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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, Armed Services, and Na-
tional Security 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 pro-
viders 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 deter-
mines 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 (ex-
cept that the reduction may be waived if the Secretary de-
termines that it would impair adequate access to health
care services for beneficiaries). The Secretary shall solicit
public comment prior to promulgating regulations to imple-
ment this section. Such regulations shall include a limita-
tion, similar to that used under title XVIII of the Social
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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 em-
ploys 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, un-
less the Committees on Appropriations and Armed Services
of the Senate and House of Representatives have been noti-
fied at least thirty days in advance of the proposed contract
award: Provided, That no part of any appropriation con-
tained 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 Gov-
ernment’s liability: Provided further, That no part of any
appropriation contained in this Act shall be available to
initiate 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 notifica-
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tion to the Committees on Appropriations and Armed Serv-
ices of the House of Representatives and the Senate: Pro-
vided further, That the execution of multiyear authority
shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
UH–60 Blackhawk helicopter;
Apache Longbow helicopter; and
M1A2 tank upgrade.
SEC. 8011. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by 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 assist-
ance 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 re-
ported to Congress on September 30 of each year: Provided,
That funds available for operation and maintenance shall
be available for providing humanitarian and similar assist-
ance by using Civic Action Teams in the Trust Territories
of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as
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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 pro-
vision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for ci-
vilian patients from American Samoa, the Commonwealth
of the Northern Mariana Islands, the Marshall Islands, the
Federated States of Micronesia, Palau, and Guam.
SEC. 8012. None of the funds provided in this Act shall
be available either to return any IOWA Class Battleships
to the Naval Register, or to retain the logistical support
necessary for support of any IOWA Class Battleships in
active service.
SEC. 8013. (a) The provisions of section 115(a)(4) of
title 10, United States Code, shall not apply with respect
to fiscal year 1996 or with respect to the appropriation of
funds for that year.
(b) During fiscal year 1996, the civilian personnel of
the Department of Defense may not be managed on the basis
of any end-strength, 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
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of such personnel who may be employed on the last day
of such fiscal year.
(c) The fiscal year 1997 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 1997 De-
partment 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. 8014. 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 Co-
lumbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Person-
nel Manual: Provided further, That workyears expended in
dependent student hiring programs for disadvantaged
youths shall not be included in this workyear limitation.
SEC. 8015. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8016. None of the funds appropriated by this Act,
during the current fiscal year and hereafter, shall be obli-
gated for the pay of any individual who is initially em-
ployed after the date of enactment of this Act as a techni-
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cian in the administration and training of the Army Re-
serve and the maintenance and repair of supplies issued
to the Army Reserve unless such individual is also a mili-
tary member of the Army Reserve troop program unit that
he or she is employed to support. Those technicians em-
ployed by the Army Reserve in areas other than Army Re-
serve troop program units need only be members of the Se-
lected Reserve.
SEC. 8017. Notwithstanding any other provision of
law, during the current fiscal year and hereafter, the Sec-
retaries of the Army and Air Force may authorize the reten-
tion 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. 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 serv-
ices who, on or after the date of enactment of this Act—
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(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 Sec-
retary 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 mem-
ber 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, 1989, under a
program continued or established by the Secretary of De-
fense in fiscal year 1991 to test the cost-effective use of spe-
cial recruiting incentives involving not more than nineteen
noncombat arms skills approved in advance by the Sec-
retary of Defense: Provided further, That this subsection ap-
plies 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 mem-
ber 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
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completion of a service commitment: Provided, That this
subsection shall not apply to those members who have reen-
listed with this option prior to October 1, 1987: Provided
further, That this subsection applies only to active compo-
nents 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 re-
main 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 analy-
sis is completed on such activity or function and certifi-
cation of the analysis is made to the Committees on Appro-
priations 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
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that: (1) is included on the procurement list established pur-
suant 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 ac-
cordance with that Act; or (3) is planned to be converted
to performance by a qualified firm under 51 percent Native
American ownership.
SEC. 8021. Notwithstanding any other provision of
law, the Secretary of the Navy may use funds appropriated
to charter ships to be used as auxiliary minesweepers pro-
viding that the owner agrees that these ships may be acti-
vated as Navy Reserve ships with Navy Reserve crews used
in training exercises conducted in accordance with law and
policies governing Naval Reserve forces.
SEC. 8022. 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 Emer-
gency 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 ac-
tivity for appropriations contained in this Act shall be de-
fined as the most specific level of budget items identified
in the Department of Defense Appropriations Act, 1996, the
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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 modi-
fied 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 ac-
tivity’’ 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 1997, the Department of Defense shall trans-
mit to the Committees on Appropriations and the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives 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 re-
quested by the President to be appropriated to the Depart-
ment of Defense for operation and maintenance in any
budget request, or amended budget request, for fiscal year
1997.
SEC. 8023. 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
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for incentive payments authorized by section 504 of the In-
dian Financing Act of 1974, 25 U.S.C. 1544. These pay-
ments shall be available only to contractors which have sub-
mitted 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. 8024. 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 unless such
handguns are the M9 or M11 9mm Department of Defense
standard handguns, or (2) offensive handguns except for the
Special Operations Forces: Provided, That the foregoing
shall not apply to handguns and ammunition for marks-
manship competitions.
(TRANSFER OF FUNDS)
SEC. 8025. 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 sequestra-
tion set forth in the Balanced Budget and Emergency Defi-
cit Control Act of 1985 (Public Law 99–177) as amended
by the Balanced Budget and Emergency Deficit Control Re-
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affirmation 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: Pro-
vided, 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 mainte-
nance 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 Bal-
anced Budget and Emergency Deficit Control Reaffirma-
tion 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 provi-
sion.
SEC. 8026. None of the funds available to the Depart-
ment 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
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includes charges for interport differential as an evaluation
factor for award.
SEC. 8027. 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 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 pro-
fessional 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 serv-
ices 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 pursu-
ant to a waiver authorized by the Secretary of Defense be-
cause of medical or psychological circumstances of the pa-
tient that are confirmed by a health professional who is not
a Federal employee after a review, pursuant to rules pre-
scribed by the Secretary, which takes into account the ap-
propriate level of care for the patient, the intensity of serv-
ices required by the patient, and the availability of that
care.
SEC. 8028. Funds available in this Act may be used
to provide transportation for the next-of-kin of individuals
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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 pre-
scribe.
SEC. 8029. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa: Provided, That notwithstanding any other
provision of law, funds available to the Department of De-
fense 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 conjunc-
tion with a civil-military project.
SEC. 8030. 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 uti-
lized only for the construction of facilities to support United
States military forces in that host nation, or such real prop-
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erty maintenance and base operating costs that are cur-
rently executed through monetary transfers to such host na-
tions: Provided further, That the Department of Defense’s
budget submission for fiscal year 1997 shall identify such
sums anticipated in residual value settlements, and identify
such construction, real property maintenance or base oper-
ating costs that shall be funded by the host nation through
such credits: Provided further, That all military construc-
tion projects to be executed from such accounts must be pre-
viously approved in a prior Act of Congress: Provided fur-
ther, 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 Rep-
resentatives and the Senate thirty days prior to the conclu-
sion and endorsement of any such agreement established
under this provision.
SEC. 8031. None of the funds available to the Depart-
ment of Defense in this Act shall be used to demilitarize
or dispose of more than 310,784 unserviceable M–1 Garand
rifles and M–1 Carbines.
SEC. 8032. 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.
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SEC. 8033. None of the funds appropriated during the
current fiscal year and hereafter, may be used by the De-
partment 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. 8034. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
in fiscal year 1996 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 requir-
ing the contractor to employ, for the purpose of performing
that portion of the contract in such State that is not contig-
uous with another State, individuals who are residents of
such State and who, in the case of any craft or trade, pos-
sess 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. 8035. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Colum-
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bia may be used for the pay, allowances, and benefits of
an employee as defined by section 2105 of title 5 or an indi-
vidual employed by the government of the District of Co-
lumbia, 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 mili-
tary 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
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and 6323(b) of title 5, if such employee is other-
wise entitled to such annual leave:
Provided, That any employee who requests leave under sub-
section (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.
SEC. 8036. 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 ini-
tiation of such study with respect to a single function activ-
ity or forty-eight months after initiation of such study for
a multi-function activity.
SEC. 8037. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8038. 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 Af-
fairs by section 7455 of title 38, United States Code.