IIA

103D CONGRESS

2D SESSION H. R. 4650

IN THE SENATE OF THE UNITED STATES

JUNE 30 (legislative day, JUNE 7), 1994

Received; read twice and referred to the Committee on Appropriations

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:
2

HR 4650 RFS

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.

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
3

HR 4650 RFS

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.

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.

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)
4

HR 4650 RFS

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.

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.

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,
5

HR 4650 RFS

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 RESERVE PERSONNEL, MARINE CORPS

7 For pay, allowances, clothing, subsistence, gratuities,

8 travel, and related expenses for personnel of the Marine

9 Corps Reserve on active duty under section 265 of title

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

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

12 connection with performing duty specified in section

13 678(a) of title 10, United States Code, or while under14 going reserve training, or while performing drills or equiv15 alent duty, and for members of the Marine Corps platoon

16 leaders class, and expenses authorized by section 2131 of

17 title 10, United States Code; and for payments to the De18 partment of Defense Military Retirement Fund;

19 $354,048,000.

20 RESERVE PERSONNEL, AIR FORCE

21 For pay, allowances, clothing, subsistence, gratuities,

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

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

24 8038 of title 10, United States Code, or while serving on

25 active duty under section 672(d) of title 10, United States
6

HR 4650 RFS

1 Code, in connection with performing duty specified in sec2 tion 678(a) of title 10, United States Code, or while un3 dergoing reserve training, or while performing drills or

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

5 Reserve Officers’ Training Corps, and expenses authorized

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

7 payments to the Department of Defense Military Retire8 ment Fund; $782,434,000.

9 NATIONAL GUARD PERSONNEL, ARMY

10 For pay, allowances, clothing, subsistence, gratuities,

11 travel, and related expenses for personnel of the Army Na12 tional Guard while on duty under section 265, 3021, or

13 3496 of title 10 or section 708 of title 32, United States

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

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

16 in connection with performing duty specified in section

17 678(a) of title 10, United States Code, or while under18 going training, or while performing drills or equivalent

19 duty or other duty, and expenses authorized by section

20 2131 of title 10, United States Code; and for payments

21 to the Department of Defense Military Retirement Fund;

22 $3,378,705,000.

23 NATIONAL GUARD PERSONNEL, AIR FORCE

24 For pay, allowances, clothing, subsistence, gratuities,

25 travel, and related expenses for personnel of the Air Na-
7

HR 4650 RFS

1 tional Guard on duty under section 265, 8021, or 8496

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

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

4 or section 502(f) of title 32, United States Code, in con5 nection with performing duty specified in section 678(a)

6 of title 10, United States Code, or while undergoing train7 ing, or while performing drills or equivalent duty or other

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

9 United States Code; and for payments to the Department

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

11 TITLE II

12 OPERATION AND MAINTENANCE

13 OPERATION AND MAINTENANCE, ARMY

14 (INCLUDING TRANSFER OF FUNDS)

15 For expenses, not otherwise provided for, necessary

16 for the operation and maintenance of the Army, as author17 ized by law; and not to exceed $14,437,000 can be used

18 for emergencies and extraordinary expenses, to be ex19 pended on the approval or authority of the Secretary of

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

21 of necessity for confidential military purposes;

22 $17,836,504,000, of which $150,000,000 for real property

23 maintenance shall be made available for obligation until

24 September 30, 1996 and, in addition, $50,000,000 shall

25 be derived by transfer from the National Defense Stock-
8

HR 4650 RFS

1 pile Transaction Fund: Provided, That of the funds appro2 priated in this paragraph, not less than $388,599,000

3 shall be made available only for conventional ammunition

4 care and maintenance: Provided further, That of the funds

5 appropriated in this paragraph, $5,800,000 shall be avail6 able only for removal of Department of Defense equipment

7 from Pine Bluff Arsenal: Provided further, That of the

8 funds appropriated in this paragraph, $473,763,000 shall

9 not be obligated or expended until authorized by law.

10 OPERATION AND MAINTENANCE, NAVY

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses, not otherwise provided for, necessary

13 for the operation and maintenance of the Navy and the

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

15 $4,301,000 can be used for emergencies and extraordinary

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

17 the Secretary of the Navy, and payments may be made

18 on his certificate of necessity for confidential military pur19 poses; $21,316,555,000, of which $200,000,000 for real

20 property maintenance shall be made available for obliga21 tion until September 30, 1996 and, in addition,

22 $50,000,000 shall be derived by transfer from the Na23 tional Defense Stockpile Transaction Fund: Provided,

24 That of the funds appropriated in this paragraph,
9

HR 4650 RFS

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

2 authorized by law.

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For expenses, not otherwise provided for, necessary

5 for the operation and maintenance of the Marine Corps,

6 as authorized by law; $2,097,395,000, of which

7 $66,000,000 for real property maintenance shall be made

8 available for obligation until September 30, 1996: Pro9 vided, That of the funds appropriated in this paragraph,

10 $100,300,000 shall not be obligated or expended until au11 thorized by law.

12 OPERATION AND MAINTENANCE, AIR FORCE

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses, not otherwise provided for, necessary

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

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

17 used for emergencies and extraordinary expenses, to be ex18 pended on the approval or authority of the Secretary of

19 the Air Force, and payments may be made on his certifi20 cate of necessity for confidential military purposes;

21 $18,913,050,000, of which $84,000,000 for real property

22 maintenance shall be made available for obligation until

23 September 30, 1996 and, in addition, $50,000,000 shall

24 be derived by transfer from the National Defense Stock25 pile Transaction Fund: Provided, That of the funds appro-
10

HR 4650 RFS

1 priated in this paragraph, $179,592,000 shall not be obli2 gated or expended until authorized by law.

3 OPERATION AND MAINTENANCE, DEFENSE-WIDE

4 For expenses, not otherwise provided for, necessary

5 for the operation and maintenance of activities and agen6 cies of the Department of Defense (other than the military

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

8 which not to exceed $25,000,000 may be available for the

9 CINC initiative fund account; and of which not to exceed

10 $23,768,000 can be used for emergencies and extraor11 dinary expenses, to be expended on the approval or author12 ity of the Secretary of Defense, and payments may be

13 made on his certificate of necessity for confidential mili14 tary purposes.

15 OPERATION AND MAINTENANCE, ARMY RESERVE

16 For expenses, not otherwise provided for, necessary

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Army Reserve; re19 pair of facilities and equipment; hire of passenger motor

20 vehicles; travel and transportation; care of the dead; re21 cruiting; procurement of services, supplies, and equip22 ment; and communications; $1,240,109,000.

23 OPERATION AND MAINTENANCE, NAVY RESERVE

24 For expenses, not otherwise provided for, necessary

25 for the operation and maintenance, including training, or-
11

HR 4650 RFS

1 ganization, and administration, of the Navy Reserve; re2 pair of facilities and equipment; hire of passenger motor

3 vehicles; travel and transportation; care of the dead; re4 cruiting; procurement of services, supplies, and equip5 ment; and communications; $834,119,000: Provided, That

6 of the funds appropriated in this paragraph, $6,300,000

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

8 OPERATION AND MAINTENANCE, MARINE CORPS

9 RESERVE

10 For expenses, not otherwise provided for, necessary

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Marine Corps Re13 serve; repair of facilities and equipment; hire of passenger

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

15 recruiting; procurement of services, supplies, and equip16 ment; and communications; $83,542,000: Provided, That

17 of the funds appropriated in this paragraph, $2,080,000

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

19 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance, including training, or22 ganization, and administration, of the Air Force Reserve;

23 repair of facilities and equipment; hire of passenger motor

24 vehicles; travel and transportation; care of the dead; re25 cruiting; procurement of services, supplies, and equip-
12

HR 4650 RFS

1 ment; and communications; $1,486,805,000: Provided,

2 That of the funds appropriated in this paragraph

3 $5,473,000 shall not be obligated or expended until au4 thorized by law.

5 OPERATION AND MAINTENANCE, ARMY NATIONAL

6 GUARD

7 For expenses of training, organizing, and administer8 ing the Army National Guard, including medical and hos9 pital treatment and related expenses in non-Federal hos10 pitals; maintenance, operation, and repairs to structures

11 and facilities; hire of passenger motor vehicles; personnel

12 services in the National Guard Bureau; travel expenses

13 (other than mileage), as authorized by law for Army per14 sonnel on active duty, for Army National Guard division,

15 regimental, and battalion commanders while inspecting

16 units in compliance with National Guard Bureau regula17 tions when specifically authorized by the Chief, National

18 Guard Bureau; supplying and equipping the Army Na19 tional Guard as authorized by law; and expenses of repair,

20 modification, maintenance, and issue of supplies and

21 equipment (including aircraft); $2,498,868,000: Provided,

22 That of the funds appropriated in this paragraph,

23 $10,000,000 shall be made available only for a National

24 Guard Outreach Program in the Los Angeles School Dis25 trict: Provided further, That of the funds appropriated in
13

HR 4650 RFS

1 this paragraph, $50,253,000 shall not be obligated or ex2 pended 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: Provided, That of the

23 funds appropriated under this heading, $1,500,000 shall

24 be made available only for the operation of Air National

25 Guard C–130 operational support aircraft of the 159th
14

HR 4650 RFS

1 Air National Guard Fighter Group: Provided further, That

2 of the funds appropriated in this paragraph, $17,800,000

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

4 NATIONAL BOARD FOR THE PROMOTION OF RIFLE

5 PRACTICE, ARMY

6 For the necessary expenses and personnel services

7 (other than pay and non-travel-related allowances of mem8 bers of the Armed Forces of the United States, except for

9 members of the reserve components thereof called or or10 dered to active duty to provide support for the national

11 matches) in accordance with law, for operation and main12 tenance of rifle ranges; the instruction of citizens in

13 marksmanship; the promotion of rifle practice; the conduct

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

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

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

17 individuals attending regional, national, and international

18 competitions; and the payment to competitors at national

19 matches under section 4312 of title 10, United States

20 Code, of subsistence and travel allowances under section

21 4313 of title 10, United States Code; not to exceed

22 $2,544,000.

23 COURT OF MILITARY APPEALS, DEFENSE

24 For salaries and expenses necessary for the United

25 States Court of Military Appeals; $6,126,000, of which
15

HR 4650 RFS

1 not to exceed $2,500 can be used for official representa2 tion purposes.

3 ENVIRONMENTAL RESTORATION, DEFENSE

4 (INCLUDING TRANSFER OF FUNDS)

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

6 remain available until transferred: Provided, That the Sec7 retary of Defense shall, upon determining that such funds

8 are required for environmental restoration, reduction and

9 recycling of hazardous waste, removal of unsafe buildings

10 and debris of the Department of Defense, or for similar

11 purposes (including programs and operations at sites for12 merly used by the Department of Defense), transfer the

13 funds made available by this appropriation to other appro14 priations made available to the Department of Defense as

15 the Secretary may designate, to be merged with and to

16 be available for the same purposes and for the same time

17 period as the appropriations of funds to which transferred:

18 Provided further, That upon a determination that all or

19 part of the funds transferred from this appropriation are

20 not necessary for the purposes provided herein, such

21 amounts may be transferred back to this appropriation.

22 SUPPORT FOR INTERNATIONAL SPORTING

23 COMPETITIONS, DEFENSE

24 For the account ‘‘Support for International Sporting

25 Competitions, Defense’’; $7,900,000, to be merged with
16

HR 4650 RFS

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

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

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

4 may be used for the 1995 Special Olympics: Provided fur5 ther, That of the funds in that appropriation not more

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

7 Provided further, That funds appropriated in this para8 graph shall not be obligated or expended until authorized

9 by law.

10 HUMANITARIAN ASSISTANCE

11 For transportation for humanitarian relief for the

12 people of Afghanistan, the Kurdish population and other

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

14 Africa, acquisition and shipment of transportation assets

15 to assist in the distribution of such relief, and for trans16 portation and distribution of humanitarian relief supplies,

17 and excess non-lethal property; $60,000,000 of which

18 $12,000,000 shall be made available only for activities to

19 support the clearing of landmines for humanitarian pur20 poses.

21 TITLE III

22 PROCUREMENT

23 AIRCRAFT PROCUREMENT, ARMY

24 For construction, procurement, production, modifica25 tion, and modernization of aircraft, equipment, including
17

HR 4650 RFS

1 ordnance, ground handling equipment, spare parts, and

2 accessories therefor; specialized equipment and training

3 devices; expansion of public and private plants, including

4 the land necessary therefor, for the foregoing purposes,

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

6 construction prosecuted thereon prior to approval of title;

7 and procurement and installation of equipment, appli8 ances, and machine tools in public and private plants; re9 serve plant and Government and contractor-owned equip10 ment layaway; and other expenses necessary for the fore11 going purposes; $1,264,198,000, to remain available for

12 obligation until September 30, 1997.

13 MISSILE PROCUREMENT, ARMY

14 For construction, procurement, production, modifica15 tion, and modernization of missiles, equipment, including

16 ordnance, ground handling equipment, spare parts, and

17 accessories therefor; specialized equipment and training

18 devices; expansion of public and private plants, including

19 the land necessary therefor, for the foregoing purposes,

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

21 and construction prosecuted thereon prior to approval of

22 title; and procurement and installation of equipment, ap23 pliances, and machine tools in public and private plants;

24 reserve plant and Government and contractor-owned

25 equipment layaway; and other expenses necessary for the
18

HR 4650 RFS

1 foregoing purposes; $728,095,000, to remain available for

2 obligation until September 30, 1997: Provided, That of the

3 funds appropriated in this paragraph, $42,959,000 shall

4 not be obligated or expended until authorized by law.

