15 vert to the United States Government at the election of

16 the General Services Administration. The Army shall

17 agree to deliver into the applicable closing escrow an ac18 knowledgement of receipt of any proceeds described in

19 clause (1) above and a release of the reverter right as to

20 the affected land, effective upon such receipt.

21 (d) Notwithstanding any other provision of law, the

22 Air Force shall be reimbursed for expenditures in excess

23 of $15,000,000 in connection with the total clean-up of

24 uncontrolled hazardous waste contamination on the afore25 mentioned Sale Parcel from the proceeds collected upon
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1 the closing of any portion of the Sale Parcel purchased

2 by the contract purchaser under the Agreement and Modi3 fication, as amended.

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

5 purchaser’s reimbursement claims shall be audited by the

6 Defense Contract Audit Agency for reasonableness and ac7 curacy before the Department of Defense provides any

8 funds under the purchaser’s withdrawal and reimburse9 ment rights.

10 SEC. 8060. Notwithstanding any other provision of

11 law, the Secretary of Defense may, when he considers it

12 in the best interest of the United States, cancel any part

13 of an indebtedness, up to $2,500, that is or was owed to

14 the United States by a member or former member of a

15 uniformed service if such indebtedness, as determined by

16 the Secretary, was incurred in connection with Operation

17 Desert Shield/Storm: Provided, That the amount of an in18 debtedness previously paid by a member or former mem19 ber and cancelled under this section shall be refunded to

20 the member.

21 SEC. 8061. Appropriations contained in this Act that

22 remain available at the end of the current fiscal year as

23 a result of energy cost savings realized by the Department

24 of Defense shall remain available for obligation for the
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1 next fiscal year to the extent, and for the purposes, pro2 vided in section 2865 of title 10, United States Code.

3 SEC. 8062. During the current fiscal year and there4 after, voluntary separation incentives payable under 10

5 U.S.C. 1175 may be paid in such amounts as are nec6 essary from the assets of the Voluntary Separation Incen7 tive Fund established by section 1175(h)(1).

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8063. Amounts deposited during fiscal years

10 1994 and 1995 to the special account established under

11 40 U.S.C. 485(h)(2) and to the special account established

12 under 10 U.S.C. 2667(d)(1) are appropriated and shall

13 be available until transferred by the Secretary of Defense

14 to current applicable appropriations or funds of the De15 partment of Defense under the terms and conditions speci16 fied by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

17 2667(d)(1)(B), to be merged with and to be available for

18 the same time period and the same purposes as the appro19 priation to which transferred.

20 SEC. 8064. In order to maintain an electric furnace

21 capacity in the United States, preference for the purchase

22 of chromite ore and manganese ore authorized for disposal

23 from the National Defense Stockpile shall be given to do24 mestic producers of high carbon ferrochromium and high

25 carbon ferromanganese—
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1 (A) whose primary output during the three pre2 ceding years has been ferrochromium or

3 ferromanganese; and

4 (B) who guarantee to use the chromite and

5 manganese ore for domestic purposes.

6 SEC. 8064. Notwithstanding any other provision of

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

8 defense technology and industrial base of terminations and

9 significant reductions of major research and development

10 programs and procurement programs of the Department of

11 Defense shall address only those actions recommended by

12 the Defense Department in its annual budget request and

13 amendments thereto, supplemental requests, or proposed re14 scissions.

15 SEC. 8065. None of the funds in this or any other

16 Act shall be available for the preparation of studies on—

17 (a) the feasibility of removal and transportation

18 of unitary chemical weapons from the eight chemical

19 storage sites within the continental United States:

20 Provided, That this prohibition shall not apply to

21 non-stockpile material in the United States or to

22 studies needed for environmental analysis required

23 by the National Environmental Policy Act, or for

24 General Accounting Office studies requested by a
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1 Member of Congress or a Congressional Committee;

2 and

3 (b) the potential future uses of the nine chemi4 cal disposal facilities other than for the destruction

5 of stockpile chemical munitions and as limited by

6 section 1412(c)(2), Public Law 99–145: Provided,

7 That this prohibition does not apply to future use

8 studies for the CAMDS facility at Tooele, Utah.

9 SEC. 8066. During the current fiscal year, appropria10 tions available to the Department of Defense may be used

11 to reimburse a member of a reserve component of the

12 Armed Forces who is not otherwise entitled to travel and

13 transportation allowances and who occupies transient gov14 ernment housing while performing active duty for training

15 or inactive duty training: Provided, That such members

16 may be provided lodging in kind if transient government

17 quarters are unavailable as if the member was entitled to

18 such allowances under subsection (a) of section 404 of title

19 37, United States Code: Provided further, That if lodging

20 in kind is provided, any authorized service charge or cost

21 of such lodging may be paid directly from funds appro22 priated for operation and maintenance of the reserve com23 ponent of the member concerned.

24 SEC. 8067. For fiscal year 1995, the total amount

25 appropriated to fund the Uniformed Services Treatment
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1 Facilities program, operated pursuant to section 911 of

2 Public Law 97–99 (42 U.S.C. 248c), is limited to

3 $329,000,000 $296,000,000, of which not more than

4 $300,000,000 $270,000,000 may be provided by the funds

5 appropriated by this Act.

6 SEC. 8068. None of the funds available in this Act

7 may be used to support in any manner, including travel

8 or other related expenses, the ‘‘Tailhook Association’’:

9 Provided, That investigations by the Secretary of the Navy

10 or consultation with the Tailhook Association are not pro11 hibited by this provision.

12 SEC. 8069. The President shall include with each

13 budget for a fiscal year submitted to the Congress under

14 section 1105 of title 31, United States Code, materials

15 that shall identify clearly and separately the amounts re16 quested in the budget for appropriation for that fiscal year

17 for salaries and expenses related to administrative activi18 ties of the Department of Defense, the military depart19 ments, and the Defense Agencies.

20 SEC. 8070. None of the funds available to the De21 partment of Defense may be obligated or expended for

22 construction of Ground Wave Emergency Network

23 (GWEN) sites in Fiscal Year 1995.

24 SEC. 8071. Notwithstanding any other provision of

25 law, the Naval shipyards of the United States shall be eli-
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1 gible to participate in any manufacturing extension pro2 gram financed by funds appropriated in this or any other

3 Act.

4 SEC. 8072. During the current fiscal year, amounts

5 contained in the Department of Defense Overseas Military

6 Facility Investment Recovery Account established by sec7 tion 2921(c)(1) of the National Defense Authorization Act

8 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall

9 be available until expended for the payments specified by

10 section 2921(c)(2) of that Act.

11 SEC. 8073. During the current fiscal year and there12 after, annual payments granted under the provisions of

13 section 4416 of the National Defense Authorization Act

14 for Fiscal Year 1993 (Public Law 102–428; 106 Stat.

15 2714) shall be made from appropriations in this Act which

16 are available for the pay of reserve component personnel.

