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 Appro-
priations and Armed Services of the Senate and House of Represent-
atives.
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 imple-
ment this section. Such regulations shall include a limitation, simi-
lar 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 quan-
tity procurement in excess of $20,000,000 in any one year, unless
the Committees on Appropriations and Armed Services of the Sen-
ate 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 quan-
tity 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 fur-
ther, That no multiyear procurement contract can be terminated
without 10-day prior notification to the Committees on Appropria-
tions 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 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:
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 appro-
priated 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: Pro-
vided, 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 Sec-
retary 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 quali-
fied Indian Tribal corporation or Alaska Native Corporation furnish-
ing the product of a responsible small business concern shall not
be denied the opportunity to compete for and be awarded a procure-
ment 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 Depart-
ment 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 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 mainte-
nance 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 other-
wise 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 mem-
ber 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 limita-
tions 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 fur-
ther, 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 peri-
ods, 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 devel-
opmental 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 author-
ity 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