5 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

6 VEHICLES, ARMY

7 For construction, procurement, production, and

8 modification of weapons and tracked combat vehicles,

9 equipment, including ordnance, spare parts, and acces10 sories therefor; specialized equipment and training devices;

11 expansion of public and private plants, including the land

12 necessary therefor, for the foregoing purposes, and such

13 lands and interests therein, may be acquired, and con14 struction prosecuted thereon prior to approval of title; and

15 procurement and installation of equipment, appliances,

16 and machine tools in public and private plants; reserve

17 plant and Government and contractor-owned equipment

18 layaway; and other expenses necessary for the foregoing

19 purposes; $1,001,873,000, to remain available for obliga20 tion until September 30, 1997: Provided, That of the

21 funds appropriated in this paragraph, $58,987,000 shall

22 not be obligated or expended until authorized by law.

23 PROCUREMENT OF AMMUNITION, ARMY

24 For construction, procurement, production, and

25 modification of ammunition, and accessories therefor; spe-
19

HR 4650 RFS

1 cialized equipment and training devices; expansion of pub2 lic and private plants, including ammunition facilities au3 thorized by section 2854, title 10, United States Code, and

4 the land necessary therefor, for the foregoing purposes,

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

6 and construction prosecuted thereon prior to approval of

7 title; and procurement and installation of equipment, ap8 pliances, and machine tools in public and private plants;

9 reserve plant and Government and contractor-owned

10 equipment layaway; and other expenses necessary for the

11 foregoing purposes; $1,274,644,000, to remain available

12 for obligation until September 30, 1997: Provided, That

13 of the amounts appropriated for the ARMS program in

14 ‘‘Procurement of Ammunition, Army, 1993/1995’’,

15 $43,000,000 may be available to fund subsidy costs of

16 loan guarantees authorized to be made under that pro17 gram: Provided further, That of the funds appropriated

18 in this paragraph, $419,761,000 shall not be obligated or

19 expended until authorized by law.

20 OTHER PROCUREMENT, ARMY

21 For construction, procurement, production, and

22 modification of vehicles, including tactical, support, and

23 nontracked combat vehicles; communications and elec24 tronic equipment; other support equipment; spare parts,

25 ordnance, and accessories therefor; specialized equipment
20

HR 4650 RFS

1 and training devices; expansion of public and private

2 plants, including the land necessary therefor, for the fore3 going purposes, and such lands and interests therein, may

4 be acquired, and construction prosecuted thereon prior to

5 approval of title; and procurement and installation of

6 equipment, appliances, and machine tools in public and

7 private plants; reserve plant and Government and contrac8 tor-owned equipment layaway; and other expenses nec9 essary for the foregoing purposes; $2,348,806,000, to re10 main available for obligation until September 30, 1997.

11 AIRCRAFT PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of aircraft, equipment, including

14 ordnance, spare parts, and accessories therefor; specialized

15 equipment; expansion of public and private plants, includ16 ing the land necessary therefor, and such lands and inter17 ests therein, may be acquired, and construction prosecuted

18 thereon prior to approval of title; and procurement and

19 installation of equipment, appliances, and machine tools

20 in public and private plants; reserve plant and Govern21 ment and contractor-owned equipment layaway;

22 $4,820,442,000, to remain available for obligation until

23 September 30, 1997: Provided, That of the funds appro24 priated in this paragraph, $232,435,000 shall not be obli25 gated or expended until authorized by law.
21

HR 4650 RFS

1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts,

5 and accessories therefor; expansion of public and private

6 plants, including the land necessary therefor, and such

7 lands and interests therein, may be acquired, and con8 struction prosecuted thereon prior to approval of title; and

9 procurement and installation of equipment, appliances,

10 and machine tools in public and private plants; reserve

11 plant and Government and contractor-owned equipment

12 layaway; $1,969,336,000, to remain available for obliga13 tion until September 30, 1997: Provided, That of the

14 funds appropriated in this paragraph, $70,458,000 shall

15 not be obligated or expended until authorized by law.

16 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

17 CORPS

18 For construction, procurement, production, and

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities au22 thorized by section 2854, title 10, United States Code, and

23 the land necessary therefor, for the foregoing purposes,

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

25 and construction prosecuted thereon prior to approval of
22

HR 4650 RFS

1 title; and procurement and installation of equipment, ap2 pliances, and machine tools in public and private plants;

3 reserve plant and Government and contractor-owned

4 equipment layaway; and other expenses necessary for the

5 foregoing purposes; as follows:

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

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

8 In all: $493,810,000, to remain available for obligation

9 until September 30, 1997: Provided, That of the funds

10 appropriated in this paragraph, $34,500,000 shall not be

11 obligated or expended until authorized by law.

12 SHIPBUILDING AND CONVERSION, NAVY

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses necessary for the construction, acquisi15 tion, or conversion of vessels as authorized by law, includ16 ing armor and armament thereof, plant equipment, appli17 ances, and machine tools and installation thereof in public

18 and private plants; reserve plant and Government and con19 tractor-owned equipment layaway; procurement of critical,

20 long leadtime components and designs for vessels to be

21 constructed or converted in the future; and expansion of

22 public and private plants, including land necessary there23 for, and such lands and interests therein, may be acquired,

24 and construction prosecuted thereon prior to approval of

25 title, as follows:
23

HR 4650 RFS

1 Carrier replacement program, $2,446,958,000;

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

3 LHD–1 amphibious assault ship program,

4 $50,000,000;

5 Nuclear submarine main steam condenser in6 dustrial base, $1,000,000;

7 Cost growth on prior years’ programs,

8 $8,200,000;

9 For craft, outfitting, post delivery, conversions,

10 and first destination transportation, $357,521,000;

11 In all: $5,471,369,000, and, in addition, $1,200,000,000

12 shall be derived by transfer from the National Defense

13 Sealift Fund for additional funding for the Carrier re14 placement program, all to remain available for obligation

15 until September 30, 1999: Provided, That additional obli16 gations may be incurred after September 30, 1999, for

17 engineering services, tests, evaluations, and other such

18 budgeted work that must be performed in the final stage

19 of ship construction: Provided further, That none of the

20 funds herein provided for the construction or conversion

21 of any naval vessel to be constructed in shipyards in the

22 United States shall be expended in foreign facilities for

23 the construction of major components of such vessel: Pro24 vided further, That none of the funds herein provided shall
24

HR 4650 RFS

1 be used for the construction of any naval vessel in foreign

2 shipyards.

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of

5 support equipment and materials not otherwise provided

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

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

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

9 162 shall be for replacement only; expansion of public and

10 private plants, including the land necessary therefor, and

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

12 construction prosecuted thereon prior to approval of title;

13 and procurement and installation of equipment, appli14 ances, and machine tools in public and private plants; re15 serve plant and Government and contractor-owned equip16 ment layaway; $3,271,088,000, to remain available for ob17 ligation until September 30, 1997: Provided, That of the

18 funds appropriated in this paragraph, $29,477,000 shall

19 not be obligated or expended until authorized by law.

20 PROCUREMENT, MARINE CORPS

21 For expenses necessary for the procurement, manu22 facture, and modification of missiles, armament, military

23 equipment, spare parts, and accessories therefor; plant

24 equipment, appliances, and machine tools, and installation

25 thereof in public and private plants; reserve plant and
25

HR 4650 RFS

1 Government and contractor-owned equipment layaway; ve2 hicles for the Marine Corps, including the purchase of not

3 to exceed 103 passenger motor vehicles for replacement

4 only; and expansion of public and private plants, including

5 land necessary therefor, and such lands and interests

6 therein, may be acquired and construction prosecuted

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

8 available for obligation until September 30, 1997: Pro9 vided, That of the funds appropriated in this paragraph,

10 $58,768,000 shall not be obligated or expended until au11 thorized by law.

12 AIRCRAFT PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of

14 aircraft and equipment, including armor and armament,

15 specialized ground handling equipment, and training de16 vices, spare parts, and accessories therefor; specialized

17 equipment; expansion of public and private plants, Gov18 ernment-owned equipment and installation thereof in such

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

20 the foregoing purposes, and such lands and interests

21 therein, may be acquired, and construction prosecuted

22 thereon prior to approval of title; reserve plant and Gov23 ernment and contractor-owned equipment layaway; and

24 other expenses necessary for the foregoing purposes in25 cluding rents and transportation of things;
26

HR 4650 RFS

1 $6,182,199,000, to remain available for obligation until

2 September 30, 1997: Provided, That not less than

3 $103,700,000 of the funds appropriated in this paragraph

4 shall be used only to initiate procurement of non-devel5 opmental airlift aircraft no later than September 30,

6 1995: Provided further, That the Department of the Air

7 Force shall qualify a second source producer for the C–

8 17 transport aircraft engine and competitively contract for

9 the procurement of the C–17 engine no later than Septem10 ber 30, 1997: Provided further, That of the funds appro11 priated in this paragraph, $80,432,000 shall not be obli12 gated or expended until authorized by law.

13 MISSILE PROCUREMENT, AIR FORCE

14 For construction, procurement, and modification of

15 missiles, spacecraft, rockets, and related equipment, in16 cluding spare parts and accessories therefor, ground han17 dling equipment, and training devices; expansion of public

18 and private plants, Government-owned equipment and in19 stallation thereof in such plants, erection of structures,

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

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

22 construction prosecuted thereon prior to approval of title;

23 reserve plant and Government and contractor-owned

24 equipment layaway; and other expenses necessary for the

25 foregoing purposes including rents and transportation of
27

HR 4650 RFS

1 things; $2,758,285,000, to remain available for obligation

2 until September 30, 1997.

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For construction, procurement, production, and

5 modification of ammunition, and accessories therefor; spe6 cialized equipment and training devices; expansion of pub7 lic and private plants, including ammunition facilities au8 thorized by section 2854, title 10, United States Code, and

9 the land necessary therefor, for the foregoing purposes,

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

11 and construction prosecuted thereon prior to approval of

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants;

14 reserve plant and Government and contractor-owned

15 equipment layaway; and other expenses necessary for the

16 foregoing purposes; $278,681,000, to remain available for

17 obligation until September 30, 1997: Provided, That of the

18 funds appropriated in this paragraph, $18,963,000 shall

19 not be obligated or expended until authorized by law.

20 OTHER PROCUREMENT, AIR FORCE

21 For procurement and modification of equipment (in22 cluding ground guidance and electronic control equipment,

23 and ground electronic and communication equipment),

24 and supplies, materials, and spare parts therefor, not oth25 erwise provided for; the purchase of not to exceed 678 pas-
28

HR 4650 RFS

1 senger motor vehicles for replacement only; and expansion

2 of public and private plants, Government-owned equip3 ment and installation thereof in such plants, erection of

4 structures, and acquisition of land, for the foregoing pur5 poses, and such lands and interests therein, may be ac6 quired, and construction prosecuted thereon, prior to ap7 proval of title; reserve plant and Government and contrac8 tor-owned equipment layaway; $6,886,613,000, to remain

9 available for obligation until September 30, 1997: Pro10 vided, That of the funds appropriated in this paragraph,

11 $31,190,000 shall not be obligated or expended until au12 thorized by law.

13 PROCUREMENT, DEFENSE-WIDE

14 For expenses of activities and agencies of the Depart15 ment of Defense (other than the military departments)

16 necessary for procurement, production, and modification

17 of equipment, supplies, materials, and spare parts there18 for, not otherwise provided for; the purchase of not to ex19 ceed 437 passenger motor vehicles, of which 431 shall be

20 for replacement only; expansion of public and private

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

22 erection of structures, and acquisition of land 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; reserve plant and Government and con-
29

HR 4650 RFS

1 tractor-owned equipment layaway; $3,020,616,000, to re2 main available for obligation until September 30, 1997:

3 Provided, That of the funds appropriated in this para4 graph, $953,922,000 shall not be obligated or expended

5 until authorized by law.

6 NATIONAL GUARD AND RESERVE EQUIPMENT

7 For procurement of aircraft, missiles, tracked combat

8 vehicles, ammunition, other weapons, and other procure9 ment for the reserve components of the Armed Forces;

10 $796,200,000, to remain available for obligation until Sep11 tember 30, 1997: Provided, That of the funds appro12 priated in this paragraph, $9,000,000 shall not be obli13 gated or expended until authorized by law.