17 SEC. 8074. None of the funds appropriated by this

18 Act may be used to relocate the 116th Fighter Wing of

19 the Air National Guard from Dobbins Air Reserve Base

20 to Robins Air Force Base, or to convert that wing from

21 F–15A aircraft to B–1B aircraft.

22 SEC. 8074. Of the funds appropriated or otherwise

23 made available by this Act, not more than $119,200,000

24 shall be available for payment of the operating costs of

25 NATO Headquarters.
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1 SEC. 8075. None of the funds appropriated by this

2 Act shall be used to procure aircraft fuel cells unless the

3 fuel cells are produced or manufactured in the United

4 States by a domestic-operated entity: Provided, That the

5 Secretary of the military department responsible for the

6 procurement may waive this restriction on a case-by-case

7 basis by certifying in writing to the Committees on Appro8 priations of the House of Representatives and the Senate

9 that adequate domestic supplies are not available to meet

10 Department of Defense requirements on a timely basis

11 and that such an acquisition must be made in order to

12 acquire capability for national security purposes.

13 SEC. 8075. None of the funds available to the Depart14 ment of the Air Force shall be available to establish or sup15 port any organic depot maintenance support activity for

16 the B–2 bomber until the Under Secretary of Defense, Ac17 quisition and Technology reviews the existing infrastruc18 ture for the private sector and Air Force Depot support and

19 maintenance of the B–2 and reports to the Congressional

20 Defense Committees the most efficient and cost effective uti21 lization of public and private facilities to support the B–

22 2.

23 SEC. 8076. During the current fiscal year, appropria24 tions which are available to the Department of Defense

25 for operation and maintenance may be used to purchase
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1 items having an investment item unit cost of not more

2 than $50,000.

3 SEC. 8077. During the current fiscal year and there4 after, appropriations available for the pay and allowances

5 of active duty members of the Armed Forces shall be avail6 able to pay the retired pay which is payable pursuant to

7 section 4403 of Public Law 102–484 (10 U.S.C. 1293

8 note) under the terms and conditions provided in section

9 4403.

10 SEC. 8078. (a) During the current fiscal year, none

11 of the appropriations or funds available to the Defense

12 Business Operations Fund shall be used for the purchase

13 of an investment item for the purpose of acquiring a new

14 inventory item for sale or anticipated sale during the cur15 rent fiscal year or a subsequent fiscal year to customers

16 of the Defense Business Operations Fund if such an item

17 would not have been chargeable to the Defense Business

18 Operations Fund during fiscal year 1994 and if the pur19 chase of such an investment item would be chargeable dur20 ing the current fiscal year to appropriations made to the

21 Department of Defense for procurement.

22 (b) The fiscal year 1996 budget request for the De23 partment of Defense as well as all justification material

24 and other documentation supporting the fiscal year 1996

25 Department of Defense budget shall be prepared and sub-
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1 mitted to the Congress on the basis that any equipment

2 which was classified as an end item and funded in a pro3 curement appropriation contained in this Act shall be

4 budgeted for in a proposed fiscal year 1996 procurement

5 appropriation and not in the supply management business

6 area or any other area or category of the Defense Business

7 Operations Fund.

8 SEC. 8079. None of the funds provided in this Act

9 shall be available for use by a Military Department to

10 modify an aircraft, weapon, ship or other item of equip11 ment, that the Military Department concerned plans to

12 retire or otherwise dispose of within five years after com13 pletion of the modification: Provided, That this prohibition

14 shall not apply to safety modifications: Provided further,

15 That this prohibition may be waived by the Secretary of

16 a Military Department if the Secretary determines it is

17 in the best national security interest of the country United

18 States to provide such waiver and so notifies the congres19 sional defense committees in writing.

20 SEC. 8080. No part of the funds in this Act shall

21 be available to prepare or present a request to the Com22 mittees on Appropriations for reprogramming of funds,

23 unless for higher priority items, based on unforeseen mili24 tary requirements, than those for which originally appro25 priated and in no case where the item for which
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1 reprogramming is requested has been denied by the Con2 gress.

3 SEC. 8081. None of the funds appropriated by this

4 Act shall be available for payment of the compensation

5 of personnel assigned to or serving in the National For6 eign Intelligence Program in excess of 94 percent of such

7 personnel actually assigned to or serving in the National

8 Foreign Intelligence Program on September 30, 1992:

9 Provided, That in making any reduction in the number

10 of such personnel that may be required pursuant to this

11 section, the percentage of reductions to Senior Intelligence

12 Service positions shall be equal to or exceed the percentage

13 of reductions to non-Senior Intelligence Service positions:

14 Provided further, That in making any reduction in the

15 number of such personnel that may be required pursuant

16 to this section, the percentage of reductions to positions

17 in the National Capital Region shall be equal to or exceed

18 the percentage of reductions to positions outside of the

19 National Capital Region.

20 SEC. 8081. In addition to amounts appropriated or

21 otherwise made available by this Act, $97,000,000 is hereby

22 appropriated and shall be available for liquidating defi23 ciencies in the amounts specified in the appropriations

24 ‘‘National Guard Personnel, Army, 1992’’, $10,000,000;
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1 ‘‘National Guard Personnel, Army, 1993’’, $75,000,000;

2 and ‘‘Reserve Personnel, Army, 1993’’, $12,000,000.

3 SEC. 8082. None of the funds provided by this Act

4 may be used to pay the salaries of any person or persons

5 who authorize the transfer of obligated and deobligated

6 appropriations into the Reserve for Contingencies of the

7 Central Intelligence Agency.

8 SEC. 8083. None of the funds appropriated by this

9 Act for programs of the Central Intelligence Agency shall

10 remain available for obligation beyond the current fiscal

11 year, except for funds appropriated for the Reserve for

12 Contingencies, which shall remain available until Septem13 ber 30, 1996.

14 SEC. 8084. The classified Annex prepared by the

15 Committee on Appropriations to accompany the report on

16 the Department of Defense Appropriations Act, 1995 is

17 hereby incorporated into this Act: Provided, That the

18 amounts specified in the classified Annex are not in addi19 tion to amounts appropriated by other provisions of this

20 Act: Provided further, That the President shall provide for

21 appropriate distribution of the classified Annex, or of ap22 propriate portions of the classified Annex, within the exec23 utive branch of the Government.

24 SEC. 8085. Notwithstanding any other provision of

25 law, funds made available in this Act for the Defense In-
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1 telligence Agency may be used for the design, develop2 ment, and deployment of General Defense Intelligence

3 Program intelligence communications and intelligence in4 formation systems for the Services, the Unified and Speci5 fied Commands, and the component commands.

6 SEC. 8086. None of the funds appropriated by this

7 Act shall be available for the planning, programming or

8 actual movement of any component or function of the De9 fense Mapping Agency Aerospace Center annex from the

10 St. Louis, Missouri area.

11 SEC. 8086. None of the funds appropriated by this Act

12 may be used to pay health care providers under the Civilian

13 Health and Medical Program of the Uniformed Services

14 (CHAMPUS) for services determined under the CHAMPUS

15 Peer Review Organization (PRO) Program to be not medi16 cally or psychologically necessary. The Secretary of Defense

17 may by regulation adopt any quality and utilization review

18 requirements and procedures in effect for the Peer Review

19 Organization Program under title XVIII of the Social Secu20 rity Act (Medicare) that the Secretary determines necessary,

21 and may adapt the Medicare requirements and procedures

22 to the circumstances of the CHAMPUS PRO Program as

23 the Secretary determines appropriate.

24 SEC. 8087. Notwithstanding any other provision of

25 law, reimbursements received from the North Atlantic
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1 Treaty Organization for the E–3 Airborne Warning and

2 Control System (AWACS) Radar System Improvement

3 Program (RSIP) attributable to development work for fis4 cal years 1987 through 1992 shall be available to the Air

5 Force until September 30, 1995, for meeting that service’s

6 financial commitments for the AWACS RSIP.

7 SEC. 8088. (a) None of the funds appropriated or

8 otherwise made available in this Act may be used to trans9 port or provide for the transportation of chemical muni10 tions to the Johnston Atoll for the purpose of storing or

11 demilitarizing such munitions.

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

13 to any obsolete World War II chemical munition of the

14 United States found in the World War II Pacific Theater

15 of Operations.

16 (c) The President may suspend the application of

17 subsection (a) during a period of war in which the United

18 States is a party.

19 SEC. 8089. Notwithstanding any other provision of

20 law, funds made available in this Act and in the fiscal year

21 1994 Department of Defense Appropriations Act (Public

22 Law 103–139) under the heading ‘‘Procurement, Defense23 Wide’’ shall be available to pay equitable adjustments to

24 which the contractor is legally entitled for Coastal Patrol

25 Craft that were procured in prior fiscal years.
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1 SEC. 8090. Notwithstanding any other provision of

2 law, funds appropriated in this Act for the High Perform3 ance Computing Modernization Plan shall be made avail4 able only for the upgrade, purchase, or modernization of

5 supercomputing capability and capacity at all DOD high

6 performance computing sites: Provided, That contracts,

7 contract modifications, or contract options are awarded as

8 the result of full and open competition based upon the re9 quirements of the users.

10 SEC. 8090. Notwithstanding any other provision of

11 law, funds appropriated in this Act for the upgrade, pur12 chase, or modernization of supercomputing capability and

13 capacity under the High Performance Computing Mod14 ernization program shall only be available for contracts,

15 contract modifications, or contract options which are

16 awarded as the result of open competition based upon the

17 requirements of the users without regard to the architecture

18 or design of the supercomputer system.

19 SEC. 8091. Amounts collected for the use of the fa20 cilities of the National Science Center for Communications

21 and Electronics during the current fiscal year pursuant

22 to section 1459(g) of the Department of Defense Author23 ization Act, 1986 and deposited to the special account es24 tablished under subsection 1459(g)(2) of that Act are ap25 propriated and shall be available until expended for the
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1 operation and maintenance of the Center as provided for

2 in subsection 1459(g)(2).

3 SEC. 8092. The Secretary of Defense and the Direc4 tor of Central Intelligence shall deliver, no later than Jan5 uary 1, 1995, a report providing the following information

6 about all research and development projects involving the

7 implementation, monitoring, or verification of current and

8 projected international arms control agreements: (a) an9 nual and total budgets, goals, schedules, and priorities; (b)

10 relationships among related projects being funded by the

11 Department of Defense, the National Foreign Intelligence

12 Program, and other departments and agencies of the Fed13 eral Government; and (c) comments by the Arms Control

14 and Disarmament Agency about the relevance of each

15 project to the arms control priorities of the United States.

16 SEC. 8093. Notwithstanding any other provision of

17 law, none of the funds appropriated in this or any other

18 Act shall be used for the purchase of a totally enclosed

19 lifeboat survival system, which consists of the lifeboat and

20 associated davits and winches, if less than 75 percent of

21 the entire system’s components are manufactured in the

22 United States, and if less than 75 percent of the labor

23 in the manufacture and assembly of the entire system is

24 performed in the United States.
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1 SEC. 8093. None of the funds appropriated in this Act

2 may be used to fill the commander’s position at any mili3 tary medical facility with a health care professional unless

4 the prospective candidate can demonstrate professional ad5 ministrative skills.

6 SEC. 8094. (a) None of the funds appropriated in this

7 Act may be expended by an entity of the Department of

8 Defense unless the entity, in expending the funds, com9 plies with the Buy American Act. For purposes of this

10 subsection, the term ‘‘Buy American Act’’ means title III

11 of the Act entitled ‘‘An Act making appropriations for the

12 Treasury and Post Office Departments for the fiscal year

13 ending June 30, 1934, and for other purposes’’, approved

14 March 3, 1933 (41 U.S.C. 10a et seq.).

15 (b) If the Secretary of Defense determines that a per16 son has been convicted of intentionally affixing a label

17 bearing a ‘‘Made in America’’ inscription to any product

18 sold in or shipped to the United States that is not made

19 in America, the Secretary shall determine, in accordance

20 with section 2410f of title 10, United States Code, wheth21 er the person should be debarred from contracting with

22 the Department of Defense.

23 SEC. 8094. Of the funds appropriated to the Depart24 ment of Defense (DOD) for Operation and Maintenance,

25 Defense-Wide, not less than $8,000,000 shall be made avail-
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1 able until expended to the Administration for Native Amer2 icans within 90 days of enactment of this Act: Provided,

3 That such funds shall be made available only for the mitiga4 tion of environmental impacts, including training and

5 technical assistance to tribes, related administrative sup6 port, the gathering of information, documenting of environ7 mental damage, and developing a system for prioritization

8 of mitigation, on Indian lands resulting from Department

9 of Defense activities: Provided further, That the Department

10 of Defense shall provide to the Committees on Appropria11 tions of the Senate and House of Representatives by Sep12 tember 30, 1995, a summary report of all environmental

13 damage that has occurred on Indian land as a result of

14 DOD activities, to include, to the extent feasible, a list of

15 all documents and records known to the Department that

16 describe the activity or action causing or relating to such

17 environmental damage.

18 SEC. 8095. None of the funds available to the De19 partment of Defense in this Act shall be used by the Sec20 retary of a military department to purchase coal or coke

21 from foreign nations for use at United States defense fa22 cilities in Europe when coal from the United States is

23 available.

