H. R. 4650

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

Making appropriations for the Department of Defense for the fiscal year ending

September 30, 1995, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 1995, for military functions administered by the Department

of Defense, and for other purposes, namely:

TITLE I

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, interest on deposits,

gratuities, permanent change of station travel (including all

expenses thereof for organizational movements), and expenses of

temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and

for payments pursuant to section 156 of Public Law 97–377, as

amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense

Military Retirement Fund; $20,609,770,000.

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change of station travel (including all

expenses thereof for organizational movements), and expenses of

temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve

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

payments pursuant to section 156 of Public Law 97–377, as

amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense

Military Retirement Fund; $17,569,137,000.

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, interest on deposits,

gratuities, permanent change of station travel (including all

expenses thereof for organizational movements), and expenses of
H. R. 4650—2

temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the

Reserve provided for elsewhere); and for payments pursuant to

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

note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)),

and to the Department of Defense Military Retirement Fund;

$5,774,871,000.

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change of station travel (including all

expenses thereof for organizational movements), and expenses of

temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve

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

and for payments pursuant to section 156 of Public Law 97–377,

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

Security Act (42 U.S.C. 429(b)), and to the Department of Defense

Military Retirement Fund; $17,181,479,000.

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Army Reserve on active

duty under sections 265, 3021, and 3038 of title 10, United States

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

10, United States Code, in connection with performing duty specified

in section 678(a) of title 10, United States Code, or while undergoing

reserve training, or while performing drills or equivalent duty or

other duty, and for members of the Reserve Officers’ Training

Corps, and expenses authorized by section 2131 of title 10, United

States Code; and for payments to the Department of Defense Military Retirement Fund; $2,161,620,000.

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Navy Reserve on active

duty under section 265 of title 10, United States Code, or while

serving on active duty under section 672(d) of title 10, United

States Code, in connection with performing duty specified in section

678(a) of title 10, United States Code, or while undergoing reserve

training, or while performing drills or equivalent duty, and for

members of the Reserve Officers’ Training Corps, and expenses

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

for payments to the Department of Defense Military Retirement

Fund; $1,401,809,000.

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Marine Corps Reserve

on active duty under section 265 of title 10, United States Code,

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

United States Code, in connection with performing duty specified

in section 678(a) of title 10, United States Code, or while undergoing

reserve training, or while performing drills or equivalent duty,

and for members of the Marine Corps platoon leaders class, and
H. R. 4650—3

expenses authorized by section 2131 of title 10, United States

Code; and for payments to the Department of Defense Military

Retirement Fund; $348,748,000.

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Air Force Reserve on

active duty under sections 265, 8021, and 8038 of title 10, United

States Code, or while serving on active duty under section 672(d)

of title 10, United States Code, in connection with performing

duty specified in section 678(a) of title 10, United States Code,

or while undergoing reserve training, or while performing drills

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

Reserve Officers’ Training Corps, and expenses authorized by section 2131 of title 10, United States Code; and for payments to

the Department of Defense Military Retirement Fund; $768,834,000.

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Army National Guard

while on duty under section 265, 3021, or 3496 of title 10 or

section 708 of title 32, United States Code, or while serving on

duty under section 672(d) of title 10 or section 502(f) of title 32,

United States Code, in connection with performing duty specified

in section 678(a) of title 10, United States Code, or while undergoing

training, or while performing drills or equivalent duty or other

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

States Code; and for payments to the Department of Defense Military Retirement Fund; $3,339,505,000.

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Air National Guard on

duty under section 265, 8021, or 8496 of title 10 or section 708

of title 32, United States Code, or while serving on duty under

section 672(d) of title 10 or section 502(f) of title 32, United States

Code, in connection with performing duty specified in section 678(a)

of title 10, United States Code, or while undergoing training, or

while performing drills or equivalent duty or other duty, and

expenses authorized by section 2131 of title 10, United States

Code; and for payments to the Department of Defense Military

Retirement Fund; $1,233,429,000.

TITLE II

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Army, as authorized by law;

and not to exceed $14,437,000 can be used for emergencies and

extraordinary expenses, to be expended on the approval or authority
H. R. 4650—4

of the Secretary of the Army, and payments may be made on

his certificate of necessity for confidential military purposes;

$17,507,088,000 and, in addition, $50,000,000 shall be derived by

transfer from the National Defense Stockpile Transaction Fund:

Provided, That of the funds appropriated in this paragraph, not

less than $388,599,000 shall be made available only for conventional

ammunition care and maintenance: Provided further, That of the

funds appropriated in this paragraph, $5,800,000 shall be made

available only for the removal of equipment and the repair and

restoration of structures at the National Center for Toxicological

Research, Jefferson, Arkansas: Provided further, That of the funds

appropriated under this heading, not less than $5,000,000 shall

be made available only for payment to the DOD 50th Anniversary

of World War II Commemoration Appropriation: Provided further,

That of the funds appropriated under this heading, $9,500,000

shall be made available only to purchase an easement for use

by the Army’s Schofield Barracks Military Reservation for the purpose of waste water disposal: Provided further, That notwithstanding Army Regulation 200–1, the Secretary of the Army may obligate

not to exceed $2,000,000 through the Army Corps of Engineers

to contribute to a multi-party remediation effort at the Alaska

Roundhouse site at Cordova, Alaska: Provided further, That such

funds may only be obligated to match contributions made by other

private, State or Municipal authorities to the remediation effort.

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Navy and the Marine Corps,

as authorized by law; and not to exceed $4,301,000 can be used

for emergencies and extraordinary expenses, to be expended on

the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential

military purposes; $21,054,470,000 and, in addition, $50,000,000

shall be derived by transfer from the National Defense Stockpile

Transaction Fund: Provided, That of the funds appropriated under

this heading, not less than $45,874,000 shall be made available

only for the Pacific Missile Range Facility, Hawaii: Provided further,

That of the funds appropriated under this heading, $46,300,000

shall be made available only for naval shipyard modernization

projects to remain available for obligation until September 30, 1996.

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Marine Corps, as authorized

by law; $1,988,215,000.

OPERATION AND MAINTENANCE, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Air Force, as authorized by law;

and not to exceed $8,762,000 can be used for emergencies and

extraordinary expenses, to be expended on the approval or authority
H. R. 4650—5

of the Secretary of the Air Force, and payments may be made

on his certificate of necessity for confidential military purposes;

$18,763,427,000 and, in addition, $50,000,000 shall be derived by

transfer from the National Defense Stockpile Transaction Fund:

Provided, That the Secretary of the Air Force may acquire all

right, title and interest of any party in and to two parcels of

real property, including improvements thereon, consisting of

approximately 27 acres, located near King Salmon Air Force Station:

Provided further, That this authority may be exercised only for

the purpose of conducting a response action in accordance with

the Comprehensive Environmental Response, Compensation, and

Liability Act (42 U.S.C. 9601–9675) and the Air Force Installation

Restoration Program.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses, not otherwise provided for, necessary for the

operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law; $10,500,104,000, of which not to exceed $25,000,000

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

which not to exceed $23,768,000 can be used for emergencies and

extraordinary expenses, to be expended on the approval or authority

of the Secretary of Defense, and payments may be made on his

certificate of necessity for confidential military purposes: Provided,

That of the funds appropriated under this heading, $20,000,000

shall be made available only for the repair and maintenance of

federally owned education facilities located on military installations.

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications; $1,243,209,000: Provided, That

the Undersecretary of Defense for Policy, shall, not later than

October 15, 1994, transmit, in unclassified and classified forms,

the Rand Corporation Study, published on or about December 1993,

on The United States Role in Possible Middle East Peace Settlements to the congressional defense, intelligence and foreign affairs

committees.

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications; $831,219,000.

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Marine Corps Reserve; repair of facilities
H. R. 4650—6

and equipment; hire of passenger motor vehicles; travel and

transportation; care of the dead; recruiting; procurement of services,

supplies, and equipment; and communications; $81,862,000.

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Air Force Reserve; repair of facilities and

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $1,471,505,000.

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the

Army National Guard, including medical and hospital treatment

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger

motor vehicles; personnel services in the National Guard Bureau;

travel expenses (other than mileage), as authorized by law for

Army personnel on active duty, for Army National Guard division,

regimental, and battalion commanders while inspecting units in

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying

and equipping the Army National Guard as authorized by law;

and expenses of repair, modification, maintenance, and issue of

supplies and equipment (including aircraft); $2,440,288,000: Provided, That of the funds appropriated in this paragraph,

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

Outreach Program in the Los Angeles School District.

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For operation and maintenance of the Air National Guard,

including medical and hospital treatment and related expenses

in non-Federal hospitals; maintenance, operation, repair, and other

necessary expenses of facilities for the training and administration

of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of

things; hire of passenger motor vehicles; supplies, materials, and

equipment, as authorized by law for the Air National Guard; and

expenses incident to the maintenance and use of supplies, materials,

and equipment, including such as may be furnished from stocks

under the control of agencies of the Department of Defense; travel

expenses (other than mileage) on the same basis as authorized

by law for Air National Guard personnel on active Federal duty,

for Air National Guard commanders while inspecting units in

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau;

$2,772,928,000: Provided, That of the funds appropriated under

this heading, $9,200,000 shall be made available only for the operation of Air National Guard C–130 operational support aircraft

of the 159th Air National Guard Fighter Group, the 146th Airlift

Wing, and the South Carolina Air National Guard 169th Fighter

Group unit.
H. R. 4650—7

NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY

For the necessary expenses and personnel services (other than

pay and non-travel-related allowances of members of the Armed

Forces of the United States, except for members of the reserve

components thereof called or ordered to active duty to provide

support for the national matches) in accordance with law, for operation and maintenance of rifle ranges; the instruction of citizens

in marksmanship; the promotion of rifle practice; the conduct of

the national matches; the sale of ammunition under the authority

of title 10, United States Code, sections 4308 and 4311; the travel

of rifle teams, military personnel, and individuals attending

regional, national, and international competitions; and the payment

to competitors at national matches under section 4312 of title

10, United States Code, of subsistence and travel allowances under

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

$2,544,000.

COURT OF MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the United States

Court of Military Appeals; $6,126,000, of which not to exceed $2,500

can be used for official representation purposes.

ENVIRONMENTAL RESTORATION, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense; $1,780,200,000, to remain available until transferred: Provided, That the Secretary of Defense

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,

removal of unsafe buildings and debris of the Department of

Defense, or for similar purposes (including programs and operations

at sites formerly used by the Department of Defense), transfer

the funds made available by this appropriation to other appropriations made available to the Department of Defense as the Secretary

may designate, to be merged with and to be available for the

same purposes and for the same time period as the appropriations

of funds to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such

amounts may be transferred back to this appropriation.

SUMMER OLYMPICS

For logistical support and personnel services (other than pay

and non-travel-related allowances of members of the Armed Forces

of the United States, except for members of the reserve components

thereof called or ordered to active duty to provide support for

the 1996 Games of the XXVI Olympiad and the X Paralympiad

to be held in Atlanta, Georgia) provided by any component of

the Department of Defense to the 1996 Games of the XXVI Olympiad and the X Paralympiad; $14,400,000: Provided, That funds

appropriated under this heading shall remain available for obligation until September 30, 1997.
H. R. 4650—8

1995 SPECIAL OLYMPICS WORLD GAMES

For logistical support and personnel services (other than pay and non-travel-related allowances of members of the Armed Forces

of the United States, except for members of the reserve components

thereof called or ordered to active duty to provide support for

the 1995 Special Olympics World Games to be held in New Haven,

Connecticut) provided by any component of the Department of

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

HUMANITARIAN ASSISTANCE

For transportation for humanitarian relief for the people of

Afghanistan, the Kurdish population and other minorities of northern Iraq, and the people of sub-Saharan Africa, acquisition and

shipment of transportation assets to assist in the distribution of

such relief, and for transportation and distribution of humanitarian

relief supplies, and excess non-lethal property; $65,000,000 of which

$10,000,000 shall be made available only for activities to support

the clearing of landmines for humanitarian purposes.

FORMER SOVIET UNION THREAT REDUCTION

For assistance to the republics of the former Soviet Union,

including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and

storage of nuclear, chemical and other weapons; for providing incentives for demilitarization; for establishing programs to prevent the

proliferation of weapons, weapons components, and weapon-related

technology and expertise; for programs relating to the training

and support of defense and military personnel for demilitarization

and protection of weapons, weapons components and weapons technology and expertise; for supporting the demilitarization of military

technologies and production infrastructure; $400,000,000 to remain

available until expended: Provided, That of the funds appropriated

under this heading, $10,000,000 shall be made available only for

the continuing study, assessment, and identification of nuclear

waste disposal by the former Soviet Union in the Arctic and North

Pacific regions.

TITLE III

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, ground

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private

plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes; $1,063,164,000, to

remain available for obligation until September 30, 1997: Provided,

That the Secretary of the Army will report to the House and
H. R. 4650—9

Senate Committees on Appropriations on the concept, organization,

requirements, and mission need documents for the High Capacity

Air Ambulance, utilizing low cost fixed wing aircraft, no later than

April 15, 1995.

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of missiles, equipment, including ordnance, ground

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private

plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes; $813,795,000, to

remain available for obligation until September 30, 1997.

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For construction, procurement, production, and modification

of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment

and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and

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

prosecuted thereon prior to approval of title; and procurement and

installation of equipment, appliances, and machine tools in public

and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the

foregoing purposes; $1,151,914,000, to remain available for obligation until September 30, 1997.

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification

of ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854, title 10, United

States Code, and the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes; $1,181,221,000, to

remain available for obligation until September 30, 1997: Provided,

That of the amounts appropriated for the ARMS program in

‘‘Procurement of Ammunition, Army, 1993/1995’’, $43,000,000 may

be available to fund subsidy costs of loan guarantees authorized

to be made under that program.

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification

of vehicles, including tactical, support, and nontracked combat
H. R. 4650—10

vehicles; communications and electronic equipment; other support

equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private

plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes; $2,673,148,000, to

remain available for obligation until September 30, 1997.

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, spare

parts, and accessories therefor; specialized equipment; expansion

of public and private plants, including the land necessary therefor,

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

construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway;

$4,627,645,000, to remain available for obligation until September

30, 1997.

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of missiles, torpedoes, other weapons, and related

support equipment including spare parts, and accessories therefor;

expansion of public and private plants, including the land necessary

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway;

$2,159,080,000, to remain available for obligation until September

30, 1997: Provided, That, in addition to the foregoing purposes,

funds appropriated under this heading shall be available to liquidate deficiencies in appropriations provided under this heading

in prior Department of Defense appropriations Acts without regard

to any provision of law limiting or restricting amounts which may

be charged to currently available appropriations with respect to

funds provided in prior appropriations Acts.

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification

of ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854, title 10, United

States Code, and the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other
H. R. 4650—11

expenses necessary for the foregoing purposes; $417,779,000, to

remain available for obligation until September 30, 1997.

SHIPBUILDING AND CONVERSION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and

armament thereof, plant equipment, appliances, and machine tools

and installation thereof in public and private plants; reserve plant

and Government and contractor-owned equipment layaway;

procurement of critical, long leadtime components and designs for

vessels to be constructed or converted in the future; and expansion

of public and private plants, including land necessary therefor,

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

construction prosecuted thereon prior to approval of title, as follows:

Carrier replacement program, $2,284,925,000;

CVN Refuelings, $38,328,000;

DDG–51 destroyer program, $2,660,690,000;

LHD–1 amphibious assault ship program, $50,000,000: Provided, That such funds shall not be obligated or expended until such time that there are sufficient funds made available

for the LHD ship program to execute an existing contract

option or any extension thereto for LHD–7: Provided further,

That such funds shall not be transferred, reprogrammed, or

used for any purpose other than the LHD ship program: Provided further, That such funds shall remain available for obliga- tion until expended: Provided further, That the Secretary of the Navy shall extend this existing contract option for the

LHD–7 ship for not less than one year and shall negotiate

any change in option price made necessary by such extension; Nuclear submarine main steam condenser industrial base,

$1,000,000;

For craft, outfitting, post delivery, conversions, and first destination transportation, $377,521,000;

In all: $5,412,464,000, and, in addition, $1,200,000,000 shall be

derived by transfer from the National Defense Sealift Fund for

additional funding for the Carrier replacement program, all to

remain available for obligation until September 30, 1999: Provided,

That additional obligations may be incurred after September 30,

1999, for engineering services, tests, evaluations, and other such

budgeted work that must be performed in the final stage of ship

construction: Provided further, That none of the funds herein provided for the construction or conversion of any naval vessel to

be constructed in shipyards in the United States shall be expended

in foreign facilities for the construction of major components of

such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in

foreign shipyards.

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support

equipment and materials not otherwise provided for, Navy ordnance

(except ordnance for new aircraft, new ships, and ships authorized

for conversion); the purchase of not to exceed 262 passenger motor

vehicles, of which 162 shall be for replacement only; expansion

of public and private plants, including the land necessary therefor,
H. R. 4650—12

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

construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway;

$3,329,171,000, to remain available for obligation until September

30, 1997: Provided, That of the funds appropriated under this

heading, not less than $23,900,000 shall be made available only

for the Pacific Missile Range Facility, Hawaii.