14 TITLE IV

15 RESEARCH, DEVELOPMENT, TEST AND

16 EVALUATION

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

18 ARMY

19 For expenses necessary for basic and applied sci20 entific research, development, test and evaluation, includ21 ing maintenance, rehabilitation, lease, and operation of fa22 cilities and equipment, as authorized by law;

23 $5,456,498,000, to remain available for obligation until

24 September 30, 1996: Provided, That of the funds appro-
30

HR 4650 RFS

1 priated in this paragraph, $35,695,000 shall not be obli2 gated or expended until authorized by law.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

4 NAVY

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, as authorized by law;

9 $8,598,958,000, to remain available for obligation until

10 September 30, 1996: Provided, That for continued re11 search and development programs at the National Center

12 for Physical Acoustics, centering on ocean acoustics as it

13 applies to advanced antisubmarine warfare acoustics is14 sues with focus on ocean bottom acoustics, seismic cou15 pling, sea-surface and bottom scattering, oceanic ambient

16 noise, underwater sound propagation, bubble related ambi17 ent noise, acoustically active surfaces, machinery

18 noise, propagation physics, solid state acoustics,

19 electrorheological fluids, transducer development, ultra20 sonic sensors, and other such projects as may be agreed

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

22 the Mississippi Resource Development Corporation, of

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

24 to provide such special equipment as may be required for

25 particular projects: Provided further, That none of the
31

HR 4650 RFS

1 funds appropriated in this paragraph may be obligated or

2 expended to develop or purchase equipment for an Aegis

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

4 whose initial operating capability is budgeted to be

5 achieved prior to the initial operating capability of the

6 Ship Self-Defense program, nor to develop sensor, proc7 essor, or display capabilities which duplicate in any way

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

9 Provided further, That funds appropriated in this para10 graph for development of E–2C aircraft upgrades may not

11 be obligated until the Under Secretary of Defense for Ac12 quisition submits a plan to the Committees on Appropria13 tions and Armed Services of each House of Congress for

14 development and deployment of a fully participating coop15 erative engagement capability on E–2 aircraft to be fielded

16 concurrent with and no later than major computer up17 grades for the aircraft: Provided further, That funds ap18 propriated in this paragraph for development of the LPD–

19 17 ship may not be obligated unless the baseline design

20 of the ship includes cooperative engagement capability and

21 sufficient own-ship self-defense capability against ad22 vanced sea-skimming antiship cruise missiles in the base23 line design to achieve an estimated probability of survival

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

25 other Navy ship.
32

HR 4650 RFS

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, to remain available for obligation until

8 September 30, 1996: Provided, That not less than

9 $12,000,000 of the funds appropriated in this paragraph

10 shall be made available only for the Joint Seismic Pro11 gram and Global Seismic Network administrated by the

12 Incorporated Research Institutions for Seismology: Pro13 vided further, That not less than $20,000,000 of the funds

14 appropriated in this paragraph shall be made available

15 only for the National Center for Manufacturing Sciences

16 (NCMS).

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

18 DEFENSE-WIDE

19 For expenses of activities and agencies of the Depart20 ment of Defense (other than the military departments),

21 necessary for basic and applied scientific research, devel22 opment, test and evaluation; advanced research projects

23 as may be designated and determined by the Secretary

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

25 lease, and operation of facilities and equipment, as author-
33

HR 4650 RFS

1 ized by law; $9,419,955,000, to remain available for obli2 gation until September 30, 1996: Provided, That not less

3 than $120,000,000 of the funds appropriated in this para4 graph are available only for the Sea-Based Wide Area De5 fense program: Provided further, That of the funds appro6 priated in this paragraph, $361,743,000 shall not be obli7 gated or expended until authorized by law: Provided fur8 ther, That funds appropriated in this paragraph for devel9 opment of the TIER II Plus vehicle shall not be obligated

10 until not less than $50,000,000 has been obligated for the

11 TIER III Minus vehicle.

12 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

13 For expenses, not otherwise provided for, of inde14 pendent activities of the Director, Test and Evaluation in

15 the direction and supervision of developmental test and

16 evaluation, including performance and joint developmental

17 testing and evaluation; and administrative expenses in

18 connection therewith; $251,495,000, to remain available

19 for obligation until September 30, 1996.

20 OPERATIONAL TEST AND EVALUATION, DEFENSE

21 For expenses, not otherwise provided for, necessary

22 for the independent activities of the Director, Operational

23 Test and Evaluation in the direction and supervision of

24 operational test and evaluation, including initial oper25 ational test and evaluation which is conducted prior to,
34

HR 4650 RFS

1 and in support of, production decisions; joint operational

2 testing and evaluation; and administrative expenses in

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

4 obligation until September 30, 1996.

5 TITLE V

6 REVOLVING AND MANAGEMENT FUNDS

7 DEFENSE BUSINESS OPERATIONS FUND

8 For the Defense Business Operations Fund;

9 $1,090,438,000.

10 NATIONAL DEFENSE SEALIFT FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For National Defense Sealift Fund programs,

13 projects, and activities, $858,600,000, to remain available

14 until expended: Provided, That $25,000,000 shall be

15 transferred to the Secretary of Transportation for title XI

16 loan guarantees: Provided further, That none of the funds

17 provided in this paragraph shall be used to award a new

18 contract that provides for the acquisition of any of the

19 following major components unless such components are

20 manufactured in the United States: auxiliary equipment,

21 including pumps, for all shipboard services; propulsion

22 system components (that is; engines, reduction gears, and

23 propellers); shipboard cranes; and spreaders for shipboard

24 cranes: Provided further, That the exercise of an option

25 in a contract awarded through the obligation of previously
35

HR 4650 RFS

1 appropriated funds shall not be considered to be the award

2 of a new contract: Provided further, That the Secretary

3 of the military department responsible for such procure4 ment may waive this restriction on a case-by-case basis

5 by certifying in writing to the Committees on Appropria6 tions of the House of Representatives and the Senate, that

7 adequate domestic supplies are not available to meet De8 partment of Defense requirements on a timely basis and

9 that such an acquisition must be made in order to acquire

10 capability for national security purposes: Provided further,

11 That funds appropriated in this paragraph shall not be

12 obligated or expended until authorized by law.

13 TITLE VI

14 OTHER DEPARTMENT OF DEFENSE PROGRAMS

15 DEFENSE HEALTH PROGRAM

16 For expenses, not otherwise provided for, for medical

17 and health care programs of the Department of Defense,

18 as authorized by law; $9,895,159,000, of which

19 $9,577,770,000 shall be for Operation and maintenance,

20 of which $317,389,000, to remain available for obligation

21 until September 30, 1997, shall be for Procurement: Pro22 vided, That the Department shall continue to competi23 tively contract during fiscal year 1995 for mail service

24 pharmacy for at least two multi-state regions in addition

25 to the ongoing solicitations for Florida, South Carolina,
36

HR 4650 RFS

1 Georgia, Delaware, New Jersey, Pennsylvania, and Ha2 waii, as well as each base closure area not supported by

3 an at-risk managed care plan; that such services shall be

4 procured independent of any other Department managed

5 care contracts; that one multi-state region shall include

6 the State of Kentucky and that one multi-state region

7 shall include the State of New Mexico: Provided further,

8 That of the funds appropriated in this paragraph,

9 $8,500,000 shall not be obligated or expended until au10 thorized by law.

11 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

12 DEFENSE

13 For expenses, not otherwise provided for, necessary

14 for the destruction of the United States stockpile of lethal

15 chemical agents and munitions in accordance with the pro16 visions of section 1412 of the Department of Defense Au17 thorization Act, 1986 (50 U.S.C. 1521), and for the de18 struction of other chemical warfare materials that are not

19 in the chemical weapon stockpile, $562,949,000, of which

20 $345,784,000 shall be for Operation and maintenance,

21 $196,465,000 shall be for Procurement to remain avail22 able until September 30, 1997, and $20,700,000 shall be

23 for Research, development, test and evaluation to remain

24 available until September 30, 1996.
37

HR 4650 RFS

1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of

5 the Department of Defense, for transfer to appropriations

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for Op9 eration and maintenance; for Procurement; and for Re10 search, development, test and evaluation; $713,053,000:

11 Provided, That the funds appropriated by this paragraph

12 shall be available for obligation for the same time period

13 and for the same purpose as the appropriation to which

14 transferred: Provided further, That the transfer authority

15 provided in this paragraph is in addition to any transfer

16 authority contained elsewhere in this Act.

17 OFFICE OF THE INSPECTOR GENERAL

18 For expenses and activities of the Office of the In19 spector General in carrying out the provisions of the In20 spector General Act of 1978, as amended; $142,098,000,

21 of which $141,098,000 shall be for Operation and mainte22 nance, of which not to exceed $400,000 is available for

23 emergencies and extraordinary expenses to be expended on

24 the approval or authority of the Inspector General, and

25 payments may be made on his certificate of necessity for
38

HR 4650 RFS

1 confidential military purposes; and of which $1,000,000,

2 to remain available until September 30, 1997, shall be for

3 Procurement.

4 DEFENSE CONVERSION AND REINVESTMENT

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses for transition benefits for

7 military and civilian employees of the Department of De8 fense, and for assistance to communities and industries

9 affected by the military drawdown; for transfer to appro10 priations available to the Department of Defense for Oper11 ation and maintenance, and for Research, development,

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

13 funds appropriated by this paragraph shall be available

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

15 appropriation to which transferred: Provided further, That

16 the transfer authority provided in this paragraph is in ad17 dition to any transfer authority contained elsewhere in this

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

19 to cover the costs (as defined in section 502(5) of the Fed20 eral Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of

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

22 such section: Provided further, That of the funds appro23 priated in this paragraph, $30,744,000 shall not be obli24 gated or expended until authorized by law.
39

HR 4650 RFS

1 KOREAN ENHANCED READINESS ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to enhance the readiness of

4 United States Forces to perform the mission assigned to

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

6 That such funds may be transferred by the Secretary to

7 appropriations made available to the Department of De8 fense for Operation and maintenance, Procurement, and

9 Research, development, test and evaluation: Provided fur10 ther, That the funds appropriated by this paragraph shall

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

12 purpose as the appropriation to which transferred: Pro13 vided further, That the transfer authority provided in this

14 paragraph is in addition to any transfer authority con15 tained elsewhere in this Act: Provided further, That of the

16 funds appropriated by this paragraph, not less than

17 $55,000,000 shall be transferred to ‘‘Other procurement,

18 Army’’, and not less than $15,000,000 shall be trans19 ferred to ‘‘Research, development, test and evaluation, De20 fense-Wide’’: Provided further, That no funds made avail21 able under this paragraph shall be obligated until 15 days

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

23 and Senate Committees on Appropriations explaining and

24 justifying the proposed uses of such funds: Provided fur-
40

HR 4650 RFS

1 ther, That funds appropriated in this paragraph shall not

2 be obligated or expended until authorized by law.

3 TITLE VII

4 NATIONAL FOREIGN INTELLIGENCE PROGRAM

5 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

6 DISABILITY SYSTEM FUND

7 For payment to the Central Intelligence Agency Re8 tirement and Disability System Fund, to maintain proper

9 funding level for continuing the operation of the Central

10 Intelligence Agency Retirement and Disability System;

11 $198,000,000.

12 COMMUNITY MANAGEMENT ACCOUNT

13 For necessary expenses of the Community Manage14 ment Account; $83,084,000: Provided, That of the funds

15 appropriated in this paragraph, no more than $2,000,000

16 may be available for the purchase of information system

17 upgrades at the Department of State Bureau of Intel18 ligence and Research.

19 TITLE VIII

20 GENERAL PROVISIONS

21 SEC. 8001. No part of any appropriation contained

22 in this Act shall be used for publicity or propaganda pur23 poses not authorized by the Congress.

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

25 of law prohibiting the payment of compensation to, or em-
41

HR 4650 RFS

1 ployment of, any person not a citizen of the United States

2 shall not apply to personnel of the Department of Defense:

3 Provided, That salary increases granted to direct and indi4 rect hire foreign national employees of the Department of

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

6 of the percentage increase authorized by law for civilian

7 employees of the Department of Defense whose pay is

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

9 United States Code, or at a rate in excess of the percent10 age increase provided by the appropriate host nation to

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

12 That this section shall not apply to Department of De13 fense foreign service national employees serving at United

14 States diplomatic missions whose pay is set by the Depart15 ment of State under the Foreign Service Act of 1980: Pro16 vided further, That the limitations of this provision shall

17 not apply to foreign national employees of the Department

18 of Defense in the Republic of Turkey.

19 SEC. 8003. No part of any appropriation contained

20 in this Act shall remain available for obligation beyond

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

22 SEC. 8004. No more than 20 per centum of the ap23 propriations in this Act which are limited for obligation

24 during the current fiscal year shall be obligated during

25 the last two months of the fiscal year: Provided, That this
42

HR 4650 RFS

1 section shall not apply to obligations for support of active

2 duty training of reserve components or summer camp

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

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

5 (TRANSFER OF FUNDS)

6 SEC. 8005. Upon determination by the Secretary of

7 Defense that such action is necessary in the national inter8 est, he may, with the approval of the Office of Manage9 ment and Budget, transfer not to exceed $2,000,000,000

10 of working capital funds of the Department of Defense

11 or funds made available in this Act to the Department

12 of Defense for military functions (except military con13 struction) between such appropriations or funds or any

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

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

16 the appropriation or fund to which transferred: Provided,

17 That such authority to transfer may not be used unless

18 for higher priority items, based on unforeseen military re19 quirements, than those for which originally appropriated

20 and in no case where the item for which funds are re21 quested has been denied by Congress: Provided further,

22 That the Secretary of Defense shall notify the Congress

23 promptly of all transfers made pursuant to this authority

24 or any other authority in this Act.
43

HR 4650 RFS

1 (TRANSFER OF FUNDS)

2 SEC. 8006. During the current fiscal year, cash bal3 ances in working capital funds of the Department of De4 fense established pursuant to section 2208 of title 10,

5 United States Code, may be maintained in only such

6 amounts as are necessary at any time for cash disburse7 ments to be made from such funds: Provided, That trans8 fers may be made between such funds and the ‘‘Foreign

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

10 Maintenance’’ appropriation accounts in such amounts as

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

12 approval of the Office of Management and Budget, except

13 that such transfers may not be made unless the Secretary

14 of Defense has notified the Congress of the proposed

15 transfer. Except in amounts equal to the amounts appro16 priated to working capital funds in this Act, no obligations

17 may be made against a working capital fund to procure

18 or increase the value of war reserve material inventory,

19 unless the Secretary of Defense has notified the Congress

20 prior to any such obligation.

