datamatters24/research-document-archive huggingface dataset:
HR 2126 PP
computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percent-
age 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 De-
fense foreign service national employees serving at United
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980.
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 ap-
propriations in this Act which are limited for obligation
during a single fiscal year shall be obligated during the
last two months of such 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.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment 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 con-
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struction) 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 re-
quirements, than those for which originally appropriated
and in no case where the item for which funds are re-
quested has been denied by Congress: Provided further,
That only for valid Ship Cost Adjustments related to the
Shipbuilding and Construction, Navy Appropriation such
authority to transfer may be used to transfer funds made
available in this or any previous Department of Defense
Appropriations Act subject to the same conditions re-
quired elsewhere in this paragraph: Provided further, That
the Secretary of Defense shall notify the Congress prompt-
ly 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 bal-
ances in working capital funds of the Department of De-
fense 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 disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds and the ‘‘Foreign
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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 appro-
priated 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 Repub-
lic
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 mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal serv-
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ices, 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
congressional defense committees.
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 non-institutional health care provid-
ers in excess of the amounts allowed in fiscal year 1995
for similar services, except that: (a) for services for which
the Secretary of Defense determines an increase is justi-
fied 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 Sec-
retary determines are overpriced based on allowable pay-
ments 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 regula-
tions to implement this section. Such regulations shall in-
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clude a limitation, similar to that used under title XVIII
of the Social Security Act, on the extent to which a pro-
vider 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 in-
cludes 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 congressional defense committees
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 multiyear procurement con-
tracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 un-
less specifically provided in this Act: Provided further,
That no multiyear procurement contract can be termi-
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nated without 10-day prior notification to the congres-
sional defense committees: Provided further, That the exe-
cution 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:
E–2C aircraft;
AV–8B aircraft remanufacture;
T–45 aircraft.
SEC. 8011. Within the funds appropriated for the op-
eration 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 chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported to Congress on September 30 of
each year: Provided, That funds available for operation
and maintenance shall be available for providing humani-
tarian 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
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of Free Association as authorized by Public Law 99–
239.
SEC. 8012. (a) During fiscal year 1996, the civilian
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment 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.
(b) The fiscal year 1997 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 1997
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 1997.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8013. 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 Per-
sonnel Manual: Provided further, That workyears ex-
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pended in dependent student hiring programs for dis-
advantaged 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 in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8015. None of the funds appropriated for the
Department of Defense during the current fiscal year and
hereafter 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 pro-
gram 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, during the current fiscal year and hereafter the Sec-
retaries of the Army and Air Force may authorize the re-
tention 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 techni-
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cian in a position in which active status in a reserve com-
ponent of the Army or Air Force is required as a condition
of that employment.
SEC. 8017. (a) None of the funds appropriated by
this Act shall be used to make contributions to the Depart-
ment of Defense Education Benefits Fund pursuant to
section 2006(g) of title 10, United States Code, represent-
ing 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 enact-
ment 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 limi-
tations 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
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by the Secretary of Defense in fiscal year 1991 to test
the cost-effective use of special recruiting incentives in-
volving not more than nineteen noncombat arms skills ap-
proved in advance by the Secretary of Defense: Provided
further, That this subsection applies only to active compo-
nents 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 Af-
fairs 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 ac-
tive components of the Army.
SEC. 8018. Funds appropriated for the Department
of Defense during the current fiscal year and hereafter
shall be available for the payment of not more than 75
percent of the charges of a postsecondary educational in-
stitution for the tuition or expenses of an officer in the
Ready Reserve of the Army National Guard or Army Re-
serve for education or training during his off-duty periods,
except that no part of the charges may be paid unless the
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officer agrees to remain a member of the Ready Reserve
for at least four years after completion of such training
or education.
SEC. 8019. 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 employ-
ees until a most efficient and cost-effective organization
analysis is completed on such activity or function and cer-
tification 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 per-
formance by a qualified nonprofit agency for the blind or
by a qualified nonprofit agency for other severely handi-
capped 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.
(TRANSFER OF FUNDS)
SEC. 8020. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
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gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a
Mentor-Protege
Program
developmental
assistance
agreement pursuant to section 831 of the National De-
fense 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. 8021. Of the funds appropriated to the Army,
$147,900,000 shall be available only for the Reserve Com-
ponent Automation System (RCAS): Provided, That none
of these funds can be expended—
(1) except as approved by the Chief of the Na-
tional Guard Bureau;
(2) unless RCAS resource management func-
tions 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 char-
tered 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 Na-
tional Guard Bureau and fully defines his authority,
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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 con-
sisting of software, hardware, and communications
equipment and unless such contract continues to
preclude the use of Government furnished equip-
ment, operating systems, and executive applications
software; and
(7) unless RCAS performs its own classified in-
formation processing:
Provided further, That notwithstanding any other provi-
sion of law, none of the funds appropriated shall be avail-
able for procurement of computers for the Army Reserve
Component which are used to network or expand the capa-
bilities of existing or future information systems or dupli-
cate 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 pro-
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cured and only in the numbers and types allocated by the
RCAS program to each site; and at sites scheduled to re-
ceive 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 Na-
tional Guard Bureau or his designee, may be procured and
only in the numbers and types allocated by the RCAS pro-
gram to each site; (B) the requesting organizational ele-
ment has insufficient ADP equipment to perform adminis-
trative 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 des-
ignee, provided that the procurement is a one for one re-
placement action of existing equipment.
SEC. 8022. 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
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in the United States from components which are substan-
tially 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, That for the purpose of this section sub-
stantially 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 compo-
nents produced or manufactured in the United States ex-
ceeds 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 pro-
curement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations that such an acquisition must be made in order
to acquire capability for national security purposes.
(TRANSFER OF FUNDS)
SEC. 8023. 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 in-
patient mental health service for care received when a pa-
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tient 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 facil-
ity 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 handi-
capped 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 cir-
cumstances 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. 8024. 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. 8025. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of De-
fense may, by Executive Agreement, establish with host
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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 trans-
fers to such host nations: Provided further, That the De-
partment 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 operating costs that shall be funded
by the host nation through 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 re-
ported to the congressional defense committees, and the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate thirty days prior to the conclusion and en-
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dorsement of any such agreement established under this
provision.
SEC. 8026. None of the funds available to the De-
partment of Defense in this Act shall be used to demili-
tarize or dispose of more than 310,784 unserviceable M1
Garand rifles and M1 Carbines.
SEC. 8027. 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. 8028. 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 deter-
mination: Provided, That savings that result from this
provision are represented as such in future budget propos-
als.
SEC. 8029. 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 obli-
gated prior to the date of the enactment of this Act, except