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and

modification of missiles, armament, military equipment, spare

parts, and accessories therefor; plant equipment, appliances, and

machine tools, and installation thereof in public and private plants;

reserve plant and Government and contractor-owned equipment

layaway; vehicles for the Marine Corps, including the purchase

of not to exceed 103 passenger motor vehicles for replacement

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

necessary therefor, and such lands and interests therein, may be

acquired and construction prosecuted thereon prior to approval

of title; $422,410,000, to remain available for obligation until

September 30, 1997.

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and

equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories

therefor; specialized equipment; expansion of public and private

plants, Government-owned equipment and installation thereof in

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

the foregoing purposes, and such lands and interests therein, may

be acquired, and construction prosecuted thereon prior to approval

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $6,379,962,000,

to remain available for obligation until September 30, 1997: Provided, That the Department of the Air Force shall initiate procurement of non-developmental airlift aircraft no later than September

30, 1995.

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles,

spacecraft, rockets, and related equipment, including spare parts

and accessories therefor, ground handling equipment, and training

devices; expansion of public and private plants, Government-owned

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and

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

prosecuted thereon prior to approval of title; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes including rents and

transportation of things; $3,650,262,000, to remain available for

obligation until September 30, 1997.
H. R. 4650—13

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification

of ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854, title 10, United

States Code, and the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes; $288,401,000, to

remain available for obligation until September 30, 1997.

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and

spare parts therefor, not otherwise provided for; the purchase of

not to exceed 678 passenger motor vehicles for replacement only;

and expansion of public and private plants, Government-owned

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and

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

prosecuted thereon, prior to approval of title; reserve plant and

Government and contractor-owned equipment layaway;

$6,965,201,000, to remain available for obligation until September

30, 1997.

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of

Defense (other than the military departments) necessary for

procurement, production, and modification of equipment, supplies,

materials, and spare parts therefor, not otherwise provided for;

the purchase of not to exceed 437 passenger motor vehicles, of

which 431 shall be for replacement only; expansion of public and

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

erection of structures, and acquisition of land for the foregoing

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

and construction prosecuted thereon prior to approval of title;

reserve plant and Government and contractor-owned equipment

layaway; $2,088,230,000, to remain available for obligation until

September 30, 1997.

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles,

ammunition, other weapons, and other procurement for the reserve

components of the Armed Forces; $800,000,000, to remain available

for obligation until September 30, 1997.
H. R. 4650—14

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance,

rehabilitation, lease, and operation of facilities and equipment, as

authorized by law; $5,521,413,000, to remain available for obligation

until September 30, 1996.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance,

rehabilitation, lease, and operation of facilities and equipment, as

authorized by law; $8,796,168,000, to remain available for obligation

until September 30, 1996: Provided, That for continued research

and development programs at the National Center for Physical

Acoustics, centering on ocean acoustics as it applies to advanced

antisubmarine warfare acoustics issues with focus on ocean bottom

acoustics, seismic coupling, sea-surface and bottom scattering, oceanic ambient noise, acoustically active surfaces, machinery noise,

propagation physics, solid state acoustics, electrorheological fluids,

transducer development, ultrasonic sensors, and other such projects

as may be agreed upon, $1,000,000 shall be made available, as

a grant, to the Mississippi Resource Development Corporation, of

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

special equipment as may be required for particular projects: Provided further, That none of the funds appropriated in this paragraph

may be obligated or expended to develop or purchase equipment

for an Aegis destroyer variant (commonly known as ‘‘Flight IIA’’)

whose initial operating capability is budgeted to be achieved prior

to the initial operating capability of the Ship Self-Defense program,

nor to develop sensor, processor, or display capabilities which duplicate in any way those being developed in the Ship Self-Defense

program: Provided further, That funds appropriated in this paragraph for development of the LPD–17 ship may not be obligated

unless the baseline design of the ship includes cooperative engagement capability and sufficient own-ship self-defense capability

against advanced sea-skimming antiship cruise missiles in the baseline design to achieve an estimated probability of survival from

attack by such missiles at a level no less than any other Navy

ship.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance,

rehabilitation, lease, and operation of facilities and equipment, as

authorized by law; $12,202,572,000, to remain available for obligation until September 30, 1996: Provided, That not less than

$12,000,000 of the funds appropriated in this paragraph shall be

made available only for the Joint Seismic Program and Global

Seismic Network administrated by the Incorporated Research

Institutions for Seismology: Provided further, That not less than

$20,000,000 of the funds appropriated in this paragraph shall be
H. R. 4650—15

made available only for the National Center for Manufacturing

Sciences: Provided further, That not less than $13,000,000 of the

funds appropriated in this paragraph shall be made available only

to continue the establishment and operation of an image information

processing center supporting the Air Force Maui Space Surveillance

Site.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses of activities and agencies of the Department of

Defense (other than the military departments), necessary for basic

and applied scientific research, development, test and evaluation;

advanced research projects as may be designated and determined

by the Secretary of Defense, pursuant to law; maintenance,

rehabilitation, lease, and operation of facilities and equipment, as

authorized by law; $9,099,387,000, to remain available for obligation

until September 30, 1996: Provided, That not less than $75,000,000

of the funds appropriated in this paragraph shall be made available

only for the Sea-Based Wide Area Defense (Navy Upper-Tier) program: Provided further, That $50,000,000 shall be made available

only to cover the costs (as defined in section 502(5) of the Federal

Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees

issued pursuant to subsection (b)(3) of such section: Provided further, That of the funds appropriated in this paragraph, $15,000,000

shall be transferred to the Department of Energy to address

environmental restoration and management needs through the Center for Bioenvironmental Research: Provided further, That not less

than $20,000,000 of the funds appropriated in this paragraph shall

be made available only for an Experimental Program to Stimulate

Competitive Research (EPSCOR) in the Department of Defense

which shall include all states eligible as of the date of enactment

of this Act for the National Science Foundation Experimental Program to Stimulate Competitive Research.

DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, of independent activities of the Director, Test and Evaluation in the direction and

supervision of developmental test and evaluation, including

performance and joint developmental testing and evaluation; and

administrative expenses in connection therewith; $238,003,000, to

remain available for obligation until September 30, 1996.

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the

independent activities of the Director, Operational Test and Evaluation in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in

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

until September 30, 1996.
H. R. 4650—16

TITLE V

REVOLVING AND MANAGEMENT FUNDS

DEFENSE BUSINESS OPERATIONS FUND

For the Defense Business Operations Fund; $945,238,000.

NATIONAL DEFENSE SEALIFT FUND

(INCLUDING TRANSFER OF FUNDS)

For National Defense Sealift Fund programs, projects, and

activities, $724,400,000, to remain available until expended: Provided, That $25,000,000 shall be transferred to the Secretary of

Transportation for title XI loan guarantees: Provided further, That

none of the funds provided in this paragraph shall be used to

award a new contract that provides for the acquisition of any

of the following major components unless such components are

manufactured in the United States: auxiliary equipment, including

pumps, for all ship-board services; propulsion system components

(that is; engines, reduction gears, and propellers); shipboard cranes;

and spreaders for shipboard cranes: Provided further, That the

exercise of an option in a contract awarded through the obligation

of previously appropriated funds shall not be considered to be

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

of the military department responsible for such procurement may

waive this restriction on a case-by-case basis by certifying in writing

to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not

available to meet Department of Defense requirements on a timely

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

acquire capability for national security purposes: Provided further,

That not to exceed $43,000,000 may be used for the purchase

or construction of vessels for the Ready Reserve Force component

of the National Defense Reserve Fleet, as established by section

11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744):

Provided further, That $110,000,000 may be used for the acquisition

and conversion of one maritime prepositioning ship for use by

the Marine Corps MPS Enhancement Program, and notwithstanding any other provision of law, that such conversion shall be performed in a United States shipyard.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health

care programs of the Department of Defense, as authorized by

law; $9,930,759,000, of which $9,601,170,000 shall be for Operation

and maintenance, of which $329,589,000, to remain available for

obligation until September 30, 1997, shall be for Procurement:

Provided, That the Department shall continue to competitively contract during fiscal year 1995 for mail service pharmacy for at

least two multi-state regions in addition to the ongoing solicitations

for Florida, South Carolina, Georgia, Delaware, New Jersey, Penn-
H. R. 4650—17

sylvania, and Hawaii, as well as each base closure area not supported by an at-risk managed care plan; that such services shall

be procured independent of any other Department managed care

contracts; that one multi-state region shall include the State of

Kentucky and that one multi-state region shall include the State

of New Mexico: Provided further, That of the funds appropriated

under this heading, $5,000,000 shall be made available only for

nursing research: Provided further, That of the funds appropriated

under this heading, $14,500,000 shall be made available for obtaining emergency communications services for members of the Armed

Forces and their families from the American National Red Cross

as authorized by law: Provided further, That until the end of

September 30, 1995, the Secretary of the Air Force shall, through

contract or otherwise, continue to provide health care in the base

hospital at Plattsburgh Air Force Base, New York, to persons entitled to health care in facilities of the uniformed services: Provided

further, That of the funds appropriated under this heading, not

more than $3,400,000 shall be made available to permit private

sector or non-Federal physicians, who have used and will use the

antibacterial treatment method based upon the excretion of dead

and decaying spherical bacteria, to work in conjunction with the

Walter Reed Army Medical Center on a treatment protocol and

related studies for Desert Storm Syndrome-affected veterans.

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the

destruction of the United States stockpile of lethal chemical agents

and munitions in accordance with the provisions of section 1412

of the Department of Defense Authorization Act, 1986 (50 U.S.C.

1521), and for the destruction of other chemical warfare materials

that are not in the chemical weapon stockpile, $575,449,000, of

which $355,784,000 shall be for Operation and maintenance,

$198,965,000 shall be for Procurement to remain available until

September 30, 1997, and $20,700,000 shall be for Research, development, test and evaluation to remain available until September 30, 1996.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the

Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United

States Code; for Operation and maintenance; for Procurement; and

for Research, development, test and evaluation; $721,266,000, of

which $10,000,000 is hereby transferred to the ‘‘Military Construction, Navy’’ appropriation for construction of a Relocatable Overthe-Horizon Radar in Puerto Rico: Provided, That section 9136

of Public Law 102–396 is amended by adding the words ‘‘purchasing

or’’ before the word ‘‘leasing’’ and by changing the designation

‘‘T–47’’ to ‘‘OT–47B’’: Provided further, That the funds appropriated

by this paragraph shall be available for obligation for the same

time period and for the same purpose as the appropriation to

which transferred: Provided further, That the transfer authority
H. R. 4650—18

provided in this paragraph is in addition to any transfer authority

contained elsewhere in this Act.

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act

of 1978, as amended; $140,872,000, of which $139,872,000 shall

be for Operation and maintenance, of which not to exceed $400,000

is available for emergencies and extraordinary expenses to be

expended on the approval or authority of the Inspector General,

and payments may be made on his certificate of necessity for

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

available until September 30, 1997, shall be for Procurement.

TITLE VII

RELATED AGENCIES

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement

and Disability System Fund, to maintain proper funding level for

continuing the operation of the Central Intelligence Agency Retirement and Disability System; $198,000,000.

NATIONAL SECURITY EDUCATION TRUST FUND

For the purposes of title VIII of Public Law 102–183, $8,500,000

to be derived from the National Security Education Trust Fund,

to remain available until expended.

COMMUNITY MANAGEMENT ACCOUNT

For necessary expenses of the Community Management

Account; $92,684,000: Provided, That of the funds appropriated

in this paragraph, no more than $2,000,000 may be available for

the purchase of information system upgrades at the Department

of State Bureau of Intelligence and Research.

KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

ENVIRONMENTAL RESTORATION TRUST FUND

For payment to the Kaho’olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, as authorized

by law, $50,000,000 to remain available until expended.

TITLE VIII

GENERAL PROVISIONS

SEC. 8001. No part of any appropriation contained in this

Act shall be used for publicity or propaganda purposes not authorized by the Congress.

SEC. 8002. During the current fiscal year, provisions of law

prohibiting the payment of compensation to, or employment of,

any person not a citizen of the United States shall not apply

to personnel of the Department of Defense: Provided, That salary
H. R. 4650—19

increases granted to direct and indirect hire foreign national

employees of the Department of Defense funded by this Act shall

not be at a rate in excess of the percentage increase authorized

by law for civilian employees of the Department of Defense whose

pay is computed under the provisions of section 5332 of title 5,

United States Code, or at a rate in excess of the percentage increase

provided by the appropriate host nation to its own employees,

whichever is higher: Provided further, That this section shall not

apply to Department of Defense foreign service national employees

serving at United States diplomatic missions whose pay is set

by the Department of State under the Foreign Service Act of 1980:

Provided further, That the limitations of this provision shall not

apply to foreign national employees of the Department of Defense

in the Republic of Turkey.

SEC. 8003. No part of any appropriation contained in this

Act shall remain available for obligation beyond the current fiscal

year, unless expressly so provided herein.

SEC. 8004. No more than 20 per centum of the appropriations

in this Act which are limited for obligation during the current

fiscal year shall be obligated during the last two months of the

fiscal year: Provided, That this section shall not apply to obligations

for support of active duty training of reserve components or summer

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

National Board for the Promotion of Rifle Practice, Army.

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense

that such action is necessary in the national interest, he may,

with the approval of the Office of Management and Budget, transfer

not to exceed $2,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction)

between such appropriations or funds or any subdivision thereof,

to be merged with and to be available for the same purposes,

and for the same time period, as the appropriation or fund to

which transferred: Provided, That such authority to transfer may

not be used unless for higher priority items, based on unforeseen

military requirements, than those for which originally appropriated

and in no case where the item for which funds are requested

has been denied by Congress: Provided further, That the Secretary

of Defense shall notify the Congress promptly of all transfers made

pursuant to this authority or any other authority in this Act.

(TRANSFER OF FUNDS)

SEC. 8006. During the current fiscal year, cash balances in

working capital funds of the Department of Defense established

pursuant to section 2208 of title 10, United States Code, may

be maintained in only such amounts as are necessary at any time

for cash disbursements to be made from such funds: Provided,

That transfers may be made between such funds and the ‘‘Foreign

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

appropriation accounts in such amounts as may be determined

by the Secretary of Defense, with the approval of the Office of

Management and Budget, except that such transfers may not be

made unless the Secretary of Defense has notified the Congress

of the proposed transfer. Except in amounts equal to the amounts
H. R. 4650—20

appropriated to working capital funds in this Act, no obligations

may be made against a working capital fund to procure or increase

the value of war reserve material inventory, unless the Secretary

of Defense has notified the Congress prior to any such obligation.

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

Act, the Secretary of the Air Force, pursuant to a determination

under section 2690 of title 10, United States Code, may implement

cost-effective agreements for required heating facility modernization

in the Kaiserslautern Military Community in the Federal Republic

of Germany: Provided, That in the City of Kaiserslautern such

agreements will include the use of United States anthracite as

the base load energy for municipal district heat to the United

States Defense installations: Provided further, That at Landstuhl

Army Regional Medical Center and Ramstein Air Base, furnished

heat may be obtained from private, regional or municipal services,

if provisions are included for the consideration of United States

coal as an energy source.

SEC. 8008. Funds appropriated by this Act may not be used

to initiate a special access program without prior notification 30

calendar days in session in advance to the Committees on Appropriations and Armed Services of the Senate and House of Representatives.

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

for the Civilian Health and Medical Program of the Uniformed

Services shall be available for payments to physicians and other

authorized individual health care providers in excess of the amounts

allowed in fiscal year 1994 for similar services, except that: (a)

for services for which the Secretary of Defense determines an

increase is justified by economic circumstances, the allowable

amounts may be increased in accordance with appropriate economic

index data similar to that used pursuant to title XVIII of the

Social Security Act; and (b) for services the Secretary determines

are overpriced based on allowable payments under title XVIII of

the Social Security Act, the allowable amounts shall be reduced

by not more than 15 percent (except that the reduction may be

waived if the Secretary determines that it would impair adequate

access to health care services for beneficiaries). The Secretary shall

solicit public comment prior to promulgating regulations to implement this section. Such regulations shall include a limitation, similar to that used under title XVIII of the Social Security Act, on

the extent to which a provider may bill a beneficiary an actual

charge in excess of the allowable amount.

SEC. 8010. None of the funds provided in this Act shall be

available to initiate (1) a multiyear contract that employs economic

order quantity procurement in excess of $20,000,000 in any one

year of the contract or that includes an unfunded contingent liability

in excess of $20,000,000, or (2) a contract for advance procurement

leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless

the Committees on Appropriations and Armed Services of the Senate and House of Representatives have been notified at least thirty

days in advance of the proposed contract award: Provided, That

no part of any appropriation contained in this Act shall be available

to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of

the Government’s liability: Provided further, That no part of any

appropriation contained in this Act shall be available to initiate
H. R. 4650—21

multiyear procurement contracts for any systems or component

thereof if the value of the multiyear contract would exceed

$500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated

without 10-day prior notification to the Committees on Appropriations and Armed Services of the House of Representatives and

the Senate: Provided further, That the execution of multiyear

authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.

Funds appropriated in title III of this Act may be used for

multiyear procurement contracts as follows:

MK19–3 grenade machine guns;

M16A2 rifles;

M249 Squad Automatic Weapons;

M4 carbine rifles.

SEC. 8011. Within the funds appropriated for the operation

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,

for humanitarian and civic assistance costs under chapter 20 of

title 10, United States Code. Such funds may also be obligated

for humanitarian and civic assistance costs incidental to authorized

operations and pursuant to authority granted in section 401 of

chapter 20 of title 10, United States Code, and these obligations

shall be reported to Congress on September 30 of each year: Provided, That funds available for operation and maintenance shall

be available for providing humanitarian and similar assistance

by using Civic Action Teams in the Trust Territories of the Pacific

Islands and freely associated states of Micronesia, pursuant to

the Compact of Free Association as authorized by Public Law

99–239: Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for graduate

medical education programs conducted at Army medical facilities

located in Hawaii, the Secretary of the Army may authorize the

provision of medical services at such facilities and transportation

to such facilities, on a nonreimbursable basis, for civilian patients

from American Samoa, the Commonwealth of the Northern Mariana

Islands, the Marshall Islands, the Federated States of Micronesia,

Palau, and Guam.

SEC. 8012. Notwithstanding any other provision of law, a qualified Indian Tribal corporation or Alaska Native Corporation furnishing the product of a responsible small business concern shall not

be denied the opportunity to compete for and be awarded a procurement contract pursuant to section 2323 of title 10, United States

Code, solely because the Indian Tribal corporation or Alaska Native

Corporation is not the actual manufacturer or processor of the

product to be supplied under the contract.

SEC. 8013. (a) The provisions of section 115(a)(4) of title 10,

United States Code, shall not apply with respect to fiscal year

1995 or with respect to the appropriation of funds for that year.

(b) During fiscal year 1995, the civilian personnel of the Department of Defense may not be managed on the basis of any endstrength, and the management of such personnel during that fiscal

year shall not be subject to any constraint or limitation (known

as an end-strength) on the number of such personnel who may

be employed on the last day of such fiscal year.

(c) The fiscal year 1996 budget request for the Department

of Defense as well as all justification material and other documenta-
H. R. 4650—22

tion supporting the fiscal year 1996 Department of Defense budget

request shall be prepared and submitted to the Congress as if

subsections (a) and (b) of this provision were effective with regard

to fiscal year 1996.

SEC. 8013A. Notwithstanding any other provision of law, none

of the funds made available by this Act shall be used by the

Department of Defense to exceed, outside the fifty United States,

its territories, and the District of Columbia, 125,000 civilian

workyears: Provided, That workyears shall be applied as defined

in the Federal Personnel Manual: Provided further, That workyears

expended in dependent student hiring programs for disadvantaged

youths shall not be included in this workyear limitation.

SEC. 8014. None of the funds made available by this Act shall

be used in any way, directly or indirectly, to influence congressional

action on any legislation or appropriation matters pending before

the Congress.

SEC. 8015. None of the funds appropriated by this Act shall

be obligated for the pay of any individual who is initially employed

after the date of enactment of this Act as a technician in the

administration and training of the Army Reserve and the maintenance and repair of supplies issued to the Army Reserve unless

such individual is also a military member of the Army Reserve

troop program unit that he or she is employed to support. Those

technicians employed by the Army Reserve in areas other than

Army Reserve troop program units need only be members of the

Selected Reserve.

SEC. 8016. Notwithstanding any other provision of law, the

Secretaries of the Army and Air Force may authorize the retention

in an active status until age sixty of any person who would otherwise be removed from an active status and who is employed as

a National Guard or Reserve technician in a position in which

active status in a reserve component of the Army or Air Force

is required as a condition of that employment.

SEC. 8017. Notwithstanding any other provision of law, during

the current fiscal year and hereafter, proceeds from the investment

of the Fisher House Investment Trust Fund will be used to support

the operation and maintenance of Fisher Houses associated with

Army medical treatment facilities.

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

shall be used to make contributions to the Department of Defense

Education Benefits Fund pursuant to section 2006(g) of title 10,

United States Code, representing the normal cost for future benefits

under section 1415(c) of title 38, United States Code, for any member of the armed services who, on or after the date of enactment

of this Act—

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

duty of less than three years; or

(2) receives an enlistment bonus under section 308a or

308f of title 37, United States Code,

nor shall any amounts representing the normal cost of such future

benefits be transferred from the Fund by the Secretary of the

Treasury to the Secretary of Veterans Affairs pursuant to section

2006(d) of title 10, United States Code; nor shall the Secretary

of Veterans Affairs pay such benefits to any such member: Provided,

That, in the case of a member covered by clause (1), these limitations shall not apply to members in combat arms skills or to

members who enlist in the armed services on or after July 1,
H. R. 4650—23

1989, under a program continued or established by the Secretary

of Defense in fiscal year 1991 to test the cost-effective use of

special recruiting incentives involving not more than nineteen

noncombat arms skills approved in advance by the Secretary of

Defense: Provided further, That this subsection applies only to

active components of the Army.

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

for the basic pay and allowances of any member of the Army

participating as a full-time student and receiving benefits paid

by the Secretary of Veterans Affairs from the Department of Defense

Education Benefits Fund when time spent as a full-time student

is credited toward completion of a service commitment: Provided,

That this subsection shall not apply to those members who have

reenlisted with this option prior to October 1, 1987: Provided further, That this subsection applies only to active components of

the Army.

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

for the payment of not more than 75 percent of the charges of

a postsecondary educational institution for the tuition or expenses

of an officer in the Ready Reserve of the Army National Guard

or Army Reserve for education or training during his off-duty periods, except that no part of the charges may be paid unless the

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

least four years after completion of such training or education.

SEC. 8020. None of the funds appropriated by this Act shall

be available to convert to contractor performance an activity or

function of the Department of Defense that, on or after the date

of enactment of this Act, is performed by more than ten Department

of Defense civilian employees until a most efficient and cost-effective

organization analysis is completed on such activity or function

and certification of the analysis is made to the Committees on

Appropriations of the House of Representatives and the Senate:

Provided, That this section shall not apply to a commercial or industrial type function of the Department of Defense that: (1)

is included on the procurement list established pursuant to section

2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred

to as the Javits-Wagner-O’Day Act; (2) is planned to be converted

to performance by a qualified nonprofit agency for the blind or

by a qualified nonprofit agency for other severely handicapped

individuals in accordance with that Act; or (3) is planned to be

converted to performance by a qualified firm under 51 percent

Native American ownership.

SEC. 8021. All new Department of Defense procurements shall

separately identify software costs in the work breakdown structure

defined by MIL–STD–881 in those instances where software is

considered to be a major category of cost.

SEC. 8021A. Funds appropriated in title III of this Act for

the Department of Defense Pilot Mentor-Protege Program may be

transferred to any other appropriation contained in this Act solely

for the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the

National Defense Authorization Act for Fiscal Year 1991 (Public

Law 101–510; 10 U.S.C. 2301 note), as amended, under the authority of this provision or any other transfer authority contained in

this Act.

SEC. 8022. Notwithstanding any other provision of law, the

Secretary of the Navy may use funds appropriated to charter ships
H. R. 4650—24

to be used as auxiliary minesweepers providing that the owner

agrees that these ships may be activated as Navy Reserve ships

with Navy Reserve crews used in training exercises conducted in

accordance with law and policies governing Naval Reserve forces.

SEC. 8023. Funds appropriated or made available in this Act

shall be obligated and expended to continue to fully utilize the

facilities at the United States Army Engineer’s Waterways Experiment Station, including the continued availability of the

supercomputer capability: Provided, That none of the funds in this

Act may be used to purchase any supercomputer which is not

manufactured in the United States, unless the Secretary of Defense

certifies to the Armed Services and Appropriations Committees

of Congress that such an acquisition must be made in order to

acquire capability for national security purposes that is not available from United States manufacturers.

SEC. 8024. For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177) as amended

by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100–119) and by the Budget Enforcement Act of 1990 (Public Law 101–508), the term program, project,

and activity for appropriations contained in this Act shall be defined

as the most specific level of budget items identified in the Department of Defense Appropriations Act, 1995, the accompanying House

and Senate Committee reports, the conference report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes and reports, and

the P–1 and R–1 budget justification documents as subsequently

modified by Congressional action: Provided, That the following

exception to the above definition shall apply:

For the Military Personnel and the Operation and Maintenance

accounts, the term ‘‘program, project, and activity’’ is defined as

the appropriations accounts contained in the Department of Defense

Appropriations Act: Provided further, That at the time the President

submits his budget for fiscal year 1996, the Department of Defense

shall transmit to the Committees on Appropriations and the

Committees on Armed Services of the Senate and the House of

Representatives a budget justification document to be known as

the ‘‘O–1’’ which shall identify, at the budget activity, activity

group, and subactivity group level, the amounts requested by the

President to be appropriated to the Department of Defense for

operation and maintenance in any budget request, or amended

budget request, for fiscal year 1996.

SEC. 8025. Of the funds appropriated to the Army, $203,736,000

shall be available only for the Reserve Component Automation

System (RCAS): Provided, That none of these funds can be

expended—

(1) except as approved by the Chief of the National Guard

Bureau;

(2) unless RCAS resource management functions are performed by the National Guard Bureau;

(3) to pay the salary of an RCAS program manager who

has not been selected and approved by the Chief of the National

Guard Bureau and chartered by the Chief of the National

Guard Bureau and the Secretary of the Army;

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

PM accountable to the Chief of the National Guard Bureau
H. R. 4650—25

and fully defines his authority, responsibility, reporting channels and organizational structure;

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

program management office unless such organization is comprised of personnel chosen jointly by the Chiefs of the National

Guard Bureau and the Army Reserve;

(6) to pay contracted costs for the acquisition of RCAS

unless RCAS is an integrated system consisting of software,

hardware, and communications equipment and unless such contract continues to preclude the use of Government furnished

equipment, operating systems, and executive applications software; and

(7) unless RCAS performs its own classified information

processing:

Provided further, That notwithstanding any other provision of law,

none of the funds appropriated shall be available for procurement

of computers for the Army Reserve Component which are used

to network or expand the capabilities of existing or future information systems or duplicate functions to be provided under the RCAS

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

at sites scheduled to receive RCAS equipment prior to September

30, 1995, RCAS ADP equipment may be procured and only in

the numbers and types allocated by the RCAS program to each

site; and at sites scheduled to receive RCAS equipment after

September 30, 1995, RCAS ADP equipment or ADP equipment

from a list of RCAS compatible equipment approved by the Chief

of the National Guard Bureau or his designee, may be procured

and only in the numbers and types allocated by the RCAS program

to each site; (B) the requesting organizational element has insufficient ADP equipment to perform administrative functions but not

to exceed the number of work stations determined by the RCAS

program for that site; (C) replacement equipment will not exceed

the minimum required to maintain the reliability of existing

capabilities; (D) replacement will be justified on the basis of cost

and feasibility of repairs and maintenance of present ADP equipment as compared to the cost of replacement; and (E) the procurement under this policy must be approved by the Chief of the

National Guard Bureau or his designee, provided that the procurement is a one for one replacement action of existing equipment.

SEC. 8025A. Of the funds made available by this Act in title

III, Procurement, $8,000,000, drawn pro rata from each appropriations account in title III, shall be available for incentive payments

authorized by section 504 of the Indian Financing Act of 1974,

25 U.S.C. 1544. These payments shall be available only to contractors which have submitted subcontracting plans pursuant to 15

U.S.C. 637(d), and according to regulations which shall be promulgated by the Secretary of Defense within 90 days of the passage

of this Act.

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

for the purchase by the Department of Defense (and its departments

and agencies) of welded shipboard anchor and mooring chain 4

inches in diameter and under unless the anchor and mooring chain

are manufactured in the United States from components which

are substantially manufactured in the United States: Provided,

That for the purpose of this section manufactured will include

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

(including the forging and shot blasting process): Provided further,
H. R. 4650—26

That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost

of the components produced or manufactured in the United States

exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of

Defense requirements on a timely basis, the Secretary of the service

responsible for the procurement may waive this restriction on a

case-by-case basis by certifying in writing to the Committees on

Appropriations that such an acquisition must be made in order

to acquire capability for national security purposes.

SEC. 8026A. During the current fiscal year, none of the funds

available to the Department of Defense may be used to procure

or acquire (1) defensive handguns or defensive handgun ammunition

unless such handguns or handgun ammunition are the M9 9mm

Department of Defense standard handgun or ammunition for such

handguns, or (2) offensive handguns and ammunition except for

the Special Operations Forces: Provided, That the foregoing shall

not apply to handguns and ammunition for marksmanship competitions.

(TRANSFER OF FUNDS)

SEC. 8027. Notwithstanding any other provision of law, the

Department of Defense may transfer prior year, unobligated balances and funds appropriated in this Act to the operation and

maintenance appropriations for the purpose of providing military

technician and Department of Defense medical personnel pay and

medical programs (including CHAMPUS) the same exemption from

sequestration set forth in the Balanced Budget and Emergency

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

the Balanced Budget and Emergency Deficit Control Reaffirmation

Act of 1987 (Public Law 100–119) and by the Budget Enforcement

Act of 1990 (Public Law 101–508) as that granted the other military

personnel accounts: Provided, That any transfer made pursuant

to any use of the authority provided by this provision shall be

limited so that the amounts reprogrammed to the operation and

maintenance appropriations do not exceed the amounts sequestered

under the Balanced Budget and Emergency Deficit Control Act

of 1985 (Public Law 99–177) as amended by the Balanced Budget

and Emergency Deficit Control Reaffirmation Act of 1987 (Public

Law 100–119) and by the Budget Enforcement Act of 1990 (Public

Law 101–508): Provided further, That the authority to make transfers pursuant to this section is in addition to the authority to

make transfers under other provisions of this Act: Provided further,

That the Secretary of Defense may proceed with such transfer

after notifying the Appropriations Committees of the House of Representatives and the Senate twenty calendar days in session before

any such transfer of funds under this provision.

SEC. 8028. None of the funds available to the Department

of the Navy may be used to enter into any contract for the overhaul,

repair, or maintenance of any naval vessel homeported on the

West Coast of the United States which includes charges for interport

differential as an evaluation factor for award.

SEC. 8029. None of the funds appropriated by this Act available

for the Civilian Health and Medical Program of the Uniformed

Services (CHAMPUS) shall be available for the reimbursement
H. R. 4650—27

of any health care provider for inpatient mental health service

for care received when a patient is referred to a provider of inpatient

mental health care or residential treatment care by a medical

or health care professional having an economic interest in the

facility to which the patient is referred: Provided, That this limitation does not apply in the case of inpatient mental health services

provided under the program for the handicapped under subsection

(d) of section 1079 of title 10, United States Code, provided as

partial hospital care, or provided pursuant to a waiver authorized

by the Secretary of Defense because of medical or psychological

circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant

to rules prescribed by the Secretary, which takes into account

the appropriate level of care for the patient, the intensity of services

required by the patient, and the availability of that care.

SEC. 8030. Notwithstanding any other provision of law, none

of the funds appropriated in this Act may be used to purchase,

install, replace, or otherwise repair any lock on a safe or security

container which protects information critical to national security

or any other classified materials and which has not been certified

as passing the security lock specifications contained in regulation

FF–L–2740 dated October 12, 1989, and has not passed all testing

criteria and procedures established through February 28, 1992:

Provided, That the Director of Central Intelligence may waive this

provision, on a case-by-case basis only, upon certification that the

above cited locks are not adequate for the protection of sensitive

intelligence information.

SEC. 8031. Funds available in this Act may be used to provide

transportation for the next-of-kin of individuals who have been

prisoners of war or missing in action from the Vietnam era to

an annual meeting in the United States, under such regulations

as the Secretary of Defense may prescribe.

SEC. 8032. Notwithstanding any other provision of law, funds

available to the Department of Defense shall be made available

to provide transportation of medical supplies and equipment, on

a nonreimbursable basis, to American Samoa: Provided, That notwithstanding any other provision of law, funds available to the

Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable

basis, to the Indian Health Service when it is in conjunction with

a civil-military project.

SEC. 8033. Notwithstanding any other provision of law, during

the current fiscal year, the Secretary of Defense may, by Executive

Agreement, establish with host nation governments in NATO member states a separate account into which such residual value

amounts negotiated in the return of United States military installations in NATO member states may be deposited, in the currency

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

United States Treasury: Provided, That such credits may be utilized

only for the construction of facilities to support United States military forces in that host nation, or such real property maintenance

and base operating costs that are currently executed through monetary transfers to such host nations: Provided further, That the

Department of Defense’s budget submission for fiscal year 1996

shall identify such sums anticipated in residual value settlements,

and identify such construction, real property maintenance or base

operating costs that shall be funded by the host nation through
H. R. 4650—28

such credits: Provided further, That all military construction

projects to be executed from such accounts must be previously

approved in a prior Act of Congress: Provided further, That each

such Executive Agreement with a NATO member host nation shall

be reported to the Committees on Appropriations and Armed Services of the House of Representatives and the Senate thirty days

prior to the conclusion and endorsement of any such agreement

established under this provision.

SEC. 8034. None of the funds available to the Department

of Defense in this Act shall be used to demilitarize or dispose

of more than 310,784 unserviceable M1 Garand rifles and M1

Carbines.

SEC. 8035. Notwithstanding any other provision of law, none

of the funds appropriated by this Act shall be available to pay

more than 50 percent of an amount paid to any person under

section 308 of title 37, United States Code, in a lump sum.

SEC. 8036. None of the funds appropriated by this Act may

be used by the Department of Defense to assign a supervisor’s

title or grade when the number of people he or she supervises

is considered as a basis for this determination: Provided, That

savings that result from this provision are represented as such

in future budget proposals.

SEC. 8037. Of the funds appropriated by this Act, no more

than $18,500,000 shall be available for the mental health care

demonstration project at Fort Bragg, North Carolina: Provided,

That adjustments may be made for normal and reasonable price

and program growth.

SEC. 8038. None of the funds appropriated by this Act shall

be available for payments under the Department of Defense contract

with the Louisiana State University Medical Center involving the

use of cats for Brain Missile Wound Research, and the Department

of Defense shall not make payments under such contract from

funds obligated prior to the date of the enactment of this Act,

except as necessary for costs incurred by the contractor prior to

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

care of animals covered by this contract are allowed.

SEC. 8039. None of the funds provided in this Act or any

other Act shall be available to conduct bone trauma research at

any Army Research Laboratory until the Secretary of the Army

certifies that the synthetic compound to be used in the experiments

is of such a type that its use will result in a significant medical

finding, the research has military application, the research will

be conducted in accordance with the standards set by an animal

care and use committee, and the research does not duplicate

research already conducted by a manufacturer or any other research

organization.

SEC. 8040. The Secretary of Defense shall include in any base

closure and realignment plan submitted to Congress after the date

of enactment of this Act, a complete review for the five-year period

beginning on October 1, 1994, which shall include expected force

structure and levels for such period, expected installation requirements for such period, a budget plan for such period, the cost

savings expected to be realized through realignments and closures

of military installations during such period, an economics model

to identify the critical local economic sectors affected by proposed

closures and realignments of military installations and an assess-
H. R. 4650—29

ment of the economic impact in each area in which a military

installation is to be realigned or closed.

SEC. 8041. No more than $50,000 of the funds appropriated

or made available in this Act shall be used for any single relocation

of an organization, unit, activity or function of the Department

of Defense into or within the National Capital Region: Provided,

That the Secretary of Defense may waive this restriction on a

case-by-case basis by certifying in writing to the Committees on

Appropriations of the House of Representatives and Senate that

such a relocation is required in the best interest of the Government:

Provided further, That no funds appropriated or made available

in this Act shall be used for the relocation into the National Capital

Region of the Air Force Office of Medical Support located at Brooks

Air Force Base.

SEC. 8041A. Notwithstanding any other provision of law, each

contract awarded by the Department of Defense in fiscal year

1995 for construction or service performed in whole or in part

in a State which is not contiguous with another State and has

an unemployment rate in excess of the national average rate of

unemployment as determined by the Secretary of Labor shall

include a provision requiring the contractor to employ, for the

purpose of performing that portion of the contract in such State

that is not contiguous with another State, individuals who are

residents of such State and who, in the case of any craft or trade,

possess or would be able to acquire promptly the necessary skills:

Provided, That the Secretary of Defense may waive the requirements of this section in the interest of national security.

SEC. 8042. During the current fiscal year, funds appropriated

or otherwise available for any Federal agency, the Congress, the

judicial branch, or the District of Columbia may be used for the

pay, allowances, and benefits of an employee as defined by section

2105 of title 5 or an individual employed by the government of

the District of Columbia, permanent or temporary indefinite, who—

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

Forces, as described in section 261 of title 10, or the National

Guard, as described in section 101 of title 32;

(2) performs, for the purpose of providing military aid

to enforce the law or providing assistance to civil authorities

in the protection or saving of life or property or prevention

of injury—

(A) Federal service under section 331, 332, 333, 3500,

or 8500 of title 10, or other provision of law, as applicable,

or

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

of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; and

(3) requests and is granted—

(A) leave under the authority of this section; or

(B) annual leave, which may be granted without regard

to the provisions of sections 5519 and 6323(b) of title 5,

if such employee is otherwise entitled to such annual leave:

Provided, That any employee who requests leave under subsection

(3)(A) for service described in subsection (2) of this section is entitled

to such leave, subject to the provisions of this section and of the

last sentence of section 6323(b) of title 5, and such leave shall

be considered leave under section 6323(b) of title 5.
H. R. 4650—30

SEC. 8043. None of the funds appropriated by this Act shall

be available to perform any cost study pursuant to the provisions

of OMB Circular A–76 if the study being performed exceeds a

period of twenty-four months after initiation of such study with

respect to a single function activity or forty-eight months after

initiation of such study for a multi-function activity.

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

Forces Information Service shall not be used for any national or

international political or psychological activities.

SEC. 8045. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian

employees hired for certain health care occupations as authorized

for the Secretary of Veterans Affairs by section 7455 of title 38,

United States Code.

SEC. 8046. Of the funds made available in this Act, not less

than $24,565,000 shall be available for the Civil Air Patrol, of

which $13,105,000 shall be available for Operation and Maintenance.

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

in this Act shall be used to reduce or disestablish the operation

of the 53rd Weather Reconnaissance Squadron of the Air Force

Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act.

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

or services appropriated by this Act, qualified nonprofit agencies

for the blind or other severely handicapped shall be afforded the

maximum practicable opportunity to participate as subcontractors

and suppliers in the performance of contracts let by the Department

of Defense.

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

has negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns

pursuant to section 8(d) of the Small Business Act (15 U.S.C.

637(d)) shall be given credit toward meeting that subcontracting

goal for any purchases made from qualified nonprofit agencies for

the blind or other severely handicapped. (c) For the purpose of this section, the phrase ‘‘qualified nonprofit agency for the blind or other severely handicapped’’ means

a nonprofit agency for the blind or other severely handicapped

that has been approved by the Committee for the Purchase from

the Blind and Other Severely Handicapped under the Javits-Wagner-O’Day Act (41 U.S.C. 46–48).

SEC. 8049. During the current fiscal year, net receipts pursuant

to collections from third party payers pursuant to section 1095

of title 10, United States Code, shall be made available to the

local facility of the uniformed services responsible for the collections

and shall be over and above the facility’s direct budget amount.

SEC. 8050. Notwithstanding any other provision of law or regulation, ships designated T–AGS 63, T–AGS 64 and T–AGS 65 must

utilize remanufactured milspec SASS multibeam sonars: Provided,

That the Secretary of the Navy may waive this restriction by

certifying in writing to the Committees on Appropriations that

an alternative acquisition must be made in order to acquire capability for national security purposes.

SEC. 8050A. None of the funds available to the Department

of Defense during fiscal year 1995 may be obligated for low rate

initial production of the ALR–67(V)3 Advanced Special Receiver
H. R. 4650—31

(ASR) until 30 days after the congressional defense committees

have received the following:

(1) A certification by the Director, Operational Test and

Evaluation, Defense, that, based on the results of the joint

Developmental Test/Operational Test flight tests and of the

Operational Assessment intended to address the readiness of

the ASR for low rate initial production, ASR is potentially

operationally effective and potentially operationally suitable

and ready to enter low rate initial production;

(2) A comprehensive report by the Commander, Navy Operational Test and Evaluation Force as to the test objectives

and results of the joint Developmental Test/Operational Test

flight tests and of the Operational Assessment intended to

address the readiness of the ASR for low rate initial production;

(3) A comprehensive report by the Assistant Secretary of

the Navy (Research, Development and Acquisition) as to the

test objectives and results of the Developmental Flight Tests

and Technical Evaluation, along with her certification that,

based on these results, the ASR is ready to enter low rate

initial production.

SEC. 8051. Section 8060 of the Department of Defense Appropriations Act, 1994 (Public Law 103–139) is hereby repealed, which

contained authority for acquisition of LANDSAT 7.

SEC. 8052. Notwithstanding any other provision of law, of the

funds appropriated for the Defense Health Program during this

fiscal year and hereafter, the amount payable for services provided

under this section shall not be less than the amount calculated

under the coordination of benefits reimbursement formula utilized

when CHAMPUS is a secondary payor to medical insurance programs other than Medicare, and such appropriations as necessary

shall be available (notwithstanding the last sentence of section

1086(c) of title 10, United States Code) to continue Civilian Health

and Medical Program of the Uniformed Services (CHAMPUS) benefits, until age 65, under such section for a former member of

a uniformed service who is entitled to retired or retainer pay

or equivalent pay, or a dependent of such a member, or any other

beneficiary described by section 1086(c) of title 10, United States

Code, who becomes eligible for hospital insurance benefits under

part A of title XVIII of the Social Security Act (42 U.S.C. 1395

et seq.) solely on the grounds of physical disability, or end stage

renal disease: Provided, That expenses under this section shall

only be covered to the extent that such expenses are not covered

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

and are otherwise covered under CHAMPUS: Provided further,

That no reimbursement shall be made for services provided prior

to October 1, 1991.

SEC. 8053. During the current fiscal year, the Department

of Defense is authorized to incur obligations of not to exceed

$250,000,000 for purposes specified in section 2350j(c) of title 10,

United States Code, in anticipation of receipt of contributions, only

from the Government of Kuwait, under that section: Provided,

That, upon receipt, such contributions from the Government of

Kuwait shall be credited to the appropriation or fund which incurred

such obligations.

SEC. 8054. (a) Funds appropriated in this Act to finance activities of Department of Defense (DoD) Federally Funded Research

and Development Centers (FFRDCs) may not be obligated or
H. R. 4650—32

expended for a FFRDC if a member of its Board of Directors

or Trustees simultaneously serves on the Board of Directors or

Trustees of a profit-making company under contract to the Department of Defense unless the FFRDC has a DoD approved conflict

of interest policy for its members.

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

to establish a new FFRDC, either as a new entity, or as a separate

entity administered by an organization managing another FFRDC,

or as a nonprofit membership corporation consisting of a consortium

of other FFRDCs and other nonprofit entities.

(c) The Secretary of Defense may not obligate more than onehalf of the funds available for each defense FFRDC, and more

than one-half of the total amount available for defense FFRDCs,

until the congressional defense committees receive the annual funding ceilings for fiscal year 1995 for each defense FFRDC and each

subcomponent of a defense FFRDC identified as a separate subentity due to the significantly unique nature of its functions.

(d) LIMITATION ON COMPENSATION.—No employee or executive

officer of a defense FFRDC may be compensated at a rate exceeding

Executive Schedule Level I by that FFRDC: Provided, That the

restriction contained in this subsection shall not take effect until

July 1, 1995.

(e) LIMITATION ON COMPENSATION.—No member of a Board

of Directors, Trustees, Overseers, Advisory Group, Special Issues

Panel, Visiting Committee, or any similar entity of a defense

FFRDC may be compensated for his or her services as a member

of such entity except under the same conditions, and to the same

extent, as members of the Defense Science Board: Provided, That

a member of any such entity shall be allowed travel expenses

and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties:

Provided further, That the restriction contained in this subsection

shall not take effect until July 1, 1995. (f) Notwithstanding any other provision of law, none of the

funds available to the Department of Defense from any source

during fiscal year 1995 may be used by a defense FFRDC, through

a fee or other payment mechanism, for charitable contributions,

for construction of new buildings, for payment of cost sharing for

projects funded by government grants, or for absorption of contract

overruns.

(g) Notwithstanding any other provision of law, of the amounts

available to the Department of Defense during fiscal year 1995,

not more than $1,252,650,000 may be obligated for financing activities of FFRDCs: Provided, That the total amount appropriated

in title IV of this Act is hereby reduced by $100,000,000 to reflect

the funding ceiling contained in this subsection.

(h) The total amount appropriated to or for the use of the

Department of Defense in title IV of this Act is reduced by an

additional $251,534,000 to reflect savings from the decreased use

of non-FFRDC consulting services by the Department of Defense.

(i) The total amount appropriated to or for the use of the

Department of Defense in title IV of this Act is reduced by an

additional $19,055,000 to reflect savings from the decreased use

of major nonprofit federally funded research institutions and university-affiliated research centers by the Department of Defense.

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

in this Act shall be used to procure carbon, alloy or armor steel
H. R. 4650—33

plate for use in any Government-owned facility or property under

the control of the Department of Defense which were not melted

and rolled in the United States or Canada: Provided, That these

procurement restrictions shall apply to any and all Federal Supply

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

or American Iron and Steel Institute (AISI) specifications of carbon,

alloy or armor steel plate: Provided further, That the Secretary

of the military department responsible for the procurement may

waive this restriction on a case-by-case basis by certifying in writing

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely

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

acquire capability for national security purposes: Provided further,

That these restrictions shall not apply to contracts which are in

being as of the date of enactment of this Act.

SEC. 8055A. None of the unobligated balances available in

the National Defense Stockpile Transaction Fund during the current

fiscal year may be obligated or expended to finance any grant

or contract to conduct research, development, test and evaluation

activities for the development or production of advanced materials,

unless amounts for such purposes are specifically appropriated in

a subsequent appropriations Act.

SEC. 8056. For the purposes of this Act, the term ‘‘congressional

defense committees’’ means the Committees on Armed Services,

the Committees on Appropriations, and the subcommittees on

Defense of the Committee on Appropriations, of the Senate and

the House of Representatives.

SEC. 8057. Notwithstanding any other provision of law, during

the current fiscal year, the Department of Defense may acquire

the modification, depot maintenance and repair of aircraft, vehicles

and vessels as well as the production of components and other

Defense-related articles, through competition between Department

of Defense depot maintenance activities and private firms: Provided,

That the Senior Acquisition Executive of the military department

or defense agency concerned, with power of delegation, shall certify

that successful bids include comparable estimates of all direct and

indirect costs for both public and private bids: Provided further,

That Office of Management and Budget Circular A–76 shall not

apply to competitions conducted under this section.

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

with the United States Trade Representative, determines that a

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating

against certain types of products produced in the United States

that are covered by the agreement, the Secretary of Defense shall

rescind the Secretary’s blanket waiver of the Buy American Act

with respect to such types of products produced in that foreign

country.

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

defense procurement memorandum of understanding, between the

United States and a foreign country pursuant to which the Secretary

of Defense has prospectively waived the Buy American Act for

certain products in that country.

(b) The Secretary of Defense shall submit to Congress a report

on the amount of Department of Defense purchases from foreign

entities in fiscal year 1995. Such report shall separately indicate
H. R. 4650—34

the dollar value of items for which the Buy American Act was

waived pursuant to any agreement described in subsection (a)(2),

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

any international agreement to which the United States is a party.

(c) For purposes of this section, the term ‘‘Buy American Act’’

means title III of the Act entitled ‘‘An Act making appropriations

for the Treasury and Post Office Departments for the fiscal year

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

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

SEC. 8058A. None of the funds appropriated by this Act shall

be used for the support of any nonappropriated funds activity

of the Department of Defense that procures malt beverages and

wine with nonappropriated funds for resale (including such alcoholic

beverages sold by the drink) on a military installation located

in the United States unless such malt beverages and wine are

procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a case in which the military

installation is located in more than one State, purchases may be

made in any State in which the installation is located: Provided

further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for

military installations in States which are not contiguous with

another State: Provided further, That alcoholic beverages other

than wine and malt beverages, in contiguous States and the District

of Columbia shall be procured from the most competitive source,

price and other factors considered.

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

title II, Operation and Maintenance, Army, $1,000,000 shall be

available only to execute the cleanup of uncontrolled hazardous

waste contamination affecting the Sale Parcel at Hamilton Air

Force Base, in Novato, in the State of California.