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

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

23 determination under section 2690 of title 10, United

24 States Code, may implement cost-effective agreements for

25 required heating facility modernization in the
44

HR 4650 RFS

1 Kaiserslautern Military Community in the Federal Repub2 lic of Germany: Provided, That in the City of

3 Kaiserslautern such agreements will include the use of

4 United States anthracite as the base load energy for mu5 nicipal district heat to the United States Defense installa6 tions: Provided further, That at Landstuhl Army Regional

7 Medical Center and Ramstein Air Base, furnished heat

8 may be obtained from private, regional or municipal serv9 ices, if provisions are included for the consideration of

10 United States coal as an energy source.

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

12 be used to initiate a special access program without prior

13 notification 30 calendar days in session in advance to the

14 Committees on Appropriations and Armed Services of the

15 Senate and House of Representatives.

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

17 available for the Civilian Health and Medical Program of

18 the Uniformed Services shall be available for payments to

19 physicians and other authorized individual health care pro20 viders in excess of the amounts allowed in fiscal year 1994

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

22 the Secretary of Defense determines an increase is justi23 fied by economic circumstances, the allowable amounts

24 may be increased in accordance with appropriate economic

25 index data similar to that used pursuant to title XVIII
45

HR 4650 RFS

1 of the Social Security Act; and (b) for services the Sec2 retary determines are overpriced based on allowable pay3 ments under title XVIII of the Social Security Act, the

4 allowable amounts shall be reduced by not more than 15

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

6 Secretary determines that it would impair adequate access

7 to health care services for beneficiaries). The Secretary

8 shall solicit public comment prior to promulgating regula9 tions to implement this section. Such regulations shall in10 clude a limitation, similar to that used under title XVIII

11 of the Social Security Act, on the extent to which a pro12 vider may bill a beneficiary an actual charge in excess of

13 the allowable amount.

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

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

16 employs economic order quantity procurement in excess of

17 $20,000,000 in any one year of the contract or that in18 cludes an unfunded contingent liability in excess of

19 $20,000,000, or (2) a contract for advance procurement

20 leading to a multiyear contract that employs economic

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

22 any one year, unless the Committees on Appropriations

23 and Armed Services of the Senate and House of Rep24 resentatives have been notified at least thirty days in ad25 vance of the proposed contract award: Provided, That no
46

HR 4650 RFS

1 part of any appropriation contained in this Act shall be

2 available to initiate a multiyear contract for which the eco3 nomic order quantity advance procurement is not funded

4 at least to the limits of the Government’s liability: Pro5 vided further, That no part of any appropriation contained

6 in this Act shall be available to initiate multiyear procure7 ment contracts for any systems or component thereof if

8 the value of the multiyear contract would exceed

9 $500,000,000 unless specifically provided in this Act: Pro10 vided further, That no multiyear procurement contract can

11 be terminated without 10-day prior notification to the

12 Committees on Appropriations and Armed Services of the

13 House of Representatives and the Senate: Provided fur14 ther, That the execution of multiyear authority shall re15 quire the use of a present value analysis to determine low16 est cost compared to an annual procurement.

17 SEC. 8011. Within the funds appropriated for the op18 eration and maintenance of the Armed Forces, funds are

19 hereby appropriated pursuant to section 401 of title 10,

20 United States Code, for humanitarian and civic assistance

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

22 Such funds may also be obligated for humanitarian and

23 civic assistance costs incidental to authorized operations

24 and pursuant to authority granted in section 401 of chap25 ter 20 of title 10, United States Code, and these obliga-
47

HR 4650 RFS

1 tions shall be reported to Congress on September 30 of

2 each year: Provided, That funds available for operation

3 and maintenance shall be available for providing humani4 tarian and similar assistance by using Civic Action Teams

5 in the Trust Territories of the Pacific Islands and freely

6 associated states of Micronesia, pursuant to the Compact

7 of Free Association as authorized by Public Law 99–

8 239: Provided further, That upon a determination by the

9 Secretary of the Army that such action is beneficial for

10 graduate medical education programs conducted at Army

11 medical facilities located in Hawaii, the Secretary of the

12 Army may authorize the provision of medical services at

13 such facilities and transportation to such facilities, on a

14 nonreimbursable basis, for civilian patients from American

15 Samoa, the Commonwealth of the Northern Mariana Is16 lands, the Marshall Islands, the Federated States of Mi17 cronesia, Palau, and Guam.

18 SEC. 8012. Notwithstanding any other provision of

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

20 and local governments for the purposes of disposition of

21 real property recommended for closure in the report of the

22 Defense Secretary’s Commission on Base Realignments

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

24 from the Defense Base Closure and Realignment Commis25 sion, July 1991, and Public Law 100–526.
48

HR 4650 RFS

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

2 of title 10, United States Code, shall not apply with re3 spect to fiscal year 1995 or with respect to the appropria4 tion of funds for that year.

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

6 the Department of Defense may not be managed on the

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

8 personnel during that fiscal year shall not be subject to

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

10 on the number of such personnel who may be employed

11 on the last day of such fiscal year.

12 (c) The fiscal year 1996 budget request for the De13 partment of Defense as well as all justification material

14 and other documentation supporting the fiscal year 1996

15 Department of Defense budget request shall be prepared

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

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

18 year 1996.

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

20 Act shall be used in any way, directly or indirectly, to in21 fluence congressional action on any legislation or appro22 priation matters pending before the Congress.

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

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

25 is initially employed after the date of enactment of this
49

HR 4650 RFS

1 Act as a technician in the administration and training of

2 the Army Reserve and the maintenance and repair of sup3 plies issued to the Army Reserve unless such individual

4 is also a military member of the Army Reserve troop pro5 gram unit that he or she is employed to support. Those

6 technicians employed by the Army Reserve in areas other

7 than Army Reserve troop program units need only be

8 members of the Selected Reserve.

9 SEC. 8016. Notwithstanding any other provision of

10 law, the Secretaries of the Army and Air Force may au11 thorize the retention in an active status until age sixty

12 of any person who would otherwise be removed from an

13 active status and who is employed as a National Guard

14 or Reserve technician in a position in which active status

15 in a reserve component of the Army or Air Force is re16 quired as a condition of that employment.

17 SEC. 8017. Notwithstanding any other provision of

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

19 from the investment of the Fisher House Investment

20 Trust Fund will be used to support the operation and

21 maintenance of Fisher Houses associated with Army medi22 cal treatment facilities.

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

24 this Act shall be used to make contributions to the Depart25 ment of Defense Education Benefits Fund pursuant to
50

HR 4650 RFS

1 section 2006(g) of title 10, United States Code, represent2 ing the normal cost for future benefits under section

3 1415(c) of title 38, United States Code, for any member

4 of the armed services who, on or after the date of enact5 ment of this Act—

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

7 active duty of less than three years; or

8 (2) receives an enlistment bonus under section

9 308a or 308f of title 37, United States Code,

10 nor shall any amounts representing the normal cost of

11 such future benefits be transferred from the Fund by the

12 Secretary of the Treasury to the Secretary of Veterans

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

14 States Code; nor shall the Secretary of Veterans Affairs

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

16 in the case of a member covered by clause (1), these limi17 tations shall not apply to members in combat arms skills

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

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

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

21 the cost-effective use of special recruiting incentives in22 volving not more than nineteen noncombat arms skills ap23 proved in advance by the Secretary of Defense: Provided

24 further, That this subsection applies only to active compo25 nents of the Army.
51

HR 4650 RFS

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

2 be available for the basic pay and allowances of any mem3 ber of the Army participating as a full-time student and

4 receiving benefits paid by the Secretary of Veterans Af5 fairs from the Department of Defense Education Benefits

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

7 toward completion of a service commitment: Provided,

8 That this subsection shall not apply to those members who

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

10 Provided further, That this subsection applies only to ac11 tive components of the Army.

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

13 available for the payment of not more than 75 percent

14 of the charges of a postsecondary educational institution

15 for the tuition or expenses of an officer in the Ready Re16 serve of the Army National Guard or Army Reserve for

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

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

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

20 least four years after completion of such training or edu21 cation.

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

23 Act shall be available to convert to contractor performance

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

25 on or after the date of enactment of this Act, is performed
52

HR 4650 RFS

1 by more than ten Department of Defense civilian employ2 ees until a most efficient and cost-effective organization

3 analysis is completed on such activity or function and cer4 tification of the analysis is made to the Committees on

5 Appropriations of the House of Representatives and the

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

7 commercial or industrial type function of the Department

8 of Defense that: (1) is included on the procurement list

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

10 1938 (41 U.S.C. 47), popularly referred to as the Javits11 Wagner-O’Day Act; (2) is planned to be converted to per12 formance by a qualified nonprofit agency for the blind or

13 by a qualified nonprofit agency for other severely handi14 capped individuals in accordance with that Act; or (3) is

15 planned to be converted to performance by a qualified firm

16 under 51 percent Native American ownership.

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

18 Act may be obligated for the acquisition of major auto19 mated information systems which have not successfully

20 completed oversight reviews required by Department of

21 Defense regulations: Provided, That the automated infor22 mation systems oversight review board will be independent

23 of any other Department review function and chaired by

24 the Assistant Secretary of Defense for Command, Control,

25 Communications and Intelligence: Provided further, That
53

HR 4650 RFS

1 except for those programs to modernize and develop mi2 gration and standard automated information systems that

3 have been certified by the Department’s senior informa4 tion resource management (IRM) official as being fully

5 compliant with the Department’s information manage6 ment initiative as defined in Defense Department Direc7 tive 8000.1, no funds may be expended for modernization

8 or development of any automated information system

9 (AIS) by the military departments, services, defense agen10 cies, Joint Staff or Military Commands in excess of

11 $2,000,000 unless the senior official of the Office of the

12 Secretary of Defense with primary responsibility for the

13 functions being supported or to be supported certifies to

14 the Assistant Secretary of Defense for Command, Control,

15 Communications and Intelligence that the functional

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

17 or development has no unnecessary duplication of other

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

19 Department of Defense procurements shall separately

20 identify software costs in the work breakdown structure

21 defined by MIL–STD–881 in those instances where soft22 ware is considered to be a major category of cost.

23 SEC. 8022. Notwithstanding any other provision of

24 law, the Secretary of the Navy may use funds appro25 priated to charter ships to be used as auxiliary mine-
54

HR 4650 RFS

1 sweepers providing that the owner agrees that these ships

2 may be activated as Navy Reserve ships with Navy Re3 serve crews used in training exercises conducted in accord4 ance with law and policies governing Naval Reserve forces.

5 SEC. 8023. Funds appropriated or made available in

6 this Act shall be obligated and expended to continue to

7 fully utilize the facilities at the United States Army Engi8 neer’s Waterways Experiment Station, including the con9 tinued availability of the supercomputer capability: Pro10 vided, That none of the funds in this Act may be used

11 to purchase any supercomputer which is not manufactured

12 in the United States, unless the Secretary of Defense cer13 tifies to the Armed Services and Appropriations Commit14 tees of Congress that such an acquisition must be made

15 in order to acquire capability for national security pur16 poses that is not available from United States manufactur17 ers.

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

19 and Emergency Deficit Control Act of 1985 (Public Law

20 99–177) as amended by the Balanced Budget and Emer21 gency Deficit Control Reaffirmation Act of 1987 (Public

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

23 1990 (Public Law 101–508), the term program, project,

24 and activity for appropriations contained in this Act shall

25 be defined as the most specific level of budget items identi-
55

HR 4650 RFS

1 fied in the Department of Defense Appropriations Act,

2 1995, the accompanying House and Senate Committee re3 ports, the conference report and accompanying joint ex4 planatory statement of the managers of the Committee of

5 Conference, the related classified annexes and reports, and

6 the P–1 and R–1 budget justification documents as subse7 quently modified by Congressional action: Provided, That

8 the following exception to the above definition shall apply:

9 For the Military Personnel and the Operation and

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

11 activity’’ is defined as the appropriations accounts con12 tained in the Department of Defense Appropriations Act:

13 Provided further, That at the time the President submits

14 his budget for fiscal year 1996, the Department of De15 fense shall transmit to the Committees on Appropriations

16 and the Committees on Armed Services of the Senate and

17 the House of Representatives a budget justification docu18 ment to be known as the ‘‘O–1’’ which shall identify, at

19 the budget activity, activity group, and subactivity group

20 level, the amounts requested by the President to be appro21 priated to the Department of Defense for operation and

22 maintenance in any budget request, or amended budget

23 request, for fiscal year 1996.

