H. R. 3116—30
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. 8031. 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 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. 8032. 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. 8033. During the current fiscal year and thereafter, of
the funds appropriated, reimbursable expenses incurred by the
Department of Defense on behalf of the Soviet Union or its successor
entities in monitoring United States implementation of the Treaty
Between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-Range
or Shorter-Range Missiles (‘‘INF Treaty’’), concluded December 8,
1987, may be treated as orders received and obligation authority
for the applicable appropriation, account, or fund increased accord-
ingly. Likewise, any reimbursements received for such costs may
be credited to the same appropriation, account, or fund to which
the expenses were charged: Provided, That reimbursements which
are not received within one hundred and eighty days after submis-
sion of an appropriate request for payment shall be subject to
interest at the current rate established pursuant to section
2(b)(1)(B) of the Export-Import Bank Act of 1945 (59 Stat. 526).
Interest shall begin to accrue on the one hundred and eighty-
first day following submission of an appropriate request for pay-
ment: Provided further, That funds appropriated in this Act may
be used to reimburse United States military personnel for reason-
able costs of subsistence, at rates to be determined by the Secretary
of Defense, incurred while accompanying Soviet Inspection Team
members or inspection team members of the successor entities
of the Soviet Union engaged in activities related to the INF Treaty:
Provided further, That this provision includes only the in-country
period (referred to in the INF Treaty) and is effective whether
such duty is performed at, near, or away from an individual’s
permanent duty station.
SEC. 8034. 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
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H. R. 3116—31
an annual meeting in the United States, under such regulations
as the Secretary of Defense may prescribe.
SEC. 8035. None of the funds available to the Department
of Defense shall be obligated or expended for (or to implement)
automatic data processing, data processing center, central design
activity, DMRD 918, defense information infrastructure, and mili-
tary or civilian personnel function consolidation plans, consolida-
tions, and disestablishment or realignment plans that impact, in
terms of reductions in force or transfers in military and civilian
personnel, end strength, billets, functions, or missions, the Enlisted
Personnel Management Center, the Naval Computer and Tele-
communications Station, New Orleans, and the Naval Reserve
Personnel Center until sixty legislative days after the Secretary
of Defense submits to the House and Senate Committees on Appro-
priations a report, including complete review comments and a
validation by the Department of Defense Comptroller, justifying
and validating that such plans and actions: (1) do not consolidate,
plan to consolidate, disestablish or realign Department of Defense
or Service data processing functions or centers, central design activi-
ties, or military and civilian personnel functions and activities,
or claim savings from such function and activity consolidations
and disestablishment, realignment, or consolidation plans, that are
in more than one defense management report plan or decision
or any other Department of Defense or Service consolidation, dis-
establishment or realignment plan; (2) utilize criteria to evaluate,
measure and compare, using objective measurements, how data
processing centers, central design activities, military and civilian
personnel functions and activities are ranked in terms of operational
readiness, customer satisfaction, and the most cost effective and
least expensive from a business performance, and regional oper-
ations cost standpoint; (3) will provide equal or better service for
DOD customers; (4) provide details as to the impacts on the quality
of life and benefits of the individual service person, dependents,
and civilian personnel; and (5) will not adversely impact the mission
and readiness of the Navy and Naval Reserves: Provided, That
funds made available to the Department of Defense shall be avail-
able to implement the 1993 Defense Base Closure and Realignment
Commission approved recommendations concerning the Enlisted
Personnel Management Center and the Naval Computer and Tele-
communications Station, New Orleans.
SEC. 8035A. Such sums as may be necessary for fiscal year
1994 pay raises for programs funded by this Act shall be derived
from funds within the amounts appropriated in this Act.
SEC. 8036. 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 1995
shall identify such sums anticipated in residual value settlements,
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H. R. 3116—32
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 Committees on Appropriations and Armed Serv-
ices of the House of Representatives and the Senate thirty days
prior to the conclusion and endorsement of any such agreement
established under this provision.
SEC. 8037. All obligations incurred in anticipation of the appro-
priations and authority provided in this Act are hereby ratified
and confirmed if otherwise in accordance with the provisions of
this Act.
SEC. 8038. None of the funds available to the Department
of Defense in this Act shall be used to demilitarize or dispose
of more than 310,784 unserviceable M1 Garand rifles and M1
Carbines.
SEC. 8039. 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. 8040. 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 determination: Provided, That
savings that result from this provision are represented as such
in future budget proposals.
SEC. 8041. Of the funds appropriated by this Act, no more
than $18,500,000 shall be available for the mental health care
demonstration project at Fort Bragg, North Carolina: Provided,
That adjustments may be made for normal and reasonable price
and program growth.
SEC. 8042. 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. 8043. 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, and until thirty legislative days after
the final General Accounting Office report on the aforesaid contract
is submitted for review to the Committees on Appropriations of
the House of Representatives and the Senate: Provided, That funds
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H. R. 3116—33
necessary for the care of animals covered by this contract are
allowed.
SEC. 8044. 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. 8045. The Secretary of Defense shall include in any base
closure and realignment plan submitted to Congress after the date
of enactment of this Act, