H. R. 2126—21
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.
(TRANSFER OF FUNDS)
SEC. 8021. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred 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. 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,
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced 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 manufac-
tured outside the United States: Provided further, That when ade-
quate 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. 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 inpatient mental health service
H. R. 2126—22
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 limita-
tion 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 profes-
sional 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. Of the funds made available by this Act in title
III, Procurement, $8,000,000, drawn pro rata from each appropria-
tions 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 contrac-
tors which have submitted subcontracting plans pursuant to 15
U.S.C. 637(d), and according to regulations which shall be promul-
gated by the Secretary of Defense within 90 days of the passage
of this Act.
SEC. 8025. 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. 8026. 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 marksmanship competitions.
SEC. 8027. 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 mem-
ber states a separate account into which such residual value
amounts negotiated in the return of United States military installa-
tions 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 mili-
tary forces in that host nation, or such real property maintenance
and base operating costs that are currently executed through mone-
tary transfers to such host nations: 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
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 reported to the congressional defense committees, and the
Committee on International Relations of the House of Representa-
H. R. 2126—23
tives and the Committee on Foreign Relations of the Senate thirty
days prior to the conclusion and endorsement of any such agreement
established under this provision.
SEC. 8028. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, or M–1911 pistols.
SEC. 8029. 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. 8030. 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. 8031. None of the funds appropriated during the current
fiscal year and hereafter, 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 rep-
resented as such in future budget proposals.
SEC. 8032. 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. 8033. 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 not-
withstanding any other provision of law, funds available to the
Department of Defense shall be made available to provide transpor-
tation 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. 8034. 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. 8035. 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.
H. R. 2126—24
SEC. 8036. 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, or
12406 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 terri-
tory 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.
SEC. 8037. 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. 8038. 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. 8039. 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 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 require-
ments of this section in the interest of national security.
SEC. 8040. Notwithstanding any other provision of law or regu-
lation, 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.