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

25 $223,736,000 shall be available only for the Reserve Com-
56

HR 4650 RFS

1 ponent Automation System (RCAS): Provided, That none

2 of these funds can be expended—

3 (1) except as approved by the Chief of the Na4 tional Guard Bureau;

5 (2) unless RCAS resource management func6 tions are performed by the National Guard Bureau;

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

8 manager who has not been selected and approved by

9 the Chief of the National Guard Bureau and char10 tered by the Chief of the National Guard Bureau

11 and the Secretary of the Army;

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

13 makes the PM accountable to the Chief of the Na14 tional Guard Bureau and fully defines his authority,

15 responsibility, reporting channels and organizational

16 structure;

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

18 the RCAS program management office unless such

19 organization is comprised of personnel chosen jointly

20 by the Chiefs of the National Guard Bureau and the

21 Army Reserve;

22 (6) to pay contracted costs for the acquisition

23 of RCAS unless RCAS is an integrated system con24 sisting of software, hardware, and communications

25 equipment and unless such contract continues to
57

HR 4650 RFS

1 preclude the use of Government furnished equip2 ment, operating systems, and executive applications

3 software; and

4 (7) unless RCAS performs its own classified in5 formation processing:

6 Provided further, That notwithstanding any other provi7 sion of law, none of the funds appropriated shall be avail8 able for procurement of computers for the Army Reserve

9 Component which are used to network or expand the capa10 bilities of existing or future information systems or dupli11 cate functions to be provided under the RCAS contract

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

13 at sites scheduled to receive RCAS equipment prior to

14 September 30, 1995, RCAS ADP equipment may be pro15 cured and only in the numbers and types allocated by the

16 RCAS program to each site; and at sites scheduled to re17 ceive RCAS equipment after September 30, 1995, RCAS

18 ADP equipment or ADP equipment from a list of RCAS

19 compatible equipment approved by the Chief of the Na20 tional Guard Bureau or his designee, may be procured and

21 only in the numbers and types allocated by the RCAS pro22 gram to each site; (B) the requesting organizational ele23 ment has insufficient ADP equipment to perform adminis24 trative functions but not to exceed the number of work

25 stations determined by the RCAS program for that site;
58

HR 4650 RFS

1 (C) replacement equipment will not exceed the minimum

2 required to maintain the reliability of existing capabilities;

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

4 feasibility of repairs and maintenance of present ADP

5 equipment as compared to the cost of replacement; and

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

7 by the Chief of the National Guard Bureau or his des8 ignee, provided that the procurement is a one for one re9 placement action of existing equipment.

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

11 available for the purchase by the Department of Defense

12 (and its departments and agencies) of welded shipboard

13 anchor and mooring chain 4 inches in diameter and under

14 unless the anchor and mooring chain are manufactured

15 in the United States from components which are substan16 tially manufactured in the United States: Provided, That

17 for the purpose of this section manufactured will include

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

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

20 Provided further, That for the purpose of this section sub21 stantially all of the components of anchor and mooring

22 chain shall be considered to be produced or manufactured

23 in the United States if the aggregate cost of the compo24 nents produced or manufactured in the United States ex25 ceeds the aggregate cost of the components produced or
59

HR 4650 RFS

1 manufactured outside the United States: Provided further,

2 That when adequate domestic supplies are not available

3 to meet Department of Defense requirements on a timely

4 basis, the Secretary of the service responsible for the pro5 curement may waive this restriction on a case-by-case

6 basis by certifying in writing to the Committees on Appro7 priations that such an acquisition must be made in order

8 to acquire capability for national security purposes.

9 (TRANSFER OF FUNDS)

10 SEC. 8027. Notwithstanding any other provision of

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

12 unobligated balances and funds appropriated in this Act

13 to the operation and maintenance appropriations for the

14 purpose of providing military technician and Department

15 of Defense medical personnel pay and medical programs

16 (including CHAMPUS) the same exemption from seques17 tration set forth in the Balanced Budget and Emergency

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

19 amended by the Balanced Budget and Emergency Deficit

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

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

22 101–508) as that granted the other military personnel ac23 counts: Provided, That any transfer made pursuant to any

24 use of the authority provided by this provision shall be

25 limited so that the amounts reprogrammed to the oper26 ation and maintenance appropriations do not exceed the
60

HR 4650 RFS

1 amounts sequestered under the Balanced Budget and

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

3 177) as amended by the Balanced Budget and Emergency

4 Deficit Control Reaffirmation Act of 1987 (Public Law

5 100–119) and by the Budget Enforcement Act of 1990

6 (Public Law 101–508): Provided further, That the author7 ity to make transfers pursuant to this section is in addi8 tion to the authority to make transfers under other provi9 sions of this Act: Provided further, That the Secretary of

10 Defense may proceed with such transfer after notifying

11 the Appropriations Committees of the House of Rep12 resentatives and the Senate twenty calendar days in ses13 sion before any such transfer of funds under this provi14 sion.

15 SEC. 8028. None of the funds available to the De16 partment of the Navy may be used to enter into any con17 tract for the overhaul, repair, or maintenance of any naval

18 vessel homeported on the West Coast of the United States

19 which includes charges for interport differential as an

20 evaluation factor for award.

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

22 Act available for the Civilian Health and Medical Program

23 of the Uniformed Services (CHAMPUS) shall be available

24 for the reimbursement of any health care provider for in25 patient mental health service for care received when a pa-
61

HR 4650 RFS

1 tient is referred to a provider of inpatient mental health

2 care or residential treatment care by a medical or health

3 care professional having an economic interest in the facil4 ity to which the patient is referred: Provided, That this

5 limitation does not apply in the case of inpatient mental

6 health services provided under the program for the handi7 capped under subsection (d) of section 1079 of title 10,

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

9 provided pursuant to a waiver authorized by the Secretary

10 of Defense because of medical or psychological cir11 cumstances of the patient that are confirmed by a health

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

13 pursuant to rules prescribed by the Secretary, which takes

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

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

16 availability of that care.

17 SEC. 8030. Operational control of the Naval Reserve

18 Personnel Center, including its functions and responsibil19 ities, shall be under the command and control of the Com20 mander, Naval Reserve Command: Provided, That not21 withstanding any other provision of law, the one-time

22 costs, including the procurement or lease of new or

23 reutilized automatic data processing investment equip24 ment, peripheral equipment and related software, of the

25 1993 Report to the President of the Defense Base Closure
62

HR 4650 RFS

1 and Realignment Commission or current DOD Data Cen2 ter Consolidation shall not exceed $309,000,000.

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

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

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

6 the Vietnam era to an annual meeting in the United

7 States, under such regulations as the Secretary of Defense

8 may prescribe.

9 SEC. 8032. None of the funds available to the De10 partment of Defense shall be obligated or expended for

11 (or to implement) automatic data processing, data proc12 essing center, central design activity, DMRD 918, defense

13 information infrastructure, and military or civilian person14 nel function consolidation plans, consolidations, and dis15 establishment or realignment plans that impact, in terms

16 of reductions in force or transfers in military and civilian

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

18 Enlisted Personnel Management Center, and the collo19 cated Naval Computer and Telecommunications Station,

20 the Naval Reserve Force Information Systems Office, and

21 the Naval Reserve Personnel Center until sixty legislative

22 days after the Secretary of Defense submits to the House

23 and Senate Committees on Appropriations a report, in24 cluding complete review comments and a validation by the

25 Department of Defense Comptroller, justifying and vali-
63

HR 4650 RFS

1 dating that such plans and actions: (1) do not consolidate,

2 plan to consolidate, disestablish or realign Department of

3 Defense or Service data processing functions or centers,

4 central design activities, or military and civilian personnel

5 functions and activities, or claim savings from such func6 tion and activity consolidations and disestablishment, re7 alignment, or consolidation plans, that are in more than

8 one defense management report plan or decision or any

9 other Department of Defense or Service consolidation, dis10 establishment or realignment plan; (2) utilize criteria pri11 marily weighted to evaluate, measure and compare how

12 data processing centers and activities, central design ac13 tivities, and military and civilian personnel functions and

14 activities are ranked in terms of operational readiness,

15 customer satisfaction, and the most cost effective and least

16 expensive from a business performance, and regional oper17 ations cost standpoint; (3) will provide equal or better

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

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

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

21 will not adversely impact the mission and readiness of the

22 Navy and Naval Reserves: Provided, That funds made

23 available to the Department of Defense shall be available

24 to implement the 1993 Defense Base Closure and Realign25 ment Commission approved recommendations concerning
64

HR 4650 RFS

1 the Enlisted Personnel Management Center and the collo2 cated Naval Computer and Telecommunications Station.

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-
65

HR 4650 RFS

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.
66

HR 4650 RFS

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-
67

HR 4650 RFS

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.
68

HR 4650 RFS

1 SEC. 8042. During the current fiscal year, funds ap2 propriated or otherwise available for any Federal agency,

3 the Congress, the judicial branch, or the District of Co4 lumbia may be used for the pay, allowances, and benefits

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

6 an individual employed by the government of the District

7 of Columbia, permanent or temporary indefinite, who—

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

9 armed forces, as described in section 261 of title 10,

10 or the National Guard, as described in section 101

11 of title 32;

12 (2) performs, for the purpose of providing mili13 tary aid to enforce the law or providing assistance

14 to civil authorities in the protection or saving of life

15 or property or prevention of injury—

16 (A) Federal service under section 331,

17 332, 333, 3500, or 8500 of title 10, or other

18 provision of law, as applicable, or

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

20 the District of Columbia, the Commonwealth of

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

22 and

23 (3) requests and is granted—

24 (A) leave under the authority of this sec25 tion; or
69

HR 4650 RFS

1 (B) annual leave, which may be granted

2 without regard to the provisions of sections

3 5519 and 6323(b) of title 5, if such employee

4 is otherwise entitled to such annual leave:

5 Provided, That any employee who requests leave under

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

7 of this section is entitled to such leave, subject to the pro8 visions of this section and of the last sentence of section

9 6323(b) of title 5, and such leave shall be considered leave

10 under section 6323(b) of title 5.

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

12 Act shall be available to perform any cost study pursuant

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

14 performed exceeds a period of twenty-four months after

15 initiation of such study with respect to a single function

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

17 for a multi-function activity.

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

19 American Forces Information Service shall not be used for

20 any national or international political or psychological ac21 tivities.

22 SEC. 8045. Notwithstanding any other provision of

23 law or regulation, the Secretary of Defense may adjust

24 wage rates for civilian employees hired for certain health

25 care occupations as authorized for the Secretary of Veter-
70

HR 4650 RFS

1 ans Affairs by section 7455 of title 38, United States

2 Code.

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

4 not less than $24,565,000 shall be available for the Civil

5 Air Patrol, of which $13,105,000 shall be available for Op6 eration and Maintenance.

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

8 available in this Act shall be used to reduce or disestablish

9 the operation of the 53rd Weather Reconnaissance Squad10 ron of the Air Force Reserve, if such action would reduce

11 the WC–130 Weather Reconnaissance mission below the

12 levels funded in this Act.

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

14 supplies or services appropriated by this Act, qualified

15 nonprofit agencies for the blind or other severely handi16 capped shall be afforded the maximum practicable oppor17 tunity to participate as subcontractors and suppliers in the

18 performance of contracts let by the Department of De19 fense.

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

21 which has negotiated with a military service or defense

22 agency a subcontracting plan for the participation by

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

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

25 credit toward meeting that subcontracting goal for any
71

HR 4650 RFS

1 purchases made from qualified nonprofit agencies for the

2 blind or other severely handicapped.

3 (c) For the purpose of this section, the phrase ‘‘quali4 fied nonprofit agency for the blind or other severely handi5 capped’’ means a nonprofit agency for the blind or other

6 severely handicapped that has been approved by the Com7 mittee for the Purchase from the Blind and Other Severely

8 Handicapped under the Javits-Wagner-O’Day Act (41

9 U.S.C. 46–48).

10 SEC. 8049. During the current fiscal year, net re11 ceipts pursuant to collections from third party payers pur12 suant to section 1095 of title 10, United States Code, shall

13 be made available to the local facility of the uniformed

14 services responsible for the collections and shall be over

15 and above the facility’s direct budget amount.

16 SEC. 8050. Notwithstanding any other provision of

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

18 and T–AGS 65 must utilize remanufactured milspec

19 SASS multibeam sonars: Provided, That the Secretary of

20 the Navy may waive this restriction by certifying in writ21 ing to the Committees on Appropriations that an alter22 native acquisition must be made in order to acquire capa23 bility for national security purposes.

24 SEC. 8051. Section 8060 of the Department of De25 fense Appropriations Act, 1994 (Public Law 103–139) is
72

HR 4650 RFS

1 hereby repealed, which contained authority for acquisition

2 of LANDSAT 7.

3 SEC. 8052. Notwithstanding any other provision of

4 law, of the funds appropriated for the Defense Health

5 Program during this fiscal year and hereafter, the amount

6 payable for services provided under this section shall not

7 be less than the amount calculated under the coordination

8 of benefits reimbursement formula utilized when

9 CHAMPUS is a secondary payor to medical insurance

10 programs other than Medicare, and such appropriations

11 as necessary shall be available (notwithstanding the last

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

13 Code) to continue Civilian Health and Medical Program

14 of the Uniformed Services (CHAMPUS) benefits, until

15 age 65, under such section for a former member of a uni16 formed service who is entitled to retired or retainer pay

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

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

19 10, United States Code, who becomes eligible for hospital

20 insurance benefits under part A of title XVIII of the So21 cial Security Act (42 U.S.C. 1395 et seq.) solely on the

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

23 Provided, That expenses under this section shall only be

24 covered to the extent that such expenses are not covered

25 under parts A and B of title XVIII of the Social Security
73

HR 4650 RFS

1 Act and are otherwise covered under CHAMPUS: Pro2 vided further, That no reimbursement shall be made for

3 services provided prior to October 1, 1991.