24 SEC. 8096. None of the funds appropriated or other25 wise made available by this Act may be used for a defense
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1 technology reinvestment project that is not selected pursu2 ant to the applicable competitive selection and other proce3 dures set forth in chapter 148 of title 10, United States

4 Code: Provided, That notwithstanding any other provision

5 of law, funds appropriated for defense reinvestment pro6 grams under the heading ‘‘Research, Development, Test and

7 Evaluation, Defense-Wide’’ shall not be obligated for any

8 individual project until an Assistant Secretary for Re9 search, Development, and Acquisition of the Military De10 partment which has a direct interest in the project certifies

11 to the Under Secretary of Defense, Acquisition and Tech12 nology that the project proposed to receive funds addresses

13 a bona fide need of that Military Department: Provided fur14 ther, That notwithstanding any other provision of law, of

15 the funds appropriated for defense reinvestment programs

16 under the heading ‘‘Research, Development, Test and Eval17 uation, Defense-Wide’’, $150,000,000 may only be obligated

18 for projects selected as a result of a focused competition held

19 in subject areas selected exclusively by the Assistant Sec20 retaries for Research, Development, and Acquisition of the

21 separate Military Departments: Provided further, That in

22 addition to the restriction contained in the preceding provi23 sos, the focused competitions shall be conducted in accord24 ance with other unaffected statutory provisions of the De-
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1 fense Conversion, Reinvestment, and Transition Assistance

2 Amendments of 1993.

3 SEC. 8097. None of the funds appropriated in this

4 Act are available for development of bi-static active capa5 bility in SURTASS unless the acoustic signal processing

6 for this capability is hosted exclusively on the AN/UYS–

7 2 in the operational system.

8 SEC. 8097. (a) Not later than April 1, 1995, the Sec9 retary of Defense shall submit to the Congressional defense

10 committees a management plan for the major university11 affiliated research centers which support the Department of

12 Defense.

13 (b) The master plan required by the preceding sub14 section shall—

15 (1) establish annual funding and manpower ceil16 ings for each institution, and a total annual funding

17 and manpower ceiling;

18 (2) describe in detail what specific actions are

19 being taken to increase management of these institu20 tions by the Office of the Secretary of Defense, and to

21 reduce future annual funding; and

22 (3) explain the contracting arrangement with

23 each institution, including an evaluation of whether

24 contracts for future efforts should be competitively

25 awarded.
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1 (c) For the purposes of this section, the term ‘‘major’’

2 shall apply to institutions which receive more than

3 $2,000,000 annually from the Department of Defense.

4 SEC. 8098. None of the funds appropriated by this

5 Act shall be available for a contract for studies, analyses,

6 or consulting services entered into without competition on

7 the basis of an unsolicited proposal unless the head of the

8 activity responsible for the procurement determines—

9 (1) as a result of thorough technical evaluation,

10 only one source is found fully qualified to perform

11 the proposed work, or

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

13 unsolicited proposal which offers significant sci14 entific or technological promise, represents the prod15 uct of original thinking, and was submitted in con16 fidence by one source, or

17 (3) the purpose of the contract is to take ad18 vantage of unique and significant industrial accom19 plishment by a specific concern, or to insure that a

20 new product or idea of a specific concern is given fi21 nancial support:

22 Provided, That this limitation shall not apply to contracts

23 in an amount of less than $25,000, contracts related to

24 improvements of equipment that is in development or pro25 duction, or contracts as to which a civilian official of the
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1 Department of Defense, who has been confirmed by the

2 Senate, determines that the award of such contract is in

3 the interest of the national defense.

4 SEC. 8099. Notwithstanding any other provision of

5 law, the Secretary of the Navy shall obligate funds made

6 available in the fiscal year 1993 Department of Defense

7 Appropriations Act (Public Law 102–396) and the fiscal

8 year 1994 Department of Defense Appropriations Act

9 (Public Law 103–139) under the heading ‘‘Aircraft Pro10 curement, Navy’’ for the USH–42 mission recorder for S–

11 3 aircraft.

12 (TRANSFER OF FUNDS)

13 SEC. 8099. Upon enactment of this Act, the Secretary

14 of Defense shall make the following transfers of funds: Pro15 vided, That the amounts transferred shall be available for

16 the same purposes as the appropriations to which trans17 ferred, and for the same time period as the appropriation

18 from which transferred: Provided further, That the amounts

19 shall be transferred between the following appropriations in

20 the amounts specified:

21 From:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1986/1990’’:

24 CG–47 cruiser program, $6,000,000;

25 LSD–41 landing ship dock program,

26 $1,700,000;
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1 T–AGOS ocean surveillance ship program,

2 $5,000,000;

3 For craft, outfitting, post delivery, and cost

4 growth, $2,438,000;

5 To:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1986/90’’:

8 SSN–688 attack submarine program,

9 $11,719,000;

10 MSH coastal mine hunter program,

11 $3,419,000;

12 From:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1987/1991’’:

15 TRIDENT ballistic missile submarine pro16 gram, $650,000;

17 DDG–51 destroyer program, $633,000;

18 CG–47 cruiser program, $283,000;

19 T–AO fleet oiler program, $2,800,000;

20 AO conversion program, $400,000;

21 For craft, outfitting, and post delivery,

22 $5,900,000;

23 Under the heading, ‘‘Shipbuilding and Conver24 sion, Navy, 1988/1992’’:

25 CG–47 cruiser program, $5,145,000;
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1 Weapons Procurement, Navy, 1993/1995,

2 $18,069,000;

3 To:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1987/1991’’:

6 SSN–688 attack submarine program,

7 $18,496,000;

8 AOE fast combat support ship program,

9 $15,384,000;

10 From:

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1988/1992’’:

13 CG–47 cruiser program, $11,993,000;

14 LSD–41 cargo variant ship program,

15 $4,773,000;

16 LHD–1 amphibious assault ship program,

17 $7,028,000;

18 AO conversion program, $1,900,000;

19 To:

20 Under the heading, ‘‘Shipbuilding and Conver21 sion, Navy, 1988/1992’’:

22 TRIDENT ballistic missile submarine pro23 gram, $6,035,000;

24 SSN–688 attack submarine program,

25 $19,659,000;
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1 From:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1989/1993’’:

4 LHD–1 amphibious assault ship program,

5 $3,400,000;

6 T–AO fleet oiler program, $3,488,000;

7 T–AGOS surveillance ship program,

8 $3,197,000;

9 AO conversion program, $1,300,000;

10 Weapons Procurement, Navy, 1993/1995,

11 $178,000;

12 Other Procurement, Navy, 1993/1995,

13 $22,400,000;

14 Research, Development, Test and Evalua15 tion, Navy, 1994/1995, $41,700,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1989/1993’’:

19 SSN–688 attack submarine program,

20 $18,939,000;

21 SSN–21 attack submarine program,

22 $37,123,000;

23 MHC coastal mine hunter program,

24 $1,700,000;
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1 AOE combat support ship program,

2 $17,901,000;

3 From:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1990/1994’’:

6 TRIDENT ballistic submarine program,

7 $2,400,000;

8 Aircraft carrier service life extension pro9 gram, $346,000;

10 MCM mine countermeasures program,

11 $657,000;