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

that the purchaser of the Sale Parcel exercises its option to withdraw from all or a portion of the sale, as provided in the Agreement

and Modification, dated September 25, 1990, between the Department of Defense, the General Services Administration, and the

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

be returned by the General Services Administration and funds

eligible for reimbursement under the Agreement and Modification,

as amended, shall come from the funds made available to the

Department of Defense by this Act. (c) In the event that the purchaser purchases only a portion

of the Sale Parcel and exercises its option to withdraw from the

sale as to the rest of the Sale Parcel, the portion of the Sale

Parcel that is not purchased (other than Landfill 26 and an appropriate buffer area around it and the groundwater treatment facility

site), together with any of the land referred to in section 9099(e)

of Public Law 102–396 that is not purchased by the purchaser,

shall be sold to the City of Novato, in the State of California,

for the sum of One Dollar as a public benefit transfer for school,

classroom or other educational use, for use as a public park or

recreation area or for further conveyance as provided herein, subject

to the following restrictions: (1) if the City sells any portion of

such land to any third party within ten years after the transfer

to the City, which sale may be made without the foregoing use

restrictions, any proceeds received by the City in connection with
H. R. 4650—35

such sale, minus the demonstrated reasonable costs of conducting

the sale and of any improvements made by the City to the land

following its acquisition of the land (but only to the extent such

improvements increase the value of the portion sold), shall be

immediately turned over to the Army in reimbursement of the

withdrawal payment made by the Army to the contract purchaser

and the costs of cleaning up the Landfill and (2) until one year

following completion of the cleanup of contaminated soil in the

Landfill and completion of the groundwater treatment facilities,

the sale must be at a per-acre price for the portion sold that

is at least equal to the per-acre contract price paid by the purchaser

for the portion of the Sale Parcel purchased under the Agreement

and Modification, as amended, and thereafter must be at a price

at least equal to the fair market value of the portion sold. The

foregoing restrictions shall not apply to a transfer to another public

or quasi-public agency for public uses of the kind described above.

The deed to the City shall contain a clause providing that, if

any of the proceeds referred to in clause (1) are not delivered

to the Army within 30 days after sale, or any portion of the

land not sold as provided herein is used for other than educational,

park or recreational uses, title to the applicable portion of such

land shall revert to the United States Government at the election

of the General Services Administration. The Army shall agree to

deliver into the applicable closing escrow an acknowledgement of

receipt of any proceeds described in clause (1) above and a release

of the reverter right as to the affected land, effective upon such

receipt.

(d) Notwithstanding any other provision of law, the Air Force

shall be reimbursed for expenditures in excess of $15,000,000 in

connection with the total clean-up of uncontrolled hazardous waste

contamination on the aforementioned Sale Parcel from the proceeds

collected upon the closing of any portion of the Sale Parcel purchased by the contract purchaser under the Agreement and Modification, as amended.

(e) Notwithstanding any other provision of law, the purchaser’s

reimbursement claims shall be audited by the Defense Contract

Audit Agency for reasonableness and accuracy before the Department of Defense provides any funds under the purchaser’s withdrawal and reimbursement rights.

SEC. 8060. Notwithstanding any other provision of law, the

Secretary of Defense may, when he considers it in the best interest

of the United States, cancel any part of an indebtedness, up to

$2,500, that is or was owed to the United States by a member

or former member of a uniformed service if such indebtedness,

as determined by the Secretary, was incurred in connection with

Operation Desert Shield/Storm: Provided, That the amount of an

indebtedness previously paid by a member or former member and

cancelled under this section shall be refunded to the member.

SEC. 8061. Appropriations contained in this Act that remain

available at the end of the current fiscal year as a result of energy

cost savings realized by the Department of Defense shall remain

available for obligation for the next fiscal year to the extent, and

for the purposes, provided in section 2865 of title 10, United States

Code.

SEC. 8062. During the current fiscal year, voluntary separation

incentives payable under 10 U.S.C. 1175 may be paid in such
H. R. 4650—36

amounts as are necessary from the assets of the Voluntary Separation Incentive Fund established by section 1175(h)(1).

(INCLUDING TRANSFER OF FUNDS)

SEC. 8063. Amounts deposited during fiscal years 1994 and 1995 to the special account established under 40 U.S.C. 485(h)(2)

and to the special account established under 10 U.S.C. 2667(d)(1)

are appropriated and shall be available until transferred by the

Secretary of Defense to current applicable appropriations or funds

of the Department of Defense under the terms and conditions

specified by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

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

time period and the same purposes as the appropriation to which

transferred.

SEC. 8064. In order to maintain an electric furnace capacity in the United States, preference for the purchase of chromite ore

and manganese ore authorized for disposal from the National

Defense Stockpile shall be given to domestic producers of high

carbon ferrochromium and high carbon ferromanganese— (A) whose primary output during the three preceding years has been ferrochromium or ferromanganese; and (B) who guarantee to use the chromite and manganese ore for domestic purposes.

SEC. 8064A. Notwithstanding any other provision of law, any statutorily-required analysis of the impact on the defense technology

and industrial base of terminations and significant reductions of

major research and development programs and procurement programs of the Department of Defense shall address only those actions

recommended by the Defense Department in its annual budget

request and amendments thereto, supplemental requests, or proposed rescissions.

SEC. 8065. None of the funds in this or any other Act shall be available for the preparation of studies on— (a) the feasibility of removal and transportation of unitary chemical weapons from the eight chemical storage sites within

the continental United States: Provided, That this prohibition

shall not apply to non-stockpile material in the United States

or to studies needed for environmental analysis required by

the National Environmental Policy Act, or for General Accounting Office studies requested by a Member of Congress or a

Congressional Committee; and (b) the potential future uses of the nine chemical disposal

facilities other than for the destruction of stockpile chemical

munitions and as limited by section 1412(c)(2), Public Law

99–145: Provided, That this prohibition does not apply to future use studies for the CAMDS facility at Tooele, Utah.

SEC. 8066. During the current fiscal year, appropriations avail- able to the Department of Defense may be used to reimburse

a member of a reserve component of the Armed Forces who is

not otherwise entitled to travel and transportation allowances and

who occupies transient government housing while performing active

duty for training or inactive duty training: Provided, That such

members may be provided lodging in kind if transient government

quarters are unavailable as if the member was entitled to such

allowances under subsection (a) of section 404 of title 37, United

States Code: Provided further, That if lodging in kind is provided,

any authorized service charge or cost of such lodging may be paid
H. R. 4650—37

directly from funds appropriated for operation and maintenance

of the reserve component of the member concerned.

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

to fund the Uniformed Services Treatment Facilities program, operated pursuant to section 911 of Public Law 97–99 (42 U.S.C. 248c),

is limited to $329,000,000, of which not more than $300,000,000

may be provided by the funds appropriated by this Act.

SEC. 8068. None of the funds available in this Act may be

used to support in any manner, including travel or other related

expenses, the ‘‘Tailhook Association’’: Provided, That investigations

by the Secretary of the Navy or consultation with the Tailhook

Association are not prohibited by this provision.

SEC. 8069. The President shall include with each budget for

a fiscal year submitted to the Congress under section 1105 of

title 31, United States Code, materials that shall identify clearly

and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to administrative activities of the Department of Defense, the military

departments, and the Defense Agencies.

SEC. 8070. None of the funds available to the Department

of Defense may be obligated or expended for construction of Ground

Wave Emergency Network (GWEN) sites in Fiscal Year 1995.

SEC. 8071. Notwithstanding any other provision of law, the

Naval shipyards of the United States shall be eligible to participate

in any manufacturing extension program financed by funds appropriated in this or any other Act.

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

in the Department of Defense Overseas Military Facility Investment

Recovery Account established by section 2921(c)(1) of the National

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.

2687 note) shall be available until expended for the payments

specified by section 2921(c)(2) of that Act.

SEC. 8073. During the current fiscal year, annual payments

granted under the provisions of section 4416 of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102–428; 106

Stat. 2714) shall be made from appropriations in this Act which

are available for the pay of reserve component personnel.

SEC. 8074. Of the funds appropriated or otherwise made available by this Act, not more than $119,200,000 shall be available

for payment of the operating costs of NATO Headquarters.

SEC. 8075. None of the funds appropriated by this Act shall

be used to procure aircraft fuel cells unless the fuel cells are

produced or manufactured in the United States by a domesticoperated entity: Provided, That the Secretary of the military department responsible for the procurement may waive this restriction

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

on Appropriations of the House of Representatives and the Senate

that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such

an acquisition must be made in order to acquire capability for

national security purposes.

SEC. 8075A. None of the funds available to the Department

of the Air Force shall be available to establish or support any

organic depot maintenance support activity for the B–2 bomber

until the Under Secretary of Defense, Acquisition and Technology

reviews the existing infrastructure for the private sector and Air

Force Depot support and maintenance of the B–2 and reports to
H. R. 4650—38

the Congressional Defense Committees the most efficient and cost

effective utilization of public and private facilities to support the

B–2.

SEC. 8076. During the current fiscal year, appropriations which

are available to the Department of Defense for operation and

maintenance may be used to purchase items having an investment

item unit cost of not more than $50,000.

SEC. 8077. During the current fiscal year, appropriations available for the pay and allowances of active duty members of the

Armed Forces shall be available to pay the retired pay which

is payable pursuant to section 4403 of Public Law 102–484 (10

U.S.C. 1293 note) under the terms and conditions provided in

section 4403.

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

appropriations or funds available to the Defense Business Operations Fund shall be used for the purchase of an investment item

for the purpose of acquiring a new inventory item for sale or

anticipated sale during the current fiscal year or a subsequent

fiscal year to customers of the Defense Business Operations Fund

if such an item would not have been chargeable to the Defense

Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during

the current fiscal year to appropriations made to the Department

of Defense for procurement.

(b) The fiscal year 1996 budget request for the Department

of Defense as well as all justification material and other documentation supporting the fiscal year 1996 Department of Defense budget

shall be prepared and submitted to the Congress on the basis

that any equipment which was classified as an end item and funded

in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 1996 procurement appropriation

and not in the supply management business area or any other

area or category of the Defense Business Operations Fund.

SEC. 8079. None of the funds provided in this Act shall be

available for use by a Military Department to modify an aircraft,

weapon, ship or other item of equipment, that the Military Department concerned plans to retire or otherwise dispose of within five

years after completion of the modification: Provided, That this

prohibition shall not apply to safety modifications: Provided further,

That this prohibition may be waived by the Secretary of a Military

Department if the Secretary determines it is in the best national

security interest of the United States to provide such waiver and

so notifies the congressional defense committees in writing.

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

to prepare or present a request to the Committees on Appropriations

for reprogramming of funds, unless for higher priority items, based

on unforeseen military requirements, than those for which originally

appropriated and in no case where the item for which

reprogramming is requested has been denied by the Congress.

SEC. 8081. None of the funds appropriated by this Act shall

be available for payment of the compensation of personnel assigned

to or serving in the National Foreign Intelligence Program in excess

of 94 percent of such personnel actually assigned to or serving

in the National Foreign Intelligence Program on September 30,

1992: Provided, That in making any reduction in the number of

such personnel that may be required pursuant to this section,

the percentage of reductions to Senior Intelligence Service positions
H. R. 4650—39

shall be equal to or exceed the percentage of reductions to nonSenior Intelligence Service positions: Provided further, That in making any reduction in the number of such personnel that may be

required pursuant to this section, the percentage of reductions

to positions in the National Capital Region shall be equal to or

exceed the percentage of reductions to positions outside of the

National Capital Region.

SEC. 8081A. In addition to amounts appropriated or otherwise

made available by this Act, $67,000,000 is hereby appropriated

and shall be made available only for liquidating deficiencies in

the amounts specified in the appropriations ‘‘National Guard

Personnel, Army, 1993’’, $55,000,000; and ‘‘Reserve Personnel,

Army, 1993’’, $12,000,000.

SEC. 8082. None of the funds provided by this Act may be

used to pay the salaries of any person or persons who authorize

the transfer of obligated and deobligated appropriations into the

Reserve for Contingencies of the Central Intelligence Agency.

SEC. 8083. None of the funds appropriated by this Act for

programs of the Central Intelligence Agency shall remain available

for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 1996.

SEC. 8084. The classified Annex prepared by the Committee

on Appropriations to accompany the report on the Department

of Defense Appropriations Act, 1995 is hereby incorporated into

this Act: Provided, That the amounts specified in the classified

Annex are not in addition to amounts appropriated by other provisions of this Act: Provided further, That the President shall provide

for appropriate distribution of the classified Annex, or of appropriate

portions of the classified Annex, within the executive branch of

the Government.

SEC. 8085. Notwithstanding any other provision of law, funds

made available in this Act for the Defense Intelligence Agency

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and

intelligence information systems for the Services, the Unified and

Specified Commands, and the component commands.

SEC. 8086. None of the funds appropriated by this Act may

be used to pay health care providers under the Civilian Health

and Medical Program of the Uniformed Services (CHAMPUS) for

services determined under the CHAMPUS Peer Review Organization (PRO) Program to be not medically or psychologically necessary.

The Secretary of Defense may by regulation adopt any quality

and utilization review requirements and procedures in effect for

the Peer Review Organization Program under title XVIII of the

Social Security Act (Medicare) that the Secretary determines necessary, and may adapt the Medicare requirements and procedures

to the circumstances of the CHAMPUS PRO Program as the Secretary determines appropriate.

SEC. 8087. Notwithstanding any other provision of law,

reimbursements received from the North Atlantic Treaty Organization for the E–3 Airborne Warning and Control System (AWACS)

Radar System Improvement Program (RSIP) attributable to development work for fiscal years 1987 through 1992 shall be available

to the Air Force until September 30, 1995, for meeting that service’s

financial commitments for the AWACS RSIP.
H. R. 4650—40

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

made available in this Act may be used to transport or provide

for the transportation of chemical munitions to the Johnston Atoll

for the purpose of storing or demilitarizing such munitions.

(b) The prohibition in subsection (a) shall not apply to any

obsolete World War II chemical munition of the United States

found in the World War II Pacific Theater of Operations.

(c) The President may suspend the application of subsection

(a) during a period of war in which the United States is a party.

SEC. 8089. Notwithstanding any other provision of law, funds

made available in this Act and in the fiscal year 1994 Department

of Defense Appropriations Act (Public Law 103–139) under the

heading ‘‘Procurement, Defense-Wide’’ shall be available to pay

equitable adjustments to which the contractor is legally entitled

for Coastal Patrol Craft that were procured in prior fiscal years.

SEC. 8090. Notwithstanding any other provision of law, funds

appropriated in this Act for the High Performance Computing Modernization Program shall be made available only for the upgrade,

purchase, or modernization of supercomputing capability and capacity at Department of Defense (DoD) science and technology sites

under the cognizance of the Director of Defense Research and

Engineering and DoD test and evaluation facilities under the Director of Test and Evaluation, OUSD (A&T): Provided, That the contracts, contract modifications, contract options, or other agreements

are awarded as the result of full and open competition based upon

the requirements of the user.

SEC. 8091. Amounts collected for the use of the facilities of

the National Science Center for Communications and Electronics

during the current fiscal year pursuant to section 1459(g) of the

Department of Defense Authorization Act, 1986 and deposited to

the special account established under subsection 1459(g)(2) of that

Act are appropriated and shall be available until expended for

the operation and maintenance of the Center as provided for in

subsection 1459(g)(2).

SEC. 8092. The Secretary of Defense and the Director of Central

Intelligence shall deliver, no later than January 1, 1995, a report

providing the following information about all research and development projects involving the implementation, monitoring, or verification of current and projected international arms control agreements:

(a) annual and total budgets, goals, schedules, and priorities; (b)

relationships among related projects being funded by the Department of Defense, the National Foreign Intelligence Program, and

other departments and agencies of the Federal Government; and

(c) comments by the Arms Control and Disarmament Agency about

the relevance of each project to the arms control priorities of the

United States.

SEC. 8093. Notwithstanding any other provision of law, none

of the funds appropriated in this or any other Act shall be used

for the purchase of a totally enclosed lifeboat survival system,

which consists of the lifeboat and associated davits and winches,

if less than 50 percent of the entire system’s components are manufactured in the United States, and if less than 50 percent of the

labor in the manufacture and assembly of the entire system is

performed in the United States.

SEC. 8093A. None of the funds appropriated in this Act may

be used to fill the commander’s position at any military medical
H. R. 4650—41

facility with a health care professional unless the prospective candidate can demonstrate professional administrative skills.

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

may be expended by an entity of the Department of Defense unless

the entity, in expending the funds, complies with the Buy American

Act. For purposes of this subsection, the term ‘‘Buy American Act’’

means title III of the Act entitled ‘‘An Act making appropriations

for the Treasury and Post Office Departments for the fiscal year

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

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

(b) If the Secretary of Defense determines that a person has

been convicted of intentionally affixing a label bearing a ‘‘Made

in America’’ inscription to any product sold in or shipped to the

United States that is not made in America, the Secretary shall

determine, in accordance with section 2410f of title 10, United

States Code, whether the person should be debarred from contracting with the Department of Defense.

SEC. 8094A. Of the funds appropriated to the Department of

Defense (DOD) for Operation and Maintenance, Defense-Wide, not

less than $8,000,000 shall be made available until expended to

the Administration for Native Americans within 90 days of enactment of this Act: Provided, That such funds shall be made available

only for the mitigation of environmental impacts, including training

and technical assistance to tribes, related administrative support,

the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation, on

Indian lands resulting from Department of Defense activities: Provided further, That the Department of Defense shall provide to

the Committees on Appropriations of the Senate and House of

Representatives by September 30, 1995, a summary report of all

environmental damage that has occurred on Indian land as a result

of DOD activities, to include, to the extent feasible, a list of all

documents and records known to the Department that describe

the activity or action causing or relating to such environmental

damage.

SEC. 8095. None of the funds available to the Department

of Defense in this Act shall be used by the Secretary of a military

department to purchase coal or coke from foreign nations for use

at United States defense facilities in Europe when coal from the

United States is available.