4 SEC. 8053. During the current fiscal year, the De5 partment of Defense is authorized to incur obligations of

6 not to exceed $250,000,000 for purposes specified in sec7 tion 2350j(c) of title 10, United States Code in anticipa8 tion of receipt of contributions, only from the Government

9 of Kuwait, under that section: Provided, That, upon re10 ceipt, such contributions from the Government of Kuwait

11 shall be credited to the appropriation or fund which in12 curred such obligations.

13 SEC. 8054. (a) Funds appropriated in this Act to fi14 nance activities of Department of Defense (DOD) Feder15 ally Funded Research and Development Centers

16 (FFRDCs) may not be obligated or expended for an

17 FFRDC if a member of its Board of Directors or Trustees

18 simultaneously serves on the Board of Directors or Trust19 ees of a profit-making company under contract to the De20 partment of Defense unless the FFRDC has a DOD ap21 proved conflict of interest policy for its members.

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

23 available to establish a new FFRDC, either as a new en24 tity, or as a separate entity administered by an organiza25 tion managing another FFRDC, or as a nonprofit mem-
74

HR 4650 RFS

1 bership corporation consisting of a consortium of other

2 FFRDCs and other nonprofit entities.

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

4 amounts available to the Department of Defense during

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

6 obligated for financing activities of FFRDCs.

7 (d) The Secretary of Defense may not obligate more

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

9 Congressional defense committees receive the report on es10 tablishing pay caps for FFRDC employees that was di11 rected in the Committee’s report accompanying the fiscal

12 year 1994 Department of Defense Appropriations Act.

13 SEC. 8055. None of the funds appropriated or made

14 available in this Act shall be used to procure carbon, alloy

15 or armor steel plate for use in any Government-owned fa16 cility or property under the control of the Department of

17 Defense which were not melted and rolled in the United

18 States or Canada: Provided, That these procurement re19 strictions shall apply to any and all Federal Supply Class

20 9515, American Society of Testing and Materials (ASTM)

21 or American Iron and Steel Institute (AISI) specifications

22 of carbon, alloy or armor steel plate: Provided further,

23 That the Secretary of the military department responsible

24 for the procurement may waive this restriction on a case25 by-case basis by certifying in writing to the Committees
75

HR 4650 RFS

1 on Appropriations of the House of Representatives and the

2 Senate that adequate domestic supplies are not available

3 to meet Department of Defense requirements on a timely

4 basis and that such an acquisition must be made in order

5 to acquire capability for national security purposes: Pro6 vided further, That these restrictions shall not apply to

7 contracts which are in being as of the date of enactment

8 of this Act.

9 SEC. 8056. For the purposes of this Act, the term

10 ‘‘congressional defense committees’’ means the Commit11 tees on Armed Services, the Committees on Appropria12 tions, and the subcommittees on Defense of the Committee

13 on Appropriations, of the Senate and the House of Rep14 resentatives.

15 SEC. 8057. Notwithstanding any other provision of

16 law, during the current fiscal year, the Department of De17 fense may acquire the modification, depot maintenance

18 and repair of aircraft, vehicles and vessels as well as the

19 production of components and other Defense-related arti20 cles, through competition between Department of Defense

21 depot maintenance activities and private firms: Provided,

22 That the Senior Acquisition Executive of the military de23 partment or defense agency concerned, with power of dele24 gation, shall certify that successful bids include com25 parable estimates of all direct and indirect costs for both
76

HR 4650 RFS

1 public and private bids: Provided further, That Office of

2 Management and Budget Circular A–76 shall not apply

3 to competitions conducted under this section.

4 SEC. 8058. (a)(1) If the Secretary of Defense, after

5 consultation with the United States Trade Representative,

6 determines that a foreign country which is party to an

7 agreement described in paragraph (2) has violated the

8 terms of the agreement by discriminating against certain

9 types of products produced in the United States that are

10 covered by the agreement, the Secretary of Defense shall

11 rescind the Secretary’s blanket waiver of the Buy Amer12 ican Act with respect to such types of products produced

13 in that foreign country.

14 (2) An agreement referred to in paragraph (1) is any

15 reciprocal defense procurement memorandum of under16 standing, between the United States and a foreign country

17 pursuant to which the Secretary of Defense has prospec18 tively waived the Buy American Act for certain products

19 in that country.

20 (b) The Secretary of Defense shall submit to Con21 gress a report on the amount of Department of Defense

22 purchases from foreign entities in fiscal year 1995. Such

23 report shall separately indicate the dollar value of items

24 for which the Buy American Act was waived pursuant to

25 any agreement described in subsection (a)(2), the Trade
77

HR 4650 RFS

1 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

2 international agreement to which the United States is a

3 party.

4 (c) For purposes of this section, the term ‘‘Buy

5 American Act’’ means title III of the Act entitled ‘‘An Act

6 making appropriations for the Treasury and Post Office

7 Departments for the fiscal year ending June 30, 1934,

8 and for other purposes’’, approved March 3, 1933 (41

9 U.S.C. 10a et seq.).

10 SEC. 8059. (a) Of the funds made available in this

11 Act in title II, Operation and Maintenance, Army,

12 $2,000,000 shall be available only to execute the cleanup

13 of uncontrolled hazardous waste contamination affecting

14 the Sale Parcel at Hamilton Air Force Base, in Novato,

15 in the State of California.

16 (b) Notwithstanding any other provision of law, in the

17 event that the purchaser of the Sale Parcel exercises its

18 option to withdraw from all or a portion of the sale, as

19 provided in the Agreement and Modification, dated Sep20 tember 25, 1990, between the Department of Defense, the

21 General Services Administration, and the purchaser, as

22 amended, the purchaser’s deposit of $4,500,000 shall be

23 returned by the General Services Administration and

24 funds eligible for reimbursement under the Agreement and
78

HR 4650 RFS

1 Modification, as amended, shall come from the funds made

2 available to the Department of Defense by this Act.

3 (c) In the event that the purchaser purchases only

4 a portion of the Sale Parcel and exercises its option to

5 withdraw from the sale as to the rest of the Sale Parcel,

6 the portion of the Sale Parcel that is not purchased (other

7 than Landfill 26 and an appropriate buffer area around

8 it and the groundwater treatment facility site), together

9 with any of the land referred to in section 9099(e) of Pub10 lic Law 102–396 that is not purchased by the purchaser,

11 shall be sold to the City of Novato, in the State of Califor12 nia, for the sum of One Dollar as a public benefit transfer

13 for school, classroom or other educational use, for use as

14 a public park or recreation area or for further conveyance

15 as provided herein, subject to the following restrictions:

16 (1) if the City sells any portion of such land to any third

17 party within ten years after the transfer to the City, which

18 sale may be made without the foregoing use restrictions,

19 any proceeds received by the City in connection with such

20 sale, minus the demonstrated reasonable costs of conduct21 ing the sale and of any improvements made by the City

22 to the land following its acquisition of the land (but only

23 to the extent such improvements increase the value of the

24 portion sold), shall be immediately turned over to the

25 Army in reimbursement of the withdrawal payment made
79

HR 4650 RFS

1 by the Army to the contract purchaser and the costs of

2 cleaning up the Landfill and (2) until one year following

3 completion of the cleanup of contaminated soil in the

4 Landfill and completion of the groundwater treatment fa5 cilities, the sale must be at a per-acre price for the portion

6 sold that is at least equal to the per-acre contract price

7 paid by the purchaser for the portion of the Sale Parcel

8 purchased under the Agreement and Modification, as

9 amended, and thereafter must be at a price at least equal

10 to the fair market value of the portion sold. The foregoing

11 restrictions shall not apply to a transfer to another public

12 or quasi-public agency for public uses of the kind de13 scribed above. The deed to the City shall contain a clause

14 providing that, if any of the proceeds referred to in clause

15 (1) are not delivered to the Army within 30 days after

16 sale, or any portion of the land not sold as provided herein

17 is used for other than educational, park or recreational

18 uses, title to the applicable portion of such land shall re19 vert to the United States Government at the election of

20 the General Services Administration. The Army shall

21 agree to deliver into the applicable closing escrow an ac22 knowledgement of receipt of any proceeds described in

23 clause (1) above and a release of the reverter right as to

24 the affected land, effective upon such receipt.
80

HR 4650 RFS

1 (d) Notwithstanding any other provision of law, the

2 Air Force shall be reimbursed for expenditures in excess

3 of $15,000,000 in connection with the total clean-up of

4 uncontrolled hazardous waste contamination on the afore5 mentioned Sale Parcel from the proceeds collected upon

6 the closing of any portion of the Sale Parcel purchased

7 by the contract purchaser under the Agreement and Modi8 fication, as amended.

9 (e) Notwithstanding any other provision of law, the

10 purchaser’s reimbursement claims shall be audited by the

11 Defense Contract Audit Agency for reasonableness and ac12 curacy before the Department of Defense provides any

13 funds under the purchaser’s withdrawal and reimburse14 ment rights.

15 SEC. 8060. Notwithstanding any other provision of

16 law, the Secretary of Defense may, when he considers it

17 in the best interest of the United States, cancel any part

18 of an indebtedness, up to $2,500, that is or was owed to

19 the United States by a member or former member of a

20 uniformed service if such indebtedness, as determined by

21 the Secretary, was incurred in connection with Operation

22 Desert Shield/Storm: Provided, That the amount of an in23 debtedness previously paid by a member or former mem24 ber and cancelled under this section shall be refunded to

25 the member.
81

HR 4650 RFS

1 SEC. 8061. Appropriations contained in this Act that

2 remain available at the end of the current fiscal year as

3 a result of energy cost savings realized by the Department

4 of Defense shall remain available for obligation for the

5 next fiscal year to the extent, and for the purposes, pro6 vided in section 2865 of title 10, United States Code.

7 SEC. 8062. During the current fiscal year and there8 after, voluntary separation incentives payable under 10

9 U.S.C. 1175 may be paid in such amounts as are nec10 essary from the assets of the Voluntary Separation Incen11 tive Fund established by section 1175(h)(1).

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8063. Amounts deposited during fiscal years

14 1994 and 1995 to the special account established under

15 40 U.S.C. 485(h)(2) and to the special account established

16 under 10 U.S.C. 2667(d)(1) are appropriated and shall

17 be available until transferred by the Secretary of Defense

18 to current applicable appropriations or funds of the De19 partment of Defense under the terms and conditions speci20 fied by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

21 2667(d)(1)(B), to be merged with and to be available for

22 the same time period and the same purposes as the appro23 priation to which transferred.

24 SEC. 8064. In order to maintain an electric furnace

25 capacity in the United States, preference for the purchase

26 of chromite ore and manganese ore authorized for disposal
82

HR 4650 RFS

1 from the National Defense Stockpile shall be given to do2 mestic producers of high carbon ferrochromium and high

3 carbon ferromanganese—

4 (A) whose primary output during the three pre5 ceding years has been ferrochromium or

6 ferromanganese; and

7 (B) who guarantee to use the chromite and

8 manganese ore for domestic purposes.

9 SEC. 8065. None of the funds in this or any other

10 Act shall be available for the preparation of studies on—

11 (a) the feasibility of removal and transportation

12 of unitary chemical weapons from the eight chemical

13 storage sites within the continental United States:

14 Provided, That this prohibition shall not apply to

15 non-stockpile material in the United States or to

16 studies needed for environmental analysis required

17 by the National Environmental Policy Act, or for

18 General Accounting Office studies requested by a

19 Member of Congress or a Congressional Committee;

20 and

21 (b) the potential future uses of the nine chemi22 cal disposal facilities other than for the destruction

23 of stockpile chemical munitions and as limited by

24 section 1412(c)(2), Public Law 99–145: Provided,
83

HR 4650 RFS

1 That this prohibition does not apply to future use

2 studies for the CAMDS facility at Tooele, Utah.

3 SEC. 8066. During the current fiscal year, appropria4 tions available to the Department of Defense may be used

5 to reimburse a member of a reserve component of the

6 Armed Forces who is not otherwise entitled to travel and

7 transportation allowances and who occupies transient gov8 ernment housing while performing active duty for training

9 or inactive duty training: Provided, That such members

10 may be provided lodging in kind if transient government

11 quarters are unavailable as if the member was entitled to

12 such allowances under subsection (a) of section 404 of title

13 37, United States Code: Provided further, That if lodging

14 in kind is provided, any authorized service charge or cost

15 of such lodging may be paid directly from funds appro16 priated for operation and maintenance of the reserve com17 ponent of the member concerned.

18 SEC. 8067. For fiscal year 1995, the total amount

19 appropriated to fund the Uniformed Services Treatment

20 Facilities program, operated pursuant to section 911 of

21 Public Law 97–99 (42 U.S.C. 248c), is limited to

22 $329,000,000, of which not more than $300,000,000 may

23 be provided by the funds appropriated by this Act.

24 SEC. 8068. None of the funds available in this Act

25 may be used to support in any manner, including travel
84

HR 4650 RFS

1 or other related expenses, the ‘‘Tailhook Association’’:

2 Provided, That investigations by the Secretary of the Navy

3 or consultation with the Tailhook Association are not pro4 hibited by this provision.

