H. R. 4650—36
amounts as are necessary from the assets of the Voluntary Separa-
tion 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 pro-
grams 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 pro-
posed 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 Account-
ing 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, oper-
ated 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 appropria-
tion for that fiscal year for salaries and expenses related to adminis-
trative 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 appro-
priated 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 avail-
able 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 domestic-
operated entity: Provided, That the Secretary of the military depart-
ment 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 Depart-
ment 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 avail-
able 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 Oper-
ations 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 pur-
chase 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 documenta-
tion 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 budg-
eted 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 Depart-
ment 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 non-
Senior Intelligence Service positions: Provided further, That in mak-
ing 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 appro-
priated for the Reserve for Contingencies, which shall remain avail-
able 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 provi-
sions 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 Gen-
eral 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 Organiza-
tion (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 nec-
essary, and may adapt the Medicare requirements and procedures
to the circumstances of the CHAMPUS PRO Program as the Sec-
retary determines appropriate.
SEC. 8087. Notwithstanding any other provision of law,
reimbursements received from the North Atlantic Treaty Organiza-
tion for the E–3 Airborne Warning and Control System (AWACS)
Radar System Improvement Program (RSIP) attributable to devel-
opment 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.