SEC. 8096. None of the funds appropriated or otherwise made

available by this Act may be used for a defense technology reinvestment project that is not selected pursuant to the applicable competitive selection and other procedures set forth in chapter 148 of

title 10, United States Code: Provided, That notwithstanding any

other provision of law, funds appropriated for the Advanced

Research Projects Agency defense reinvestment program element

under the heading ‘‘Research, Development, Test and Evaluation,

Defense-Wide’’ shall not be obligated until the Secretary of Defense

has ensured that the Assistant Secretaries for Research, Development, and Acquisition of the separate Military Departments are

full members of the Defense Technology Conversion Council and

are fully integrated into the process of selecting dual-use technology

focus areas for such programs and evaluating proposals for such

projects: Provided further, That notwithstanding any other provision

of law, of the funds appropriated for defense reinvestment programs

under the heading ‘‘Research, Development, Test and Evaluation,
H. R. 4650—42

Defense-Wide’’, $75,000,000 may only be obligated for projects

selected as a result of a competition held by the Advanced Research

Projects Agency in focus areas selected exclusively by the Assistant

Secretaries for Research, Development, and Acquisition of the separate Military Departments: Provided further, That in addition to

the restriction contained in the preceding provisos, the competition

in focus areas shall be conducted in accordance with other

unaffected statutory provisions of the Defense Conversion, Reinvestment, and Transition Assistance Amendments of 1993.

SEC. 8097. None of the funds appropriated in this Act are

available for development of bi-static active capability in SURTASS

unless the acoustic signal processing for this capability is hosted

exclusively on the AN/UYS–2 in the operational system.

SEC. 8097A. (a) Not later than April 1, 1995, the Secretary

of Defense shall submit to the Congressional defense committees

a management plan for the major university-affiliated research

centers which support the Department of Defense.

(b) The master plan required by the preceding subsection

shall—

(1) establish annual funding and manpower ceilings for

each institution, and a total annual funding and manpower

ceiling;

(2) describe in detail what specific actions are being taken

to increase management of these institutions by the Office

of the Secretary of Defense, and to reduce future annual funding; and

(3) explain the contracting arrangement with each institution, including an evaluation of whether contracts for future

efforts should be competitively awarded.

(c) For the purposes of this section, the term ‘‘major’’ shall

apply to institutions which receive more than $2,000,000 annually

from the Department of Defense.

SEC. 8098. None of the funds appropriated by this Act shall

be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited

proposal unless the head of the activity responsible for the procurement determines—

(1) as a result of thorough technical evaluation, only one

source is found fully qualified to perform the proposed work,

or

(2) the purpose of the contract is to explore an unsolicited

proposal which offers significant scientific or technological

promise, represents the product of original thinking, and was

submitted in confidence by one source, or

(3) the purpose of the contract is to take advantage of

unique and significant industrial accomplishment by a specific

concern, or to insure that a new product or idea of a specific

concern is given financial support:

Provided, That this limitation shall not apply to contracts in an

amount of less than $25,000, contracts related to improvements

of equipment that is in development or production, or contracts

as to which a civilian official of the Department of Defense, who

has been confirmed by the Senate, determines that the award

of such contract is in the interest of the national defense.
H. R. 4650—43

(TRANSFER OF FUNDS)

SEC. 8099. Upon enactment of this Act, the Secretary of Defense

shall make the following transfers of funds: Provided, That the

amounts transferred shall be available for the same purposes as

the appropriations to which transferred, and for the same time

period as the appropriation from which transferred: Provided further, That the amounts shall be transferred between the following

appropriations in the amounts specified:

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1986/1990’’:

CG–47 cruiser program, $6,000,000;

LSD–41 landing ship dock program, $1,700,000;

T–AGOS ocean surveillance ship program, $5,000,000;

For craft, outfitting, post delivery, and cost growth,

$2,438,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1986/1990’’:

SSN–688 attack submarine program, $11,719,000;

MSH coastal mine hunter program, $3,419,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1987/1991’’:

TRIDENT ballistic missile submarine program,

$650,000;

DDG–51 destroyer program, $633,000;

CG–47 cruiser program, $283,000;

T–AO fleet oiler program, $2,800,000;

AO conversion program, $400,000;

For craft, outfitting, and post delivery, $5,900,000;

Weapons Procurement, Navy, 1993/1995, $18,069,000;

National Guard and Reserve Equipment, 1994/1996,

$5,145,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1987/1991’’:

SSN–688 attack submarine program, $18,496,000;

AOE fast combat support ship program, $15,384,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1988/1992’’:

CG–47 cruiser program, $15,351,000;

LSD–41 cargo variant ship program, $4,773,000;

LHD–1 amphibious assault ship program, $7,028,000;

AO conversion program, $1,900,000;

Aircraft Procurement, Navy, 1993/1995, $100,642,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1988/1992’’:

TRIDENT ballistic missile submarine program,

$6,035,000;

SSN–688 attack submarine program, $19,659,000;

CVN nuclear aircraft carrier program, $104,000,000;
H. R. 4650—44

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1989/1993’’:

LHD–1 amphibious assault ship program, $3,400,000;

T–AO fleet oiler program, $3,488,000;

T–AGOS surveillance ship program, $3,197,000;

AO conversion program, $1,300,000;

Weapons Procurement, Navy, 1993/1995, $178,000;

Other Procurement, Navy, 1993/1995, $22,400,000;

Research, Development, Test and Evaluation, Navy, 1994/

1995, $41,700,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1989/1993’’:

SSN–688 attack submarine program, $18,939,000;

SSN–21 attack submarine program, $37,123,000;

MHC coastal mine hunter program, $1,700,000;

AOE combat support ship program, $17,901,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1990/1994’’:

TRIDENT ballistic missile submarine program,

$2,400,000;

Aircraft carrier service life extension program,

$346,000;

MCM mine countermeasures program, $657,000;

Oceanographic ship program, $3,964,000;

LCAC landing craft air cushion program, $1,188,000;

Aircraft Procurement, Navy, 1993/1995, $6,000,000;

Weapons Procurement, Navy, 1993/1995, $6,753,000;

Other Procurement, Navy, 1994/1996, $1,297,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1990/1994’’:

SSN–688 attack submarine program, $9,046,000;

MHC coastal mine hunter program, $3,575,000;

AOE combat support ship program, $9,984,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1991/1995’’:

TRIDENT ballistic missile submarine program,

$39,500,000;

DDG–51 destroyer program, $8,200,000;

LSD–41 dock landing ship cargo variant ship program,

$22,427,000;

Aircraft Procurement, Navy, 1994/1996, $17,000,000;

Other Procurement, Navy, 1994/1996, $666,000;

Procurement, Marine Corps, 1993/1995, $6,600,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1991/1995’’:

SSN–21 attack submarine program, $48,240,000;

LHD–1 amphibious assault ship program, $43,600,000;

MHC coastal mine hunter program, $2,553,000;

From:

Aircraft Procurement, Navy, 1993/1995, $42,000,000;

Other Procurement, Navy, 1994/1996, $29,261,000;
H. R. 4650—45

National Guard and Reserve equipment, 1994/1996,

$5,183,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1992/1996’’:

DDG–51 destroyer program, $64,958,000;

MHC coastal mine hunter program, $11,486,000;

From:

Weapons Procurement, Navy, 1993/1995, $30,000,000;

Other Procurement, Navy, 1994/1996, $38,438,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1993/1997’’:

DDG–51 destroyer program, $26,894,000;

LSD–41 cargo variant ship program, $5,663,000;

MHC coastal mine hunter program, $7,615,000;

AOE combat support ship program, $28,266,000;

From:

Weapons Procurement, Navy, 1994/1996, $14,000,000;

Other Procurement, Navy, 1994/1996, $763,000;

National Guard and Reserve Equipment, 1994/1996,

$4,672,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1994/1998’’:

LHD–1 amphibious assault ship program, $15,131,000;

Oceanographic ship program, $4,304,000.

SEC. 8100. It is the sense of Congress that none of the funds

appropriated or otherwise made available by this Act should be

available for the purposes of deploying United States Armed Forces

to participate in the implementation of a peace settlement in BosniaHerzegovina, unless previously authorized by the Congress.

SEC. 8101. Not later than May 1, 1995, the Secretary of Defense

shall submit to the Committees on Appropriations of the House

and Senate an independent cost effectiveness study of Air Force

bomber programs: Provided, That of the total amounts available

to the Department of Defense for financing the activities of defense

federally funded research and development centers during fiscal

year 1995, $4,500,000 shall be made available within 30 days after

the enactment of this Act for the purposes of the aforementioned

study.

SEC. 8102. Funds appropriated by this Act for intelligence

activities are deemed to be specifically authorized by the Congress

for purposes of section 504 of the National Security Act of 1947

(50 U.S.C. 414) during fiscal year 1995 until the enactment of

the Intelligence Authorization Act for fiscal year 1995.

SEC. 8103. (1) Except as provided in subsection (C) below,

it is the sense of the Congress that none of the funds appropriated

by this Act should be obligated or expended for costs incurred

by the United States Armed Forces units serving in any international peacekeeping or peace-enforcement operations under the

authority of Chapter VI or Chapter VII of the United Nations

Charter and under the authority of a United Nations Security

Council Resolution, or for costs incurred by United States Armed

Forces serving in any significant international humanitarian, peacekeeping or peace-enforcement operations, unless—
H. R. 4650—46

(a) the President initiates consultations with the bipartisan

leadership of Congress, including the leadership of the relevant

committees, regarding such operations; these consultations

should be initiated at least fifteen days prior to the initial

deployment of United States Armed Forces units to participate

in such an operation, whenever possible, but in no case later

than forty-eight hours after such a deployment; and these consultations should continue on a periodic basis throughout the

period of the deployment; (b) such consultation should include discussion of—

(1) the goals of the operation and the mission of any United States Armed Forces units involved in the operation;

(2) the United States interests that will be served

by the operation; (3) the estimated cost of the operation;

(4) the strategy by which the President proposes to fund the operation, including possible supplemental appropriations or payments from international organizations, foreign countries or other donors; (5) the extent of involvement of armed forces and other

contributions of personnel from other nations; and (6) the operation’s anticipated duration and scope; (c) subsection (a) does not apply with respect to an inter- national humanitarian assistance operation carried out in

response to natural disasters; or to any other international

humanitarian assistance operation if the President reports to

Congress that the estimated cost of such operation is less

than $50,000,000.

(2) Further, it is the sense of the Congress that the President should seek supplemental appropriations for any significant deployment of United States Armed Forces when such forces are to

perform or have been performing international humanitarian,

peacekeeping or peace-enforcement operations.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8104. Balances of the funds appropriated in Public Laws

102–172, 102–396, and 103–139, under the headings ‘‘World University Games’’, ‘‘Summer Olympics’’, and ‘‘World Cup USA 1994’’

in title II of those Acts shall be merged with the appropriation

heading entitled ‘‘Summer Olympics’’ appearing under title II of

this Act and shall be available only for purposes described under

that heading.

SEC. 8104A. The Secretary of Defense shall ensure that all applicable DOD regulations and component command, installation,

or agency policies and procedures governing temporary duty travel

on official military business to the States of Hawaii and Alaska

require no higher levels of approval or stricter controls than travel

within the continental United States.

SEC. 8105. None of the funds available to the Department

of Defense may be used to support the relocation of P–3 aircraft

squadrons or other aircraft or units from the Naval Air Station

at Barbers Point, Hawaii unless such relocation was specifically

stated in the 1993 Report to the President of the Defense Base

Closure and Realignment Commission.

SEC. 8106. (a) None of the funds made available by this Act

may be obligated for design, development, acquisition, or operation
H. R. 4650—47

of more than 47 Titan IV expendable launch vehicles, or for satellite

mission-model planning for a Titan IV requirement beyond 47

vehicles.

(b) Of the funds provided in the Department of Defense Appropriations Act, 1994 (Public Law 103–139), the Secretary of Defense

shall transfer a total of $60,000,000 to the National Aeronautics

and Space Administration (NASA): Provided, That of that amount,

$25,000,000 shall be transferred from Procurement, Defense-Wide,

1994/1996, and shall only be used for LANDSAT 7: Provided further,

That of that amount, $35,000,000 shall be transferred from

Research, Development, Test and Evaluation, Defense-Wide, 1994/

1995, and shall only be used for Single-Stage-to-Orbit research

and development at Phillips Laboratory, Albuquerque, New Mexico

and, pursuant to the President’s call for a supporting role for

DOD in this technology, the funds shall be used in activities to

support NASA-led construction of an Advanced Technology Demonstrator X-vehicle and to finish the original flight test program

of the DC–X1 test vehicle.

(c) $30,000,000 made available in this Act for Research, Development, Test and Evaluation, Air Force and $10,000,000 made

available in the Department of Defense Appropriations Act, 1994

(Public Law 103–139) for Research, Development, Test and Evaluation, Defense-Wide, 1994/1995, may only be obligated for development of a new family of medium-lift and heavy-lift expendable

launch vehicles evolved from existing technologies: Provided, That

the $30,000,000 in fiscal year 1995 funds shall not be available

for obligation until the Secretary of Defense submits a detailed

plan describing the proposed development program for the new

family of expendable launch vehicles.

SEC. 8106A. In the case of members who separate from active

duty or full-time National Guard duty in a military department

pursuant to a Special Separation Benefits program (10 U.S.C.

1174a) or a Voluntary Separation Incentive program (10 U.S.C.

1175) at any time after the enactment of this Act, the separation

payments paid such members who are also paid any bonus provided

for in chapter 5, title 37, United States Code, during the same

years in which they separate shall be reduced (but in no event

to an amount less than zero) by an amount equal to any such

bonus: Provided, That any future bonus payments to which such

members would otherwise be entitled are rescinded: Provided further, That this measure will not apply to members who separate

during the last year of a bonus paid pursuant to chapter 5, title

37, United States Code: Provided further, That civilian employees

of the Department of Defense are prohibited from receiving voluntary separation payments if such employees are rehired by any

agency of the Federal Government within one hundred and eighty

days of separating from the Department of Defense: Provided further, That members who separate from active duty or full-time

National Guard duty in a military department at any time after

the enactment of this Act, are prohibited from receiving Special

Separation Benefits program (10 U.S.C. 1174a) or Voluntary Separation Incentive program (10 U.S.C. 1175) payments if rehired

in a civilian position by the Department of Defense within one

hundred and eighty days of separating from active duty or fulltime National Guard duty.

SEC. 8107. Notwithstanding any other provision of law, of the

funds appropriated to the Department of the Navy for Operation
H. R. 4650—48

and Maintenance, not less than $4,500,000 shall be obligated and

expended only for operation and maintenance, automatic data

processing equipment, transition assistance or in-house central

design development and activities for the Naval Reserve Force

Information Systems Office, the Naval Reserve Personnel Center,

the Enlisted Personnel Management Center, and the collocated

Naval Computer and Telecommunications Station: Provided, That

notwithstanding any other provision of law, of the funds appropriated to the Department of Defense for Procurement and Operation and Maintenance, Defense-Wide not less than $18,000,000

shall be obligated and expended only for automatic data processing

equipment or software, in-house central design development and

activities, and transition assistance for the Naval Reserve Force

Information Systems Office, the Naval Reserve Personnel Center,

the Enlisted Personnel Management Center and the collocated

Naval Computer and Telecommunications Station, of which

$8,000,000 shall be available in procurement funds and $5,000,000

shall be available in operation and maintenance funds only for

the establishment of a Continuity of Operations (COOP) center

that shall be collocated with the Naval Reserve Force Information

Systems Office, the Enlisted Personnel Management Center, and

the collocated Naval Computer and Telecommunications Station

for the contingency preservation of computer data for the Department of Defense Data and Megacenter consolidation initiative: Provided further, That the Secretary of the Navy shall establish the Naval Reserve Force Information Systems Office and the Enlisted

Personnel Management Center, supported by the collocated Naval

Computer and Telecommunications Station, as the central design

activities for development, integration, coding, documentation, and

system management for the software development and maintenance

of the Naval active and reserve single Source Data Collection System: Provided further, That the Bureau of Naval Personnel shall

remain as the Program Manager for definition of functional requirements and priorities: Provided further, That the last proviso of

section 8023 of Public Law 103–139, is hereby repealed.

(TRANSFER OF FUNDS)

SEC. 8107A. In addition to amounts appropriated or otherwise

made available in this Act, $8,000,000 shall be made available

for pay and allowances for the Office of the Assistant Secretary

of Defense for Reserve Affairs to be available only for support

of Civil-Military Cooperation program operations, for transfer to

appropriations available to the Department of Defense for military

personnel of the reserve components serving under the provisions

of title 10 and title 32, United States Code: Provided, That the

funds made available by this paragraph shall be available for obligation for the same time period and for the same purpose as the

appropriation to which transferred: Provided further, That the

transfer authority provided in this paragraph is in addition to

any transfer authority contained elsewhere in this Act.

SEC. 8108. No funds available to the Department of Defense

in this Act may be used to establish additional field operating

agencies of any element of the Department during fiscal year 1995,

except for field operating agencies funded within the National Foreign Intelligence Program.

SEC. 8108A. Notwithstanding any other provision of law, for

resident classes entering the war colleges after September 30, 1996,
H. R. 4650—49

the Department of Defense shall require that not less than 20

percent of the total of United States military students at each

war college shall be from military departments other than the

hosting military department: Provided, That each military depart- ment will recognize the attendance at a sister military department

war college as the equivalent of attendance at its own war college

for promotion and advancement of personnel.

SEC. 8109. None of the funds provided in this Act may be expended for the refurbishment of M61/20 mm Gatling Gun assets

for domestic or foreign military sales unless the Department of

the Air Force competes this work among qualified depots and

commercial contractors.

SEC. 8110. None of the funds provided in this Act may be obligated or expended for the sale of zinc in the National Defense

Stockpile if zinc commodity prices decline more than five percent

below the London Metals Exchange market price reported on the

date of enactment of this Act.

SEC. 8111. Funds made available to the Department of the

Navy for the EA–6B program in this Act and prior Department

of Defense Appropriations Acts may be used to procure any lower

costs alternative to the ADVCAP upgrade program considered by

the Department of the Navy to be appropriate and cost effective.

(TRANSFER OF FUNDS)

SEC. 8112. For the rehabilitation of damage caused to Rongelap Atoll by the nuclear testing program and for the resettlement

of Rongelap Atoll, $5,000,000 is appropriated to the Department

of Defense, which shall be transferred to the Department of the

Interior for deposit into the Rongelap Resettlement Trust Fund.

SEC. 8113. PROHIBITION ON USE OF FUNDS FOR CERTAIN ACTIVI- TIES AT CAMERON STATION, VIRGINIA.—(a) PROHIBITION.—None of

the funds appropriated in this Act or otherwise made available

to the Department of Defense may be obligated or expended by

the Secretary of Defense for the execution pursuant to subsection

(f) of section 501 of the Stewart B. McKinney Homeless Assistance

Act (42 U.S.C. 11411) of a lease, permit, or deed of conveyance

for use to assist the homeless of any property described in subsection

(b) until the Secretary of Health and Human Services, appropriate

representatives of the City of Alexandria, Virginia, and representatives of the homeless whose applications for use of such property

to assist the homeless have been approved by the Secretary of

Health and Human Services under subsection (e)(3) of such section

jointly determine that such use is reasonable under the redevelopment plan for Cameron Station, Virginia. (b) COVERED PROPERTY.—Subsection (a) applies to the public

buildings and real property located at Cameron Station, Virginia,

which installation was approved for closure pursuant to the provisions of title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C.

2687 note).

SEC. 8114. The Assistant Secretary of Defense for Command, Control, Communications and Intelligence shall establish and implement a master plan for all acquisitions of automated document

conversion systems, equipment, and technologies: Provided, That

none of the funds in this Act may be used to develop technologies

or to acquire new automated document conversion equipment, services, or systems which cost more than $5,000,000 after April 1,
H. R. 4650—50

1995 unless such acquisitions are approved in advance by the

Assistant Secretary or his designee: Provided further, That of the

funds appropriated to the Department of Defense for Procurement,

Defense-Wide, not less than $20,000,000 shall be used only to

integrate the Automated Document Conversion System into the

Joint Engineering Data Management and Information Control

System.

SEC. 8114A. (a) FISCAL YEAR 1995 COST-OF-LIVING ADJUSTMENT

FOR MILITARY RETIREES.—(1) The fiscal year 1995 increase in military retired pay shall (notwithstanding subparagraph (B) of section

1401a(b)(2) of title 10, United States Code) first be payable as

part of such retired pay for the month of March 1995.

(2) For the purposes of subsection (a):

(A) The term ‘‘fiscal year 1995 increase in military retired

pay’’ means the increase in retired pay that, pursuant to paragraph (1) of section 1401a(b) of title 10, United States Code,

becomes effective on December 1, 1994.

(B) The term ‘‘retired pay’’ includes retainer pay.

(b) FUTURE COST-OF-LIVING ADJUSTMENTS FOR MILITARY RETIREES.—

(1) Subject to paragraph (2), subparagraph (B) of section

1401a(b)(2) of title 10, United States Code, is amended—

(A) in the heading, by striking out ‘‘THROUGH 1998’’

and inserting in lieu thereof ‘‘THROUGH 1996’’; and

(B) in clause (ii)—

(i) by striking out ‘‘THROUGH 1998’’ and inserting

in lieu thereof ‘‘AND 1996’’;

(ii) by striking out ‘‘of 1994, 1995, 1996, or 1997’’

and inserting in lieu thereof ‘‘of 1994 or 1995’’; and (iii) by striking out ‘‘September’’ and inserting in

lieu thereof ‘‘March’’.

(2) Paragraph (1) shall be effective only if— (A) the President, in the budget of the President for

fiscal year 1996, proposes legislation which if enacted would

be qualifying offsetting legislation; and (B) there is enacted during the first session of the

104th Congress qualifying offsetting legislation.

(3) If the conditions in paragraph (2) are met, then the amendments by paragraph (1) shall take effect on January

1, 1996.

(4) For purposes of this subsection:

(A) The term ‘‘qualifying offsetting legislation’’ means legislation (other than an appropriations Act) that includes

provisions that—

(i) offset fully the increased outlays for each of

fiscal years 1996, 1997, and 1998 to be made from

the Department of Defense Military Retirement Fund

by reason of the amendment made by paragraph (1);

(ii) expressly state that they are enacted for the

purpose of the offset described in clause (i); and

(iii) are included in full on the PayGo scorecard.

(B) The term ‘‘PayGo scorecard’’ means the estimates

that are made with respect to fiscal years through fiscal

year 1998 by the Director of the Congressional Budget

Office and the Director of the Office of Management and

Budget under section 252(d) of the Balanced Budget and

Emergency Deficit Control Act of 1985.
H. R. 4650—51

SEC. 8115. Notwithstanding any other provision of law, none of the funds provided in this Act may be used to procure vessel

propellers six feet in diameter and greater unless such propellers

are manufactured in the United States incorporating only castings

which are poured and finished in the United States. Nor may

any of the funds provided in this Act be used to procure ship

propulsion shafting unless such ship propulsion shafting is manufactured in the United States: Provided, That when adequate domestic

supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible

for the procurement may waive this restriction on a case-by-case

basis by certifying in writing to the Committees on Appropriations

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

for national security purposes.

(TRANSFER OF FUNDS)

SEC. 8115A. In addition to amounts appropriated or otherwise

made available by this Act, $11,200,000 is hereby appropriated

to the Department of Defense and shall be available only for transfer

to the United States Coast Guard for a 2.6 percent pay increase

for uniformed members.

SEC. 8116. Such additional sums as may be necessary for fiscal year 1995 pay raises for programs funded by this Act shall be

absorbed within the levels appropriated in this Act.

SEC. 8117. After April 15, 1995, none of the funds provided

in this Act may be obligated for payment on new contracts on

which allowable costs charged to the government include payments

for individual compensation at a rate in excess of $250,000 per

year.

SEC. 8118. None of the funds available in this Act may be used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, the Air National Guard, Army

Reserve and Air Force Reserve for the purpose of applying any

administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are

a direct result of a reduction in military force structure: Provided,

That the Department of Defense shall prepare and submit to the

Congressional defense committees a report on reductions of civilian

technicians which may be required to align civilian technician positions with force structure changes in the Reserve component.

SEC. 8119. During the current fiscal year and hereafter, the Department of State and the Department of Defense are authorized

to provide interagency courier service on a non-reimbursable basis.

SEC. 8120. None of the funds appropriated in this Act to the

Department of the Army may be obligated for procurement of

120mm mortars or 120mm mortar ammunition manufactured outside of the United States.

SEC. 8121. (a) STUDY.—The Secretary of Defense shall conduct a study of the receipt of benefits under the Food Stamp Act of

1977 (7 U.S.C. 2011 et seq.) by the members of the Armed Forces.

The study shall include the following elements: (1) The number of members of the Armed Forces who

are eligible to receive benefits under that Act. (2) The number of such members who receive benefits

under that Act.

(3) The location by State and region of the members referred to in paragraphs (1) and (2).
H. R. 4650—52

(4) An estimate of the cost of raising the rate of basic

pay of members of the Armed Forces to a rate at which such

members would no longer be eligible to receive benefits under

that Act.

(b) REPORT.—The Secretary shall submit to Congress a report

on the study required under subsection (b) not later than 180

days after the date of the enactment of this Act.

SEC. 8122. (a) The Secretary of Defense shall submit, on a

quarterly basis, a report to the appropriate congressional committees setting forth all costs (including incremental costs) incurred

by the Department of Defense during the preceding quarter in

implementing or supporting resolutions of the United Nations Security Council, including any such resolution calling for international

sanctions, international peacekeeping operations, and humanitarian

missions undertaken by the Department of Defense. The quarterly

report shall include an aggregate of all such Department of Defense

costs by operation or mission.

(b) The Secretary of Defense shall detail in the quarterly reports

all efforts made to seek credit against past United Nations expenditures and all efforts made to seek compensation from the United

Nations for costs incurred by the Department of Defense in

implementing and supporting United Nations activities.

(c) As used in this section, the term ‘‘appropriate congressional

committees’’ means—

(1) the Committees on Appropriations of the House of Representatives and the Senate;

(2) the Committees on Armed Services of the House of

Representatives and the Senate; and

(3) the Committee on Foreign Relations of the Senate and

the Committee on Foreign Affairs of the House of Representatives.

SEC. 8123. During the current fiscal year, funds appropriated

in this Act are available to compensate members of the National

Guard for duty performed pursuant to a plan submitted by a Governor of a State and approved by the Secretary of Defense under

section 112 of title 32, United States Code: Provided, That during

the performance of such duty, the members of the National Guard

shall be under State command and control: Provided further, That

such duty shall be treated as full-time National Guard duty for

purposes of sections 3686(2) and 8686(2) of title 10, United States

Code.

SEC. 8124. SENSE OF THE CONGRESS CONCERNING THE REPUBLIC

OF BULGARIA.

(a) FINDINGS.—The Congress finds that:

(1) In the spring of 1990, Bulgaria held its first roundtable discussions and held its first free, democratic elections

in June 1990;

(2) In August 1990, the Bulgarian Grand National Assembly elected Dr. Zhelyu Zhelev as President of the Republic;

(3) On July 12, 1991 the Parliament of Bulgaria adopted

the new Constitution of the Republic of Bulgaria, which proclaims that Bulgaria is governed by the rule of law;

(4) In addition, the Bulgarian Constitution establishes the

principles of a market economy in Bulgaria, including Article

17 which guarantees and protects the right to property and

inheritance and proclaims the inviolability of private property,
H. R. 4650—53

and Article 19 which states that the economy of Bulgaria is

based on free economic enterprise;

(5) In October 1991, Bulgaria held its second parliamentary

elections;

(6) Since 1990, the Bulgarian Parliament has passed more

than 220 laws establishing legal protections for a free market

economy including the Law on Land Ownership, the Law on

the Protection of Competition, the Law on Commerce, the Law

on Privatization, the Law on Accounting and the Law on Banking;

(7) The Bulgarian private sector has grown from 5 percent

of GNP in 1990 to 22 percent of GNP in 1993, and by the

end of 1993, 47 percent of Bulgarian farm land had been

returned to its owners prior to 1948;

(8) In June 1990, Bulgaria established diplomatic relations

with NATO and on February 14, 1994, joined the Partnership

for Peace;

(9) Since October 1991, the Bulgarian minister of defense

has been a civilian and this practice is scheduled to be institutionalized when the Bulgarian Law on Armed Forces is adopted

in September 1994.

(b) SENSE OF CONGRESS.—Therefore, it is the sense of the

Congress that:

(1) The Republic of Bulgaria is making swift and important

progress to join the West and should be strongly commended

for its efforts;

(2) The Republic of Bulgaria is making significant progress

toward establishing democratic institutions, a free market economy, civilian control of the armed forces and the rule of law; (3) As the President evaluates increased defense cooperation with central and eastern Europe, Bulgaria’s extensive

reform efforts should be given every possible consideration.

SEC. 8125. STUDY OF C–130s.—(a) REPORT.—Within six months

of enactment of this Act, the Chairman of the Joint Chiefs of

Staff (JCS) shall recommend to the Secretary of Defense a master

stationing plan for C–130 aircraft for the active and reserve components based on the National Military Strategy and current contingency plans of the Joint Chiefs of Staff. The report shall include: (1) a review of existing Air Reserve Component C–130s;

and

(2) a master plan for basing future Air Reserve Component

C–130s over the next twenty years.

(b) INTERIM REDUCTIONS.—No reductions of primary authorized C–130 aircraft (PAA) shall be permitted until after completion

of the report.

(c) APPROVAL.—Within 2 months of receipt of the report from

the Chairman of the JCS, the Secretary of Defense shall approve

the final master stationing plan for C–130 aircraft and shall provide

it to the congressional defense committees. The Secretary shall

also provide the final report to the Air Force and to the National

Guard Bureau for implementation.

SEC. 8126. Funds appropriated for the Army by this Act may

not be expended to deactivate or to take any action necessary

to deactivate any Army Reserve Officers’ Training Corps unit, or

to reduce any such unit for the purpose of eventually deactivating

that unit, unless the Secretary of the Army has determined that

the unit has been placed in, and has been evaluated for a full
H. R. 4650—54

evaluation period under, the Effective Management Program of

the Army Cadet Command.

SEC. 8127. PREFERENCE FOR LOCAL AND SMALL BUSINESSES TO

CARRY OUT ENVIRONMENTAL RESTORATION AND

REMEDIATION OF KAHO’OLAWE ISLAND, HAWAII.

(a) PREFERENCE REQUIRED.—In entering into contracts with private entities to carry out environmental restoration and remediation of Kaho’olawe Island, Hawaii, and the waters surrounding

that island, the Secretary of the Navy shall, to the maximum

extent practicable, give a preference to small business concerns

and small disadvantaged business concerns located in the State

of Hawaii. In giving the preference, the Secretary shall give especial

preference to businesses owned by Native Hawaiians. (b) DEFINITIONS.—In this section:

(1) The term ‘‘small business concern’’ means a business

concern meeting the requirements of section 3 of the Small

Business Act (15 U.S.C. 632).

(2) The term ‘‘small disadvantaged business concern’’ means the business concerns referred to in section 7(d)(1) of such

Act (15 U.S.C. 637(d)(1)).

(3) The term ‘‘Native Hawaiian’’ means any individual who is a descendent of the aboriginal people who, prior to 1778,

occupied and exercised sovereignty in the area that now comprises the State of Hawaii.

SEC. 8128. The Secretary of Defense shall report to the congres- sional defense committees the existing standards for the provision

of concurrent retirement and disability benefits to members of the

Armed Forces with not less than twenty years of service: Provided, That this evaluation will address the number of individuals retired

from the Armed Forces under conditions of total disability; the

cost of extending concurrent benefits to these individuals; the comparability of the policy to Office of Personnel Management guidelines for civilian Federal employees; the comparability of this policy

to prevailing private sector standards; the number of individuals

potentially eligible for concurrent benefits who now receive other

forms of Federal assistance and the cost of that assistance: Provided

further, That the Secretary shall submit this report not later than March 15, 1995.

SEC. 8129. IMPLEMENTATION OF AGREEMENT ON THE RESTRUCTURING OF THE ARMY NATIONAL GUARD AND THE ARMY

RESERVE.

(a) FINDING.—Congress finds that the implementation of the off-site agreement may result in the loss to the Armed Forces

of military personnel who have significant military experience and

expertise. (b) REASSIGNMENT OF MEMBERS.—(1) To the maximum extent

practicable, the Secretary of the Army shall ensure that members

of the Armed Forces who would otherwise be separated from service

as a result of the deactivation of military units of the Army National

Guard and the Army Reserve under the off-site agreement be

reassigned instead to units that are not being deactivated.

(2) The reassignment of a member under paragraph (1) shall

not affect the grade or rank in grade of the member.

(c) REPORTS.—Not later than April 15 and October 15 of each

calendar year while the off-site agreement is in effect, the Secretary

of the Army shall submit to the congressional defense committees
H. R. 4650—55

a semi-annual report on the number of members of the Armed

Forces who were reassigned under subsection (b)(1) during the

preceding six months.

(d) DEFINITIONS.—In this section:

(1) The term ‘‘congressional defense committees’’ means

the Committees on Armed Services and the Committees on

Appropriations of the Senate and the House of Representatives.

(2) The term ‘‘off-site agreement’’ means the agreement

on the restructuring of the Army National Guard and the

Army Reserve.

SEC. 8130. Funds appropriated in this Act for operation and

maintenance of the Military Departments, Unified and Specified

Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise

be incurred against appropriations for the National Guard and

Reserve when members of the National Guard and Reserve provide

intelligence support to Unified Commands, Defense Agencies and

Joint Intelligence Activities, including the activities and programs

included within the General Defense Intelligence Program and the

Consolidated Cryptologic Program: Provided, That nothing in this

section authorizes deviation from established Reserve and National

Guard personnel and training procedures.