5 SEC. 8069. The President shall include with each

6 budget for a fiscal year submitted to the Congress under

7 section 1105 of title 31, United States Code, materials

8 that shall identify clearly and separately the amounts re9 quested in the budget for appropriation for that fiscal year

10 for salaries and expenses related to administrative activi11 ties of the Department of Defense, the military depart12 ments, and the Defense Agencies.

13 SEC. 8070. None of the funds available to the De14 partment of Defense may be obligated or expended for

15 construction of Ground Wave Emergency Network

16 (GWEN) sites in Fiscal Year 1995.

17 SEC. 8071. Notwithstanding any other provision of

18 law, the Naval shipyards of the United States shall be eli19 gible to participate in any manufacturing extension pro20 gram financed by funds appropriated in this or any other

21 Act.

22 SEC. 8072. During the current fiscal year, amounts

23 contained in the Department of Defense Overseas Military

24 Facility Investment Recovery Account established by sec25 tion 2921(c)(1) of the National Defense Authorization Act
85

HR 4650 RFS

1 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall

2 be available until expended for the payments specified by

3 section 2921(c)(2) of that Act.

4 SEC. 8073. During the current fiscal year and there5 after, annual payments granted under the provisions of

6 section 4416 of the National Defense Authorization Act

7 for Fiscal Year 1993 (Public Law 102–428; 106 Stat.

8 2714) shall be made from appropriations in this Act which

9 are available for the pay of reserve component personnel.

10 SEC. 8074. None of the funds appropriated by this

11 Act may be used to relocate the 116th Fighter Wing of

12 the Air National Guard from Dobbins Air Reserve Base

13 to Robins Air Force Base, or to convert that wing from

14 F–15A aircraft to B–1B aircraft.

15 SEC. 8075. None of the funds appropriated by this

16 Act shall be used to procure aircraft fuel cells unless the

17 fuel cells are produced or manufactured in the United

18 States by a domestic-operated entity: Provided, That the

19 Secretary of the military department responsible for the

20 procurement may waive this restriction on a case-by-case

21 basis by certifying in writing to the Committees on Appro22 priations of the House of Representatives and the Senate

23 that adequate domestic supplies are not available to meet

24 Department of Defense requirements on a timely basis
86

HR 4650 RFS

1 and that such an acquisition must be made in order to

2 acquire capability for national security purposes.

3 SEC. 8076. During the current fiscal year, appropria4 tions which are available to the Department of Defense

5 for operation and maintenance may be used to purchase

6 items having an investment item unit cost of not more

7 than $50,000.

8 SEC. 8077. During the current fiscal year and there9 after, appropriations available for the pay and allowances

10 of active duty members of the Armed Forces shall be avail11 able to pay the retired pay which is payable pursuant to

12 section 4403 of Public Law 102–484 (10 U.S.C. 1293

13 note) under the terms and conditions provided in section

14 4403.

15 SEC. 8078. (a) During the current fiscal year, none

16 of the appropriations or funds available to the Defense

17 Business Operations Fund shall be used for the purchase

18 of an investment item for the purpose of acquiring a new

19 inventory item for sale or anticipated sale during the cur20 rent fiscal year or a subsequent fiscal year to customers

21 of the Defense Business Operations Fund if such an item

22 would not have been chargeable to the Defense Business

23 Operations Fund during fiscal year 1994 and if the pur24 chase of such an investment item would be chargeable dur-
87

HR 4650 RFS

1 ing the current fiscal year to appropriations made to the

2 Department of Defense for procurement.

3 (b) The fiscal year 1996 budget request for the De4 partment of Defense as well as all justification material

5 and other documentation supporting the fiscal year 1996

6 Department of Defense budget shall be prepared and sub7 mitted to the Congress on the basis that any equipment

8 which was classified as an end item and funded in a pro9 curement appropriation contained in this Act shall be

10 budgeted for in a proposed fiscal year 1996 procurement

11 appropriation and not in the supply management business

12 area or any other area or category of the Defense Business

13 Operations Fund.

14 SEC. 8079. None of the funds provided in this Act

15 shall be available for use by a Military Department to

16 modify an aircraft, weapon, ship or other item of equip17 ment, that the Military Department concerned plans to

18 retire or otherwise dispose of within five years after com19 pletion of the modification: Provided, That this prohibition

20 shall not apply to safety modifications: Provided further,

21 That this prohibition may be waived by the Secretary of

22 a Military Department if the Secretary determines it is

23 in the best national security interest of the country to pro24 vide such waiver and so notifies the congressional defense

25 committees in writing.
88

HR 4650 RFS

1 SEC. 8080. No part of the funds in this Act shall

2 be available to prepare or present a request to the Com3 mittees on Appropriations for reprogramming of funds,

4 unless for higher priority items, based on unforeseen mili5 tary requirements, than those for which originally appro6 priated and in no case where the item for which

7 reprogramming is requested has been denied by the Con8 gress.

9 SEC. 8081. None of the funds appropriated by this

10 Act shall be available for payment of the compensation

11 of personnel assigned to or serving in the National For12 eign Intelligence Program in excess of 94 percent of such

13 personnel actually assigned to or serving in the National

14 Foreign Intelligence Program on September 30, 1992:

15 Provided, That in making any reduction in the number

16 of such personnel that may be required pursuant to this

17 section, the percentage of reductions to Senior Intelligence

18 Service positions shall be equal to or exceed the percentage

19 of reductions to non-Senior Intelligence Service positions:

20 Provided further, That in making any reduction in the

21 number of such personnel that may be required pursuant

22 to this section, the percentage of reductions to positions

23 in the National Capital Region shall be equal to or exceed

24 the percentage of reductions to positions outside of the

25 National Capital Region.
89

HR 4650 RFS

1 SEC. 8082. None of the funds provided by this Act

2 may be used to pay the salaries of any person or persons

3 who authorize the transfer of obligated and deobligated

4 appropriations into the Reserve for Contingencies of the

5 Central Intelligence Agency.

6 SEC. 8083. None of the funds appropriated by this

7 Act for programs of the Central Intelligence Agency shall

8 remain available for obligation beyond the current fiscal

9 year, except for funds appropriated for the Reserve for

10 Contingencies, which shall remain available until Septem11 ber 30, 1996.

12 SEC. 8084. The classified Annex prepared by the

13 Committee on Appropriations to accompany the report on

14 the Department of Defense Appropriations Act, 1995 is

15 hereby incorporated into this Act: Provided, That the

16 amounts specified in the classified Annex are not in addi17 tion to amounts appropriated by other provisions of this

18 Act: Provided further, That the President shall provide for

19 appropriate distribution of the classified Annex, or of ap20 propriate portions of the classified Annex, within the exec21 utive branch of the Government.

22 SEC. 8085. Notwithstanding any other provision of

23 law, funds made available in this Act for the Defense In24 telligence Agency may be used for the design, develop25 ment, and deployment of General Defense Intelligence
90

HR 4650 RFS

1 Program intelligence communications and intelligence in2 formation systems for the Services, the Unified and Speci3 fied Commands, and the component commands.

4 SEC. 8086. None of the funds appropriated by this

5 Act shall be available for the planning, programming or

6 actual movement of any component or function of the De7 fense Mapping Agency Aerospace Center annex from the

8 St. Louis, Missouri area.

9 SEC. 8087. Notwithstanding any other provision of

10 law, reimbursements received from the North Atlantic

11 Treaty Organization for the E–3 Airborne Warning and

12 Control System (AWACS) Radar System Improvement

13 Program (RSIP) attributable to development work for fis14 cal years 1987 through 1992 shall be available to the Air

15 Force until September 30, 1995, for meeting that service’s

16 financial commitments for the AWACS RSIP.

17 SEC. 8088. (a) None of the funds appropriated or

18 otherwise made available in this Act may be used to trans19 port or provide for the transportation of chemical muni20 tions to the Johnston Atoll for the purpose of storing or

21 demilitarizing such munitions.

22 (b) The prohibition in subsection (a) shall not apply

23 to any obsolete World War II chemical munition of the

24 United States found in the World War II Pacific Theater

25 of Operations.
91

HR 4650 RFS

1 (c) The President may suspend the application of

2 subsection (a) during a period of war in which the United

3 States is a party.

4 SEC. 8089. Notwithstanding any other provision of

5 law, funds made available in this Act and in the fiscal year

6 1994 Department of Defense Appropriations Act (Public

7 Law 103–139) under the heading ‘‘Procurement, Defense8 Wide’’ shall be available to pay equitable adjustments to

9 which the contractor is legally entitled for Coastal Patrol

10 Craft that were procured in prior fiscal years.

11 SEC. 8090. Notwithstanding any other provision of

12 law, funds appropriated in this Act for the High Perform13 ance Computing Modernization Plan shall be made avail14 able only for the upgrade, purchase, or modernization of

15 supercomputing capability and capacity at all DOD high

16 performance computing sites: Provided, That contracts,

17 contract modifications, or contract options are awarded as

18 the result of full and open competition based upon the re19 quirements of the users.

20 SEC. 8091. Amounts collected for the use of the fa21 cilities of the National Science Center for Communications

22 and Electronics during the current fiscal year pursuant

23 to section 1459(g) of the Department of Defense Author24 ization Act, 1986 and deposited to the special account es25 tablished under subsection 1459(g)(2) of that Act are ap-
92

HR 4650 RFS

1 propriated and shall be available until expended for the

2 operation and maintenance of the Center as provided for

3 in subsection 1459(g)(2).

4 SEC. 8092. The Secretary of Defense and the Direc5 tor of Central Intelligence shall deliver, no later than Jan6 uary 1, 1995, a report providing the following information

7 about all research and development projects involving the

8 implementation, monitoring, or verification of current and

9 projected international arms control agreements: (a) an10 nual and total budgets, goals, schedules, and priorities; (b)

11 relationships among related projects being funded by the

12 Department of Defense, the National Foreign Intelligence

13 Program, and other departments and agencies of the Fed14 eral Government; and (c) comments by the Arms Control

15 and Disarmament Agency about the relevance of each

16 project to the arms control priorities of the United States.

17 SEC. 8093. Notwithstanding any other provision of

18 law, none of the funds appropriated in this or any other

19 Act shall be used for the purchase of a totally enclosed

20 lifeboat survival system, which consists of the lifeboat and

21 associated davits and winches, if less than 75 percent of

22 the entire system’s components are manufactured in the

23 United States, and if less than 75 percent of the labor

24 in the manufacture and assembly of the entire system is

25 performed in the United States.
93

HR 4650 RFS

1 SEC. 8094. (a) None of the funds appropriated in this

2 Act may be expended by an entity of the Department of

3 Defense unless the entity, in expending the funds, com4 plies with the Buy American Act. For purposes of this

5 subsection, the term ‘‘Buy American Act’’ means title III

6 of the Act entitled ‘‘An Act making appropriations for the

7 Treasury and Post Office Departments for the fiscal year

8 ending June 30, 1934, and for other purposes’’, approved

9 March 3, 1933 (41 U.S.C. 10a et seq.).

10 (b) If the Secretary of Defense determines that a per11 son has been convicted of intentionally affixing a label

12 bearing a ‘‘Made in America’’ inscription to any product

13 sold in or shipped to the United States that is not made

14 in America, the Secretary shall determine, in accordance

15 with section 2410f of title 10, United States Code, wheth16 er the person should be debarred from contracting with

17 the Department of Defense.

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
94

HR 4650 RFS

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.

5 SEC. 8097. None of the funds appropriated in this

6 Act are available for development of bi-static active capa7 bility in SURTASS unless the acoustic signal processing

8 for this capability is hosted exclusively on the AN/UYS–

9 2 in the operational system.

10 SEC. 8098. None of the funds appropriated by this

11 Act shall be available for a contract for studies, analyses,

12 or consulting services entered into without competition on

13 the basis of an unsolicited proposal unless the head of the

14 activity responsible for the procurement determines—

15 (1) as a result of thorough technical evaluation,

16 only one source is found fully qualified to perform

17 the proposed work, or

18 (2) the purpose of the contract is to explore an

19 unsolicited proposal which offers significant sci20 entific or technological promise, represents the prod21 uct of original thinking, and was submitted in con22 fidence by one source, or

23 (3) the purpose of the contract is to take ad24 vantage of unique and significant industrial accom25 plishment by a specific concern, or to insure that a
95

HR 4650 RFS

1 new product or idea of a specific concern is given fi2 nancial support:

3 Provided, That this limitation shall not apply to contracts

4 in an amount of less than $25,000, contracts related to

5 improvements of equipment that is in development or pro6 duction, or contracts as to which a civilian official of the

7 Department of Defense, who has been confirmed by the

8 Senate, determines that the award of such contract is in

9 the interest of the national defense.

10 SEC. 8099. Notwithstanding any other provision of

11 law, the Secretary of the Navy shall obligate funds made

12 available in the fiscal year 1993 Department of Defense

13 Appropriations Act (Public Law 102–396) and the fiscal

14 year 1994 Department of Defense Appropriations Act

15 (Public Law 103–139) under the heading ‘‘Aircraft Pro16 curement, Navy’’ for the USH–42 mission recorder for S–

17 3 aircraft.

18 SEC. 8100. It is the sense of Congress that none of

19 the funds appropriated or otherwise made available by this

20 Act should be available for the purposes of deploying

21 United States Armed Forces to participate in the imple22 mentation of a peace settlement in Bosnia-Herzegovina,

23 unless previously authorized by the Congress.