12 Oceanographic ship program, $3,964,000;

13 LCAC landing craft air cushion program,

14 $1,188,000;

15 Aircraft Procurement, Navy, 1993/1995,

16 $6,000,000;

17 Weapons Procurement, Navy, 1993/1995,

18 $6,753,000;

19 Other Procurement, Navy, 1994/1996,

20 $1,297,000;

21 To:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1990/1994’’:

24 SSN–688 attack submarine program,

25 $9,046,000;
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1 MHC coastal mine hunter program,

2 $3,575,000;

3 AOE combat support ship program,

4 $9,984,000;

5 From:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1991/1995’’:

8 TRIDENT ballistic missile submarine pro9 gram, $39,500,000;

10 DDG–51 destroyer program, $8,200,000;

11 LSD–41 dock landing ship cargo variant

12 ship program, $22,427,000;

13 Aircraft Procurement, Navy, 1994/1996,

14 $17,000,000;

15 Other Procurement, Navy, 1994/1996,

16 $666,000;

17 Procurement, Marine Corps, 1993/1995,

18 $6,600,000;

19 To:

20 Under the heading, ‘‘Shipbuilding and Conver21 sion, Navy, 1991/1995’’:

22 SSN–21 attack submarine program,

23 $48,240,000;

24 LHD–1 amphibious assault ship program,

25 $43,600,000;
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1 MHC coastal mine hunter program,

2 $2,553,000;

3 From:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1992/1996’’:

6 For craft, outfitting, post delivery, and

7 DBOF transfer, $5,183,000;

8 Other Procurement, Navy, 1994/1996,

9 $29,261,000;

10 To:

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1992/1996’’:

13 DDG–51 destroyer program, $22,958,000;

14 MHC coastal mine hunter program,

15 $11,486,000;

16 From:

17 Weapons Procurement Navy, 1993/1995,

18 $30,000,000;

19 Other Procurement, Navy, 1994/1996,

20 $38,438,000;

21 To:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1993/1997’’:

24 DDG–51 destroyer program, $26,894,000;
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1 LSD–41 cargo variant ship program,

2 $5,663,000;

3 MHC coastal mine hunter program,

4 $7,615,000;

5 AOE combat support ship program,

6 $28,266,000;

7 From:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1994/1998’’:

10 For craft, outfitting, post delivery, and first

11 destination transportation, $5,000,000;

12 Weapons Procurement, Navy, 1994/1996,

13 $14,000,000;

14 Other Procurement, Navy, 1994/1996,

15 $435,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1994/1998’’:

19 LHD–1 amphibious assault ship program,

20 $15,131,000;

21 Oceanographic ship program, $4,304,000.

22 SEC. 8100. It is the sense of Congress that none of

23 the funds appropriated or otherwise made available by this

24 Act should be available for the purposes of deploying

25 United States Armed Forces to participate in the imple-
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1 mentation of a peace settlement in Bosnia-Herzegovina,

2 unless previously authorized by the Congress.

3 (TRANSFER OF FUNDS)

4 SEC. 8101. In addition to any other transfer author5 ity contained in this Act, funding appropriated under the

6 heading ‘‘Operation and Maintenance, Defense-Wide’’ for

7 increasing energy and water efficiency in Federal build8 ings may be transferred to other appropriations or funds

9 of the Department of Defense, to be merged with and to

10 be available for the same purposes, and for the same time

11 period, as the appropriation or fund to which transferred.

12 SEC. 8101. None of the funds provided in this Act may

13 be obligated to initiate a program, or project, or award a

14 new contract to modify or upgrade the B–1, B–2, or B–

15 52 aircraft until the Secretary of Defense has submitted a

16 cost and operational effectiveness analysis for Air Force

17 bomber programs to the Committees on Appropriations and

18 Armed Services of the Senate and House of Representatives:

19 Provided, That this section shall not apply to safety of flight

20 modifications.

21 SEC. 8102. Funds appropriated by this Act for intel22 ligence activities are deemed to be specifically authorized

23 by the Congress for purposes of section 504 of the Na24 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

25 year 1995 until the enactment of the Intelligence Author26 ization Act for fiscal year 1995.
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1 SEC. 8103. (1) Except as provided in subsection (c)

2 below, it is the sense of the Congress that none of the

3 funds appropriated by this Act should be obligated or ex4 pended for costs incurred by the United States Armed

5 Forces units serving in any international peacekeeping or

6 peace-enforcement operations under the authority of

7 Chapter VI or Chapter VII of the United Nations Charter

8 and under the authority of a United Nations Security

9 Council Resolution, or for costs incurred by United States

10 Armed Forces serving in any significant international hu11 manitarian, peacekeeping or peace-enforcement oper12 ations, unless—

13 (a) the President initiates consultations with

14 the bi-partisan leadership of Congress, including the

15 leadership of the relevant committees, regarding

16 such operations; these consultations should be initi17 ated at least fifteen days prior to the initial deploy18 ment of United States Armed Forces units to par19 ticipate in such an operation, whenever possible, but

20 in no case later than forty-eight hours after such a

21 deployment; and these consultations should continue

22 on a periodic basis throughout the period of the de23 ployment;

24 (b) such consultation should include discussion

25 of—
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1 (1) the goals of the operation and the mis2 sion of any United States Armed Forces units

3 involved in the operation;

4 (2) the United States interests that will be

5 served by the operation;

6 (3) the estimated cost of the operation;

7 (4) the strategy by which the President

8 proposes to fund the operation, including pos9 sible supplemental appropriations or payments

10 from international organizations, foreign coun11 tries or other donors;

12 (5) the extent of involvement of armed

13 forces and other contributions of personnel

14 from other nations; and

15 (6) the operation’s anticipated duration

16 and scope;

17 (c) subsection (a) does not apply with respect to

18 an international humanitarian assistance operation

19 carried out in response to natural disasters; or to

20 any other international humanitarian assistance op21 eration if the President reports to Congress that the

22 estimated cost of such operation is less than

23 $50,000,000.

24 (2) Further, it is the sense of the Congress that the

25 President should seek supplemental appropriations for any
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1 significant deployment of United States Armed Forces

2 when such forces are to perform or have been performing

3 international humanitarian, peacekeeping or peace-en4 forcement operations.

5 SEC. 8103. None of the funds available to the Depart6 ment of Defense during fiscal year 1995 may be obligated

7 or expended to reimburse States which are parties to the

8 Treaty on the Elimination of Intermediate-Range and

9 Shorter-Range Missiles concluded on December 8, 1987, and

10 the Treaty on the Reduction and Limitation of Strategic

11 Offensive Arms, concluded July 31, 1991, for costs allocated

12 to such States by either of those treaties where such costs

13 are incurred in support of inspections conducted by the

14 United States: Provided, That the limitation in this section

15 shall not apply if the Senate of the United States gives its

16 advice and consent to the ratification of an amendment to

17 those treaties which changes the financial obligations of the

18 parties to those treaties with respect to inspection costs.

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8104. Balances of the funds appropriated in

21 Public Laws 102–172, 102–396, and 103–139, under the

22 headings ‘‘World University Games’’, ‘‘Summer Olym23 pics’’, and ‘‘World Cup USA 1994’’ in title II of those

24 Acts shall be merged into a single account entitled ‘‘Sup25 port for International Sporting Competitions, Defense’’, to

26 remain available until expended: Provided further, That
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1 such account shall be available for the purpose of liquidat2 ing obligations incurred under the appropriations from

3 which funds are transferred pursuant to the provisions of

4 this section and for providing support to the 1996 Games

5 of the XXVI Olympiad to be held in Atlanta, Georgia,

6 under the terms and conditions specified in those Acts

7 under the headings ‘‘Summer Olympics’’ and for providing

8 support to any other international sporting competitions,

9 as provided for in Authorization or Appropriations Acts,

10 during the current fiscal year and thereafter.

11 SEC. 8104. The Secretary of Defense shall ensure that

12 all applicable DOD regulations and component command,

13 installation, or agency policies and procedures governing

14 temporary duty travel on official military business to the

15 States of Hawaii and Alaska require no higher levels of ap16 proval or stricter controls than travel within the continental

17 United States.

18 SEC. 8105. Of the funds appropriated in this Act, not

19 to exceed $68,000,000 may be used for the purchase or

20 construction of vessels for the Ready Reserve Force com21 ponent of the National Defense Reserve Fleet, as estab22 lished by section 11 of the Merchant Ship Sales Act of

23 1946 (50 U.S.C. App. 1744).

24 SEC. 8105. None of the funds available to the Depart25 ment of Defense may be used to support the relocation of
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1 P–3 aircraft squadrons or other aircraft or units from the

2 Naval Air Station at Barbers Point, Hawaii unless such

3 relocation was specifically stated in the 1993 Report to the

4 President of the Defense Base Closure and Realignment

5 Commission.

6 SEC. 8106. After September 1, 1995, none of the

7 funds in this Act are available for research, development,

8 acquisition, or launch of Titan IV expendable launch vehi9 cles: Provided, That the above provision shall not apply

10 if the Secretary of Defense certifies to the Congress a plan

11 for the development of and initiation of a competition for

12 a family of launch vehicles that is—

13 (1) capable of launching both medium and

14 heavy payloads,

15 (2) fully funded in the outyears, and

16 (3) scheduled to be available prior to the launch

17 of the 41st Titan IV expendable launch vehicle:

18 Provided further, That MILSTAR satellites 1 through 6

19 shall be launched on vehicles being procured as a part of

20 the current contract for 41 Titan IV launch vehicles: Pro21 vided further, That none of the funds in this Act may be

22 used to procure more than 41 Titan IV expendable launch

23 vehicles.

24 SEC. 8106. In the case of members who separate from

25 active duty or full-time National Guard duty in a military
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1 department pursuant to a Special Separation Benefits pro2 gram (10 U.S.C. Sec. 1174a) or a Voluntary Separation

3 Incentive program (10 U.S.C. Sec. 1175) at any time after

4 the enactment of this Act, the separation payments paid

5 such members who are also paid any bonus provided for

6 in chapter 5, title 37, United States Code, during the same

7 years in which they separate shall be reduced (but in no

8 event to an amount less than zero) by an amount equal

9 to any such bonus: Provided, That any future bonus pay10 ments to which such members would otherwise be entitled

11 are rescinded: Provided further, That this measure will not

12 apply to members who separate during the last year of a

13 bonus paid pursuant to chapter 5, title 37, United States

14 Code: Provided further, That civilian employees of the De15 partment of Defense are prohibited from receiving vol16 untary separation payments if such employees are rehired

17 by any agency of the Federal Government within one hun18 dred and eighty days of separating from the Department

19 of Defense: Provided further, That members who separate

20 from active duty or full-time National Guard duty in a

21 military department at any time after the enactment of this

22 Act, are prohibited from receiving Special Separation Bene23 fits program (10 U.S.C. Sec. 1174a) or Voluntary Separa24 tion Incentive program (10 U.S.C. Sec. 1175) payments if

25 rehired by the Department of Defense within one hundred
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1 and eighty days of separating from active duty or full-time

2 National Guard Duty.

3 SEC. 8107. Notwithstanding any other provision of

4 law, of the funds appropriated to the Department of the

5 Navy for Operation and Maintenance, not less than

6 $3,000,000 shall be obligated and expended only for oper7 ation and maintenance, purchase of automatic data proc8 essing equipment, or in-house central design development

9 for the Naval Reserve Force Information Systems Office,

10 the Navy Reserve Personnel Center, the Enlisted Person11 nel Management Center, and the collocated Naval Com12 puter and Telecommunications Station: Provided, That

13 notwithstanding any other provision of law, of the funds

14 appropriated to the Department of Defense for Procure15 ment, Defense-Wide not less than $10,000,000 shall be

16 obligated and expended only for automatic data processing

17 equipment or software, or in-house central design develop18 ment for the Naval Reserve Force Information Systems

19 Office, the Naval Reserve Personnel Center, the Enlisted

20 Personnel Management Center and the collocated Naval

21 Computer and Telecommunications Station: Provided fur22 ther, That the Secretary of the Navy shall establish the

23 Naval Reserve Force Information Systems Office, the En24 listed Personnel Management Center, and the collocated

25 Naval Computer and Telecommunications Station, as the
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1 designers, developers, managers, integrators and central

2 design activity for the software development and mainte3 nance of the Naval active and reserve Single Source Data

4 Collection System.

5 (TRANSFER OF FUNDS)

6 SEC. 8107. Within amounts appropriated in this Act,

7 $5,000,000 shall be made available for pay and allowances

8 for the Office of the Assistant Secretary of Defense for Re9 serve Affairs to be available only for support of Civil-Mili10 tary Cooperation program operations, for transfer to appro11 priations available to the Department of Defense for mili12 tary personnel of the reserve components serving under the

13 provisions of title 10 and title 32, United States Code: Pro14 vided, That the funds made available by this paragraph

15 shall be available for obligation for the same time period

16 and for the same purpose as the appropriation to which

17 transferred: Provided further, That the transfer authority

18 provided in this paragraph is in addition to any transfer

19 authority contained elsewhere in this Act.

20 SEC. 8108. No funds available to the Department of

21 Defense may be used to establish additional field operating

22 agencies or field offices of any element of the Department

23 during fiscal year 1995: Provided, That after August 30,

24 1995, none of the funds available to the Department of

25 Defense shall be used to support more than fifty percent

26 of the field operating agencies or field offices of any ele-
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1 ment of the Department of Defense which were in exist2 ence on September 30, 1994.

3 SEC. 8108. Notwithstanding any other provision of

4 law, for resident classes entering the war colleges after Sep5 tember 30, 1996, the Department of Defense shall require

6 that not less than 20 percent of the total of United States

7 military students at each war college shall be from military

8 departments other than the hosting military department:

9 Provided, That each military department will recognize the

10 attendance at a sister military department war college as

11 the equivalent of attendance at its own war college for pro12 motion and advancement of personnel.

13 SEC. 8109. None of the funds made available in this

14 Act under the heading ‘‘Shipbuilding and Conversion,

15 Navy’’ may be obligated for the DDG–51 destroyer pro16 gram or the LHD–1 amphibious assault ship program

17 until the fiscal year 1995 options for acquisition of sealift

18 ships have been exercised.

19 SEC. 8109. None of the funds provided in this Act may

20 be expended for the refurbishment of M61/20 mm Gatling

21 Gun assets for domestic or foreign military sales unless the

22 Department of the Air Force competes this work among

23 qualified depots and commercial contractors.

24 SEC. 8110. None of the funds provided in this Act

25 may be used to procure crystal oscillator carriers, ceramic
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1 package incorporating ceramic components joined with

2 glass (frit) or epoxy seals, or multi-layer co-fired single

3 chip ceramic packages unless such products are produced

4 or manufactured in the United States: Provided, That

5 when adequate domestic supplies are not available to meet

6 Department of Defense requirements on a timely basis,

7 the Secretary of the service responsible for the procure8 ment may waive this restriction on a case-by-case basis

9 by certifying in writing to the Committees on Appropria10 tions that such an acquisition must be made in order to

11 acquire capability for national security purposes.

12 SEC. 8110. None of the funds provided in this Act may

13 be obligated or expended for the sale of zinc in the National

14 Defense Stockpile if zinc commodity prices decline more

15 than five percent below the London Metals Exchange market

16 price reported on the date of enactment of this Act.

17 SEC. 8111. Notwithstanding any other provision of

18 law, funds made available in the fiscal year 1993 and 1994

19 Department of Defense Appropriations Acts for the EA–

20 6B program are to be used exclusively to begin engineer21 ing changes that will increase the capability of the Navy’s

22 EA–6B aircraft by insertion of the critical elements of the

23 EA–6B ADVCAP receiver processor group system into the

24 on-board system and the addition of the ALQ–149 Com25 mand, Control, and Communications countermeasure sys-
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1 tem: Provided, That these funds shall be obligated no later

2 than 120 days after enactment of this Act: Provided fur3 ther, That the Secretary of the Navy shall obligate

4 $6,000,000 made available in the fiscal year 1994 Depart5 ment of Defense Appropriations Act (Public Law 103–

6 139) exclusively for the miniaturization of the EA–6B

7 RPG technology for use on the Navy’s electronic warfare

8 aircraft.

9 SEC. 8111. Notwithstanding any other provision of

10 law, the Secretary of the Navy shall reimburse the

11 Muckleshoot Indian Tribe of Auburn, Washington, for costs

12 that have been validated as having been expended in the

13 development and submission of a base reuse plan for Puget

14 Sound Naval Air Station: Provided, That the Muckleshoot

15 Indian Tribe cost reimbursement claims shall be submitted

16 to and validated by the General Counsel of the Department

17 of Defense prior to reimbursement by the Secretary of the

18 Navy: Provided further, That in no case shall total reim19 bursements for these costs exceed $600,000.

20 (TRANSFER OF FUNDS)

21 SEC. 8112. For the rehabilitation of damage caused

22 to Rongelap Atoll by the nuclear testing program and for

23 the resettlement of Rongelap Atoll, $5,000,000 is appro24 priated to the Department of Defense, which shall be

25 transferred to the Department of the Interior for deposit

26 into the Rongelap Resettlement Trust Fund.
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1 SEC. 8113. None of the funds provided in this Act

2 may be used to develop the Sustaining Base Information

3 System until the Assistant Secretary of Defense for Com4 mand, Control, Communications and Intelligence has cer5 tified to the Armed Services and Appropriations Commit6 tees of Congress that the Department of Defense has pub7 lished a complete and comprehensive system functional de8 scription governing the acquisition and has received from

9 the contractor an estimate of the number of lines of soft10 ware code to implement such functional description and

11 an estimate of the attendant cost: Provided, That none

12 of the work content of the Sustaining Base Information

13 System contract may be performed instead by government

14 in-house activities without being competed if such efforts

15 are passed through government organizations to other

16 than Sustaining Base Information System contractors.

17 SEC. 8113. PROHIBITION ON USE OF FUNDS FOR CER18 TAIN ACTIVITIES AT CAMERON STATION, VIRGINIA. (a)

19 PROHIBITION.—None of the funds appropriated in this Act

20 or otherwise made available to the Department of Defense

21 may be obligated or expended by the Secretary of Defense

22 for the execution pursuant to subsection (f) of section 501

23 of the Stewart B. McKinney Homeless Assistance Act of (42

24 U.S.C. 11411) of a lease, permit, or deed of conveyance for

25 use to assist the homeless of any property described in sub-
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1 section (b) until the Secretary of Health and Human Serv2 ices, appropriate representatives of the City of Alexandria,

3 Virginia, and representatives of the homeless whose applica4 tions for use of such property to assist the homeless have

5 been approved by the Secretary of Health and Human Serv6 ices under subsection (e)(3) of such section jointly determine

7 that such use is reasonable under the redevelopment plan

8 for Cameron Station, Virginia.

9 (b) COVERED PROPERTY.—Subsection (a) applies to

10 the public buildings and real property located at Cameron

11 Station, Virginia, which installation was approved for clo12 sure pursuant to the provisions of title II of the Defense

13 Authorization Amendments and Base Closure and Realign14 ment Act (Public Law 100–526; 10 U.S.C. 2687 note).

15 SEC. 8114. The Assistant Secretary of Defense for

16 Command, Control, Communications and Intelligence

17 shall establish and implement a master plan for all acqui18 sitions of automated document conversion systems, equip19 ment, and technologies: Provided, That none of the funds

20 in this Act may be used to develop technologies or to ac21 quire new automated document conversion equipment,

22 services, or systems which cost more than $5,000,000

23 after January 1, 1995 unless such acquisitions are ap24 proved in advance by the Assistant Secretary or his des25 ignee: Provided further, That of the funds appropriated to
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1 the Department of Defense for Procurement, Defense2 Wide, not less than $30,000,000 shall be used only to inte3 grate the Automated Document Conversion System into

4 the Joint Engineering Data Management and Information

5 Control System.

6 SEC. 8114. (a) IN GENERAL.—The fiscal year 1995 in7 crease in military retired pay shall (notwithstanding sub8 paragraph (B) of section 1401a(b)(2) of title 10, United

9 States Code) first be payable as part of such retired pay

10 for the month of March 1995.

11 (b) DEFINITIONS.—For the purposes of subsection (a):

12 (1) The term ‘‘fiscal year 1995 increase in mili13 tary retired pay’’ means the increase in retired pay

14 that, pursuant to paragraph (1) of section 1401a(b)

15 of title 10, United States Code, becomes effective on

16 December 1, 1994.

17 (2) The term ‘‘retired pay’’ includes retainer

18 pay.

19 SEC. 8115. Notwithstanding any other provision of

20 law, none of the funds provided in this Act may be used

21 to procure vessel propellers six feet in diameter and great22 er unless such propellers are manufactured in the United

23 States incorporating only casting which are poured and

24 finished in the United States. Nor may any of the funds

25 provided in this Act be used to procure ship propulsion
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1 shafting unless such ship propulsion shafting is manufac2 tured in the United States: Provided, That when adequate

3 domestic supplies are not available to meet Department

4 of Defense requirements on a timely basis, the Secretary

5 of the service responsible for the procurement may waive

6 this restriction on a case-by-case basis by certifying in

7 writing to the Committees on Appropriations that such an

8 acquisition must be made in order to acquire capability

9 for national security purposes.

10 (TRANSFER OF FUNDS)

11 SEC. 8115. In addition to amounts appropriated or

12 otherwise made available by this Act, $11,200,000 is hereby

13 appropriated to the Department of Defense and shall be

14 available only for transfer to the United States Coast Guard

15 for a 2.6 percent pay increase for uniformed members.

16 (TRANSFER OF FUNDS)

17 SEC. 8116. Notwithstanding any other provision of

18 law, $16,300,000 made available in the fiscal year 1993

19 Department of Defense Appropriations Act (Public Law

20 102–396) for ‘‘Other Procurement, Navy’’ and

21 $5,900,000 made available in the fiscal year 1994 Depart22 ment of Defense Appropriations Act (Public Law 103–

23 139) for ‘‘Other Procurement, Navy’’ shall be transferred

24 to ‘‘Research, Development, Test and Evaluation, Navy’’

25 for the SPS–48E program.
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1 SEC. 8116. Notwithstanding any other provision of

2 law, for education and training expenses not otherwise pro3 vided for, $119,000,000 is appropriated for aiding school

4 districts in accordance with authority granted under Public

5 Law 81–874.

6 SEC. 8117. Notwithstanding any other provision of

7 law, the Department of Defense shall award contracts for

8 the CHAMPUS Reform Initiative in California-Hawaii

9 and the Managed Care Support initiative in Washington10 Oregon regions in sufficient time for the contractors to

11 begin to provide health care under those contracts no later

12 than April 1, 1995 in California and Hawaii, and not later

13 than March 1, 1995 for Washington and Oregon, or as

14 soon thereafter as practicable.

15 SEC. 8117. After April 15, 1995, none of the funds pro16 vided in this Act may be obligated for payment on contracts

17 on which allowable costs charged to the government include

18 payments for individual compensation in excess of the rate

19 of compensation of Level I of the Executive Schedule em20 ployees of the United States Government.

21 SEC. 8118. None of the funds appropriated in this

22 Act shall be used for the recruitment or enrollment of a

23 new student or class of students at the Uniformed Services

24 University of the Health Sciences.
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1 SEC. 8119. None of the funds appropriated or made

2 available by this Act shall be obligated to procure active

3 matrix liquid crystal displays unless the displays, including

4 the active and passive plates, are produced or manufac5 tured in the United States by a domestic-owned and do6 mestic-operated entity: Provided, That the Secretary of

7 the military department or head of a Defense Agency re8 sponsible for the procurement may waive this restriction

9 on a case-by-case basis by certifying in writing to the

10 Committees on Appropriations of the House of Represent11 atives and the Senate that adequate domestic supplies are

12 not available to meet Department of Defense requirements

13 on a timely basis and that such an acquisition must be

14 made in order to acquire capability for national security

15 purposes: Provided further, That these restrictions shall

16 not apply to contracts which are in being as of the date

17 of enactment of this Act.

18 SEC. 8120. None of the funds appropriated in this

19 Act to the Department of the Army may be obligated for

20 procurement of 120mm mortars or 120mm mortar ammu21 nition manufactured outside of the United States.

22 SEC. 8121. The total amount appropriated to or for

23 the use of the Department of Defense by this Act for re24 search, development, test and evaluation for management

25 support is hereby reduced by $30,000,000: Provided, That
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1 the Secretary of Defense shall allocate the amount reduced

2 in the preceding sentence and not later than December

3 31, 1994, report to the Senate and the House Committees

4 on Appropriations and Armed Services how this reduction

5 was allocated among the services and Defense Agencies.

6 This Act may be cited as the ‘‘Department of Defense

7 Appropriations Act, 1995’’.

8 Titles I through VIII of this Act may be cited as the

9 ‘‘Department of Defense Appropriations Act, 1995’’.

10 TITLE IX—FISCAL YEAR 1994 SUPPLEMENTAL

11 APPROPRIATION

12 The following sum is appropriated, out of any money

13 in the Treasury not otherwise appropriated, for the fiscal

14 year ending September 30, 1994, namely:

15 DEPARTMENT OF DEFENSE

16 MANAGEMENT FUNDS

17 EMERGENCY RESPONSE FUND

18 For the ‘‘Emergency Response Fund’’, $170,000,000:

19 Provided, That these funds may be used to reimburse appro20 priations of the Department of Defense for costs incurred

21 for emergency relief for Rwanda: Provided further, That the

22 Secretary of State shall provide a report to the Congress

23 no later than September 1, 1994, as to the burden-sharing

24 arrangements in the Rwanda relief operation that have been

25 negotiated and implemented with other nations, and inter-
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1 national public and private organizations, as to both cost

2 and personnel participation, including armed forces par3 ticipation: Provided further, That the Secretary of Defense

4 shall provide assessments to the Congress no later than Sep5 tember 1, 1994, of (1) any threats to the security of United

6 States personnel, including armed forces personnel, in the

7 Rwanda relief operation, and (2) the extent to which the

8 UNAMIR peacekeeping operation has established a security

9 system within the country of Rwanda: Provided further,

10 That any change in the mission from one of strict refugee

11 relief to security, peace-enforcing, nation-building or any

12 other substantive role, shall not be implemented without the

13 further approval of the Congress: Provided further, That

14 United States armed forces shall not participate in relief

15 operations inside Rwanda until and unless the President

16 has certified to the Congress that the security situation in

17 the countryside has stabilized to the extent that United

18 States forces will not play a peacekeeping or peace-enforc19 ing role between the warring factions inside Rwanda: Pro20 vided further, That no funds are available for United States

21 participation in operations in or around Rwanda after Oc22 tober 7, 1994: Provided further, That the President shall

23 provide a plan to the Congress by September 15, 1994, as

24 to how he will terminate United States involvement in the

25 Rwanda operation by October 7, 1994, unless an extension
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1 of time is approved by the Congress, and what arrange2 ments have been made for other nations and international

3 public and private organizations to replace United States

4 resources and personnel.

Passed the House of Representatives June 29, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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