SEC. 8131. (a) No project for the construction of any facility,

or improvement to any facility, having an estimated Federal cost

in excess of $300,000, may be undertaken in any fiscal year unless

specifically identified as a separate item in the President’s annual

fiscal year budget request or otherwise specifically authorized and

appropriated if such facility or improvement would be used primarily by personnel of the intelligence community. (b) As used in this section, the term ‘‘intelligence community’’ has the same meaning given that term in section 3(4) of the

National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 8132. The Secretary of Defense, from within funds provided in this Act, may obligate not to exceed $75,000 to fulfill

Department of Defense obligations under the Educational Loan

Repayment Programs for State-sponsored student loan programs

not covered under title IV, part B or E of the Higher Education

Act of 1965 (title 20 U.S.C. 1071–1087).

SEC. 8133. Notwithstanding any other provision of law, the

Secretary of the Navy shall obligate, within sixty days of this

Act becoming law, not less than $39,750,000 from the funds appropriated in this Act or previous Acts under the heading ‘‘Aircraft

Procurement, Navy’’, solely to procure, integrate, and install, on

an urgent basis, AN/USH–42 mission recorders modified for use

in S–3B aircraft.

SEC. 8134. Subparagraph (B) of section 7306(d)(1) of title 10,

United States Code, shall not apply with respect to the transfer

by the Secretary of the Navy under section 7306(a) of such title

of the aircraft carrier U.S.S. Saratoga (CV–60) to the U.S.S. Saratoga Museum Foundation, Inc., a foundation organized under the

laws of the State of Florida.

RESTRICTION ON FUNDING UNITED STATES MILITARY PERSONNEL IN

SOMALIA

SEC. 8135. None of the funds appropriated by this Act may

be used for the continuous presence in Somalia of United States
H. R. 4650—56

military personnel, except for the protection of United States personnel, after September 30, 1994.

SEC. 8136. SENATE ADVICE AND CONSENT TO CHANGES IN OBLIGATIONS UNDER THE CFE TREATY.

(a) FINDINGS.—

(1) On November 25, 1991, the Senate gave its advice

and consent to ratification of the CFE Treaty.

(2) The President would need to seek the Senate’s advice

and consent to any change in obligation of the States parties

under the CFE Treaty, unless such change were a minor matter

of an administrative or technical nature.

(3) A change in the allowed holdings of treaty limited

equipment in the area of application or any geographic subzone of the area of application would constitute a change in

obligation for which the Senate’s advice and consent would

be required.

(b) REAFFIRMATION OF SENATE’S TREATY-MAKING POWERS.—

The President shall submit for the Senate’s advice and consent

any change in the obligations of any State party under the CFE

Treaty, unless such change is a minor matter of an administrative

or technical nature.

(c) CFE TREATY DEFINED.—For the purpose of this section,

the CFE Treaty means the Treaty on Conventional Armed Forces

in Europe, signed in Paris on November 19, 1990, and associated

protocols.

SEC. 8137. (a)(1) The Secretary of Defense shall develop a

plan for establishing and implementing a requirement for disbursing officials of the Department of Defense to match disbursements

to particular obligations before making the disbursements. The

Secretary shall transmit the plan to Congress not later than

March 1, 1995.

(2) The Inspector General of the Department of Defense shall

review the plan and submit the Inspector General’s independent

assessment of the plan to the congressional defense committees.

(b)(1) Not later than July 1, 1995, the Secretary of Defense

shall require that each disbursement by the Department of Defense

in an amount in excess of $5,000,000 be matched to a particular

obligation before the disbursement is made.

(2) Not later than October 1, 1995, the Secretary of Defense

shall require that each disbursement by the Department of Defense

in an amount in excess of $1,000,000 be matched to a particular

obligation before the disbursement is made.

(c) The Secretary shall ensure that a disbursement in excess

of the threshold amount applicable under subsection (b) is not

divided into multiple disbursements of less than that amount for

the purpose of avoiding the applicability of such subsection to

that disbursement.

(d) The Secretary of Defense may waive a requirement for

advance matching of a disbursement of the Department of Defense

with a particular obligation in the case of (1) a disbursement

involving deployed forces, (2) a disbursement for an operation in

a war declared by Congress or a national emergency declared by

the President or Congress, or (3) a disbursement under any other

circumstances for which the waiver is necessary in the national

security interests of the United States, as determined by the Sec-
H. R. 4650—57

retary and certified by the Secretary to the congressional defense

committees.

(e) This section shall not be construed to limit the authority

of the Secretary of Defense to require that a disbursement not

in excess of the amount applicable under subsection (b) be matched

to a particular obligation before the disbursement is made.

SEC. 8138. SENSE OF SENATE ON NEGOTIATION OF LIMITATIONS ON

NUCLEAR WEAPONS TESTING.

(a) FINDINGS.—The Senate finds the following:

(1) On January 25, 1994, the United States joined with

37 other nations to begin negotiations for a comprehensive

treaty to ban permanently all nuclear weapons testing.

(2) On March 14, 1994, the President decided to extend

the current United States nuclear testing moratorium at least

through September 1995.

(3) Germany and the Group of 21 Non-Aligned States have

publicly stated their support for the completion of a comprehensive nuclear test ban treaty by 1995.

(4) On June 6, 1994, the People’s Republic of China conducted its second nuclear weapons test explosion since the

United States, Russia, and France initiated their current

nuclear test moratoria.

(5) On September 7, 1994, the third and final test ban

negotiating session of the year will end.

(6) While some progress toward a comprehensive nuclear

test ban treaty has been achieved, there is little chance that

an agreement will be reached before April 1995 at the current

rate of negotiation. (7) The United States is seeking to extend indefinitely

the Non-Proliferation Treaty at the April 1995 Extension Conference.

(8) Conclusion of a comprehensive nuclear test ban treaty

could contribute toward successful negotiations to extend the

Non-Proliferation Treaty. (9) Agreements to eliminate nuclear testing and control

the spread of nuclear weapons could contribute to national

security of the United States, its allies, and other nations

around the world.

(b) SENSE OF SENATE.—The Senate—

(1) applauds the President for maintaining the United

States nuclear testing moratorium and for supporting the negotiation of a comprehensive nuclear test ban treaty; (2) encourages the People’s Republic of China and all other

nuclear powers to refrain from conducting nuclear explosions

prior to conclusion of a comprehensive nuclear test ban treaty;

and

(3) urges the President and the other nuclear powers to

take measures necessary to achieve a multilateral comprehensive nuclear test ban treaty before the Non-Proliferation Treaty

Extension Conference.

(c) DEFINITION.—As used in this section, the term ‘‘Non-Proliferation Treaty’’ means the Treaty on the Non-Proliferation of

Nuclear Weapons, done at Washington, London, and Moscow on

July 1, 1968 (21 U.S.T. 483).

SEC. 8139. Notwithstanding any other provision of law, the

Secretary of a military department may enter into a contract for
H. R. 4650—58

use of commercial or proprietary credit card services for augmenting

or replacing any in-house account receivable system in use by

a nonappropriated fund instrumentality under the jurisdiction of

that Secretary if the Secretary determines that such contract is

in the best interest of that department: Provided, That any Department of Defense initiative to contract for credit card services shall

require full and open competitive procedures and be based on the

program concepts determined by the military department(s) morale,

welfare and recreation (MWR) and service division(s) affected by

such initiative.

SEC. 8140. It is the sense of the Congress that the Secretary

of Defense should name the new research facility under construction

to house the Walter Reed Army Institute of Research, in honor

of Senator Daniel K. Inouye.

SEC. 8141. Notwithstanding any other provision of law, within

the funds made available by this Act, the Department of Defense

shall pay the appropriate amount of Aviation Continuation Pay

authorized by 37 U.S.C. 301(b) to the survivors of persons who

have signed reenlistment contracts on or after January 1, 1994,

but whose service connected death predates the effective date of

such reenlistment contract by less than 14 days.

SEC. 8142. It is the sense of the Congress that not later than

90 days after the enactment of this Act, the Department of Defense

shall submit all documents pertaining to any and all Department

of Defense chemical and biological warfare tests involving the use

of zinc cadmium sulfide conducted anywhere in the United States.

SEC. 8143. None of the funds made available under this Act

may be obligated or expended for the relocation or reduction of

the functions specified in the 1991 and 1993 Reports to the President of the Defense Base Closure and Realignment Commission

to be maintained at Fort Chaffee, Arkansas, including all civilian

management, support personnel and operations associated with

these functions that were in existence as of September 30, 1994.

SEC. 8144. All refunds or other amounts collected in the

administration of the Civilian Health and Medical Program of the

Uniformed Services (CHAMPUS) shall be credited to current year

appropriations.

SEC. 8145. SENSE OF THE SENATE CONCERNING LOWRY AFB.

It is the sense of the Senate that—

(1) in issuing any lease, permit or deed of conveyance

for use to assist the homeless under the Stewart B. McKinney

Homeless Assistance Act concerning Lowry Air Force Base,

Colorado, the Secretary of Health and Human Services, representatives of the city of Denver, Colorado, representatives

of the city of Aurora, Colorado and representatives of homeless

providers whose applications have been approved by the Secretary of Health and Human Services should jointly determine

that such use is reasonable under the redevelopment plan

for Lowry Air Force Base, Colorado; and

(2) the Department of Defense and the Department of

Health and Human Services, in coordination with the appropriate committees of Congress and appropriate State and local

authorities, should develop a reform proposal to address the

many difficulties created for local communities by existing laws

relating to the loan, lease or conveyance for use of government

property during the base closure process.
H. R. 4650—59

SEC. 8146. (a) None of the funds appropriated in this Act

for a second low rate initial production (LRIP) contract or contract

option for the Hunter unmanned aerial vehicle (UAV) system may

be obligated until the Department of Defense certifies to the

congressional defense committees that—

(1) two Hunter UAV systems have been accepted by the

Government using the currently defined Acceptance Test Procedure;

(2) the operational tempo (OPTEMPO) phase of the risk

reduction program has been successfully completed; and

(3) the flight test portion of the first article test (FAT)

has been successfully completed.

(b) None of the funds appropriated in this Act may be obligated

to procure more than four Hunter UAV systems until the Logistics

Support Analysis (LSA) report has been submitted to the relevant

committees of Congress and the Department of Defense has certified

to these committees that the LSA is sufficient to fully support

fielding of the Hunter UAV.

SEC. 8147. Of the funds appropriated by title VIII of Public

Law 102–396 (106 Stat. 1899) for defense reinvestment for economic

growth, the unobligated balance of the funds made available by

such title for military service members occupational conversion

and training shall remain available for obligation until September

30, 1995.

SEC. 8148. Under the heading ‘‘Humanitarian Assistance’’ in

title II of this Act, on line one, strike ‘‘For transportation for’’

and insert in lieu thereof ‘‘For’’: Provided, That the proviso contained under this heading in the Department of Defense Appropriations Act for 1994 (Public Law 103–139) is hereby repealed.

SEC. 8149. None of the funds appropriated in this Act may

be transferred to or obligated from the Pentagon Reservation

Maintenance Revolving Fund, unless the Secretary of Defense certifies that the total cost for the planning design, construction and

installation of equipment for the renovation of the Pentagon Reservation will not exceed $1,218,000,000.

SEC. 8150. In addition to amounts appropriated elsewhere in

this Act to the Department of Defense, $14,200,000 is authorized

and appropriated only for the Utility Reconfiguration Project at

the Philadelphia Naval Complex.

SEC. 8151. Notwithstanding section 303(a) (5) and (6) of the

Defense Production Act, or any other provision of law, the Department of Defense will negotiate and award an appropriate contract

to the sole domestic producer of nuclear steam generator tubing

for aircraft carriers, in an amount not to exceed $17,500,000 from

funds provided in Public Law 103–139 for Defense Production Act

Purchases.

SEC. 8152. (a) Of the funds appropriated under the heading

‘‘Research, Development, Test and Evaluation, Navy’’ in title IV

of this Act, $3,900,000 shall be made available only for the Joint

Primary Aircraft Training System (JPATS) program.

(b) Of the funds appropriated under the heading ‘‘Research,

Development, Test and Evaluation, Air Force’’ in title IV of this

Act, $37,057,000 shall be made available only for the JPATS program.

(c) Of the funds appropriated under the heading ‘‘Aircraft

Procurement, Air Force’’ in title III of this Act, $93,265,000 shall

be made available only for the JPATS program.
H. R. 4650—60

SEC. 8153. No funds appropriated by this Act may be obligated

or expended during fiscal year 1995 for retiring, or preparing to

retire, any B–52H, B–1B, or F–111 bomber aircraft.

SEC. 8154. (a) None of the funds available to the Department

of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or

agency of the United States except as specifically provided in an

appropriations law.

(b) None of the funds available to the Central Intelligence

Agency for any fiscal year for drug interdiction and counter-drug

activities may be transferred to any other department or agency

of the United States except as specifically provided in an appropriations law.

SEC. 8155. AMENDMENTS TO PUBLIC LAW 103–317 (INCLUDING

RESCISSION).—(a) Of the funds appropriated under the heading,

‘‘Contributions to International Organizations’’ in Public Law 103–

317, $4,561,000 are rescinded. In addition, under this heading in

said Public Law, delete ‘‘, of which not to exceed $4,000,000 is

available to pay arrearages, the payment of which’’ and substitute

‘‘: Provided, That any payment of arrearages made from these

funds’’.

(b) Under the heading, ‘‘Payment to the Asia Foundation’’ in

Public Law 103–317, delete ‘‘$10,000,000’’ and substitute

‘‘$15,000,000’’.

(c) Under the heading ‘‘Securities and Exchange Commission’’,

‘‘Salaries and Expenses’’, in Public Law 103–317, insert the

following:

‘‘For an additional amount for ‘‘Salaries and Expenses’’,

$192,000,000: Provided, That such amount is available only upon

enactment of legislation that continues for fiscal year 1995 the

rate of fees collected under section 6(b) of the Securities Act of

1933 (15 U.S.C. 77f(b)), as provided by Public Law 103–121 (107

Stat. 1168), at 1/29th of one percent and that deposits the difference

in such fees (between 1/50th of one percent and 1/29th of one

percent) as an offsetting collection to this appropriation: Provided

further, That the total amount appropriated for fiscal year 1995

under this heading shall be reduced as such fees are deposited

to this appropriation so as to result in a final total fiscal year

1995 appropriation from the General Fund estimated at not more

than $74,856,000: Provided further, That any such fees collected

in excess of $192,000,000 in fiscal year 1995 shall remain available

until expended, but shall not be available for obligation until October 1, 1995.’’.

SEC. 8156. Of the amounts provided in title III of this Act,

$304,900,000 are permanently canceled: Provided, That the Secretary of Defense shall allocate the amount of budgetary resources

canceled by this section in an equal percentage to each program,

project and activity funded in title III of this Act.
H. R. 4650—61

(RESCISSION)

SEC. 8157. Of the funds provided in Department of Defense

Appropriations Acts, the following funds are hereby rescinded from

the following account in the specified amount:

‘‘Aircraft Procurement, Navy, 1993/1995’’, $200,000,000.

(TRANSFER OF FUNDS)

SEC. 8158. Of the funds provided in title II of this Act under

the heading ‘‘Operation and Maintenance, Defense-Wide’’,

$500,000,000 shall be transferred to the following accounts in the

specified amounts:

‘‘Operation and Maintenance, Army’’, $140,000,000;

‘‘Operation and Maintenance, Navy’’, $140,000,000;

‘‘Operation and Maintenance, Marine Corps’’, $80,000,000;

‘‘Operation and Maintenance, Air Force’’, $140,000,000.

Titles I through VIII of this Act may be cited as the ‘‘Department of Defense Appropriations Act, 1995’’.

TITLE IX—FISCAL YEAR 1994 SUPPLEMENTAL

APPROPRIATION

The following sum is appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending

September 30, 1994, namely:

DEPARTMENT OF DEFENSE

MANAGEMENT FUNDS

EMERGENCY RESPONSE FUND

For the ‘‘Emergency Response Fund’’, $299,300,000: Provided,

That these funds may be used to reimburse other appropriations

of the Department of Defense available during fiscal year 1994

for costs incurred before the date of the enactment of this Act

for emergency relief for Rwanda and for emergency migrant processing and safe haven costs in or around Cuba and may be used

to reimburse other appropriations available to the Department of

Defense for costs incurred for the same purposes: Provided further,

That the entire amount under this heading is designated by Congress as an emergency requirement pursuant to section

251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That any change

in the United States mission in Rwanda from one of strict refugee

relief to security, peace-enforcing, or nation-building or any other

substantive role shall not be implemented without the further
H. R. 4650—62

approval of the Congress: Provided further, That no funds provided

in this Act are available for United States military participation

to continue Operation Support Hope in or around Rwanda after

October 7, 1994, except for any action that is necessary to protect

the lives of United States citizens.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.