24 (TRANSFER OF FUNDS)

25 SEC. 8101. In addition to any other transfer author26 ity contained in this Act, funding appropriated under the
96

HR 4650 RFS

1 heading ‘‘Operation and Maintenance, Defense-Wide’’ for

2 increasing energy and water efficiency in Federal build3 ings may be transferred to other appropriations or funds

4 of the Department of Defense, to be merged with and to

5 be available for the same purposes, and for the same time

6 period, as the appropriation or fund to which transferred.

7 SEC. 8102. Funds appropriated by this Act for intel8 ligence activities are deemed to be specifically authorized

9 by the Congress for purposes of section 504 of the Na10 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

11 year 1995 until the enactment of the Intelligence Author12 ization Act for fiscal year 1995.

13 SEC. 8103. (1) Except as provided in subsection (c)

14 below, it is the sense of the Congress that none of the

15 funds appropriated by this Act should be obligated or ex16 pended for costs incurred by the United States Armed

17 Forces units serving in any international peacekeeping or

18 peace-enforcement operations under the authority of

19 Chapter VI or Chapter VII of the United Nations Charter

20 and under the authority of a United Nations Security

21 Council Resolution, or for costs incurred by United States

22 Armed Forces serving in any significant international hu23 manitarian, peacekeeping or peace-enforcement oper24 ations, unless—
97

HR 4650 RFS

1 (a) the President initiates consultations with

2 the bi-partisan leadership of Congress, including the

3 leadership of the relevant committees, regarding

4 such operations; these consultations should be initi5 ated at least fifteen days prior to the initial deploy6 ment of United States Armed Forces units to par7 ticipate in such an operation, whenever possible, but

8 in no case later than forty-eight hours after such a

9 deployment; and these consultations should continue

10 on a periodic basis throughout the period of the de11 ployment;

12 (b) such consultation should include discussion

13 of—

14 (1) the goals of the operation and the mis15 sion of any United States Armed Forces units

16 involved in the operation;

17 (2) the United States interests that will be

18 served by the operation;

19 (3) the estimated cost of the operation;

20 (4) the strategy by which the President

21 proposes to fund the operation, including pos22 sible supplemental appropriations or payments

23 from international organizations, foreign coun24 tries or other donors;
98

HR 4650 RFS

1 (5) the extent of involvement of armed

2 forces and other contributions of personnel

3 from other nations; and

4 (6) the operation’s anticipated duration

5 and scope;

6 (c) subsection (a) does not apply with respect to

7 an international humanitarian assistance operation

8 carried out in response to natural disasters; or to

9 any other international humanitarian assistance op10 eration if the President reports to Congress that the

11 estimated cost of such operation is less than

12 $50,000,000.

13 (2) Further, it is the sense of the Congress that the

14 President should seek supplemental appropriations for any

15 significant deployment of United States Armed Forces

16 when such forces are to perform or have been performing

17 international humanitarian, peacekeeping or peace-en18 forcement operations.

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
99

HR 4650 RFS

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. 8105. Of the funds appropriated in this Act, not

12 to exceed $68,000,000 may be used for the purchase or

13 construction of vessels for the Ready Reserve Force com14 ponent of the National Defense Reserve Fleet, as estab15 lished by section 11 of the Merchant Ship Sales Act of

16 1946 (50 U.S.C. App. 1744).

17 SEC. 8106. After September 1, 1995, none of the

18 funds in this Act are available for research, development,

19 acquisition, or launch of Titan IV expendable launch vehi20 cles: Provided, That the above provision shall not apply

21 if the Secretary of Defense certifies to the Congress a plan

22 for the development of and initiation of a competition for

23 a family of launch vehicles that is—

24 (1) capable of launching both medium and

25 heavy payloads,
100

HR 4650 RFS

1 (2) fully funded in the outyears, and

2 (3) scheduled to be available prior to the launch

3 of the 41st Titan IV expendable launch vehicle:

4 Provided further, That MILSTAR satellites 1 through 6

5 shall be launched on vehicles being procured as a part of

6 the current contract for 41 Titan IV launch vehicles: Pro7 vided further, That none of the funds in this Act may be

8 used to procure more than 41 Titan IV expendable launch

9 vehicles.

10 SEC. 8107. Notwithstanding any other provision of

11 law, of the funds appropriated to the Department of the

12 Navy for Operation and Maintenance, not less than

13 $3,000,000 shall be obligated and expended only for oper14 ation and maintenance, purchase of automatic data proc15 essing equipment, or in-house central design development

16 for the Naval Reserve Force Information Systems Office,

17 the Navy Reserve Personnel Center, the Enlisted Person18 nel Management Center, and the collocated Naval Com19 puter and Telecommunications Station: Provided, That

20 notwithstanding any other provision of law, of the funds

21 appropriated to the Department of Defense for Procure22 ment, Defense-Wide not less than $10,000,000 shall be

23 obligated and expended only for automatic data processing

24 equipment or software, or in-house central design develop25 ment for the Naval Reserve Force Information Systems
101

HR 4650 RFS

1 Office, the Naval Reserve Personnel Center, the Enlisted

2 Personnel Management Center and the collocated Naval

3 Computer and Telecommunications Station: Provided fur4 ther, That the Secretary of the Navy shall establish the

5 Naval Reserve Force Information Systems Office, the En6 listed Personnel Management Center, and the collocated

7 Naval Computer and Telecommunications Station, as the

8 designers, developers, managers, integrators and central

9 design activity for the software development and mainte10 nance of the Naval active and reserve Single Source Data

11 Collection System.

12 SEC. 8108. No funds available to the Department of

13 Defense may be used to establish additional field operating

14 agencies or field offices of any element of the Department

15 during fiscal year 1995: Provided, That after August 30,

16 1995, none of the funds available to the Department of

17 Defense shall be used to support more than fifty percent

18 of the field operating agencies or field offices of any ele19 ment of the Department of Defense which were in exist20 ence on September 30, 1994.

21 SEC. 8109. None of the funds made available in this

22 Act under the heading ‘‘Shipbuilding and Conversion,

23 Navy’’ may be obligated for the DDG–51 destroyer pro24 gram or the LHD–1 amphibious assault ship program
102

HR 4650 RFS

1 until the fiscal year 1995 options for acquisition of sealift

2 ships have been exercised.

3 SEC. 8110. None of the funds provided in this Act

4 may be used to procure crystal oscillator carriers, ceramic

5 package incorporating ceramic components joined with

6 glass (frit) or epoxy seals, or multi-layer co-fired single

7 chip ceramic packages unless such products are produced

8 or manufactured in the United States: Provided, That

9 when adequate domestic supplies are not available to meet

10 Department of Defense requirements on a timely basis,

11 the Secretary of the service responsible for the procure12 ment may waive this restriction on a case-by-case basis

13 by certifying in writing to the Committees on Appropria14 tions that such an acquisition must be made in order to

15 acquire capability for national security purposes.

16 SEC. 8111. Notwithstanding any other provision of

17 law, funds made available in the fiscal year 1993 and 1994

18 Department of Defense Appropriations Acts for the EA–

19 6B program are to be used exclusively to begin engineer20 ing changes that will increase the capability of the Navy’s

21 EA–6B aircraft by insertion of the critical elements of the

22 EA–6B ADVCAP receiver processor group system into the

23 on-board system and the addition of the ALQ–149 Com24 mand, Control, and Communications countermeasure sys25 tem: Provided, That these funds shall be obligated no later
103

HR 4650 RFS

1 than 120 days after enactment of this Act: Provided fur2 ther, That the Secretary of the Navy shall obligate

3 $6,000,000 made available in the fiscal year 1994 Depart4 ment of Defense Appropriations Act (Public Law 103–

5 139) exclusively for the miniaturization of the EA–6B

6 RPG technology for use on the Navy’s electronic warfare

7 aircraft.

8 (TRANSFER OF FUNDS)

9 SEC. 8112. For the rehabilitation of damage caused

10 to Rongelap Atoll by the nuclear testing program and for

11 the resettlement of Rongelap Atoll, $5,000,000 is appro12 priated to the Department of Defense, which shall be

13 transferred to the Department of the Interior for deposit

14 into the Rongelap Resettlement Trust Fund.

15 SEC. 8113. None of the funds provided in this Act

16 may be used to develop the Sustaining Base Information

17 System until the Assistant Secretary of Defense for Com18 mand, Control, Communications and Intelligence has cer19 tified to the Armed Services and Appropriations Commit20 tees of Congress that the Department of Defense has pub21 lished a complete and comprehensive system functional de22 scription governing the acquisition and has received from

23 the contractor an estimate of the number of lines of soft24 ware code to implement such functional description and

25 an estimate of the attendant cost: Provided, That none

26 of the work content of the Sustaining Base Information
104

HR 4650 RFS

1 System contract may be performed instead by government

2 in-house activities without being competed if such efforts

3 are passed through government organizations to other

4 than Sustaining Base Information System contractors.

5 SEC. 8114. The Assistant Secretary of Defense for

6 Command, Control, Communications and Intelligence

7 shall establish and implement a master plan for all acqui8 sitions of automated document conversion systems, equip9 ment, and technologies: Provided, That none of the funds

10 in this Act may be used to develop technologies or to ac11 quire new automated document conversion equipment,

12 services, or systems which cost more than $5,000,000

13 after January 1, 1995 unless such acquisitions are ap14 proved in advance by the Assistant Secretary or his des15 ignee: Provided further, That of the funds appropriated to

16 the Department of Defense for Procurement, Defense17 Wide, not less than $30,000,000 shall be used only to inte18 grate the Automated Document Conversion System into

19 the Joint Engineering Data Management and Information

20 Control System.

21 SEC. 8115. Notwithstanding any other provision of

22 law, none of the funds provided in this Act may be used

23 to procure vessel propellers six feet in diameter and great24 er unless such propellers are manufactured in the United

25 States incorporating only casting which are poured and
105

HR 4650 RFS

1 finished in the United States. Nor may any of the funds

2 provided in this Act be used to procure ship propulsion

3 shafting unless such ship propulsion shafting is manufac4 tured in the United States: Provided, That when adequate

5 domestic supplies are not available to meet Department

6 of Defense requirements on a timely basis, the Secretary

7 of the service responsible for the procurement may waive

8 this restriction on a case-by-case basis by certifying in

9 writing to the Committees on Appropriations that such an

10 acquisition must be made in order to acquire capability

11 for national security purposes.

12 (TRANSFER OF FUNDS)

13 SEC. 8116. Notwithstanding any other provision of

14 law, $16,300,000 made available in the fiscal year 1993

15 Department of Defense Appropriations Act (Public Law

16 102–396) for ‘‘Other Procurement, Navy’’ and

17 $5,900,000 made available in the fiscal year 1994 Depart18 ment of Defense Appropriations Act (Public Law 103–

19 139) for ‘‘Other Procurement, Navy’’ shall be transferred

20 to ‘‘Research, Development, Test and Evaluation, Navy’’

21 for the SPS–48E program.

22 SEC. 8117. Notwithstanding any other provision of

23 law, the Department of Defense shall award contracts for

24 the CHAMPUS Reform Initiative in California-Hawaii

25 and the Managed Care Support initiative in Washington26 Oregon regions in sufficient time for the contractors to
106

HR 4650 RFS

1 begin to provide health care under those contracts no later

2 than April 1, 1995 in California and Hawaii, and not later

3 than March 1, 1995 for Washington and Oregon, or as

4 soon thereafter as practicable.

5 SEC. 8118. None of the funds appropriated in this

6 Act shall be used for the recruitment or enrollment of a

7 new student or class of students at the Uniformed Services

8 University of the Health Sciences.

9 SEC. 8119. None of the funds appropriated or made

10 available by this Act shall be obligated to procure active

11 matrix liquid crystal displays unless the displays, including

12 the active and passive plates, are produced or manufac13 tured in the United States by a domestic-owned and do14 mestic-operated entity: Provided, That the Secretary of

15 the military department or head of a Defense Agency re16 sponsible for the procurement may waive this restriction

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

18 Committees on Appropriations of the House of Represent19 atives and the Senate that adequate domestic supplies are

20 not available to meet Department of Defense requirements

21 on a timely basis and that such an acquisition must be

22 made in order to acquire capability for national security

23 purposes: Provided further, That these restrictions shall

24 not apply to contracts which are in being as of the date

25 of enactment of this Act.
107

HR 4650 RFS

1 SEC. 8120. None of the funds appropriated in this

2 Act to the Department of the Army may be obligated for

3 procurement of 120mm mortars or 120mm mortar ammu4 nition manufactured outside of the United States.

5 SEC. 8121. The total amount appropriated to or for

6 the use of the Department of Defense by this Act for re7 search, development, test and evaluation for management

8 support is hereby reduced by $30,000,000: Provided, That

9 the Secretary of Defense shall allocate the amount reduced

10 in the preceding sentence and not later than December

11 31, 1994, report to the Senate and the House Committees

12 on Appropriations and Armed Services how this reduction

13 was allocated among the services and Defense Agencies.

14 This Act may be cited as the ‘‘Department of Defense

15 Appropriations Act, 1995’’.

Passed the House of Representatives June 29, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

HR 4650 RFS——2

HR 4650 RFS——3

HR 4650 RFS——4

HR 4650 RFS——5

HR 4650 RFS——6

HR 4650 RFS——7

HR 4650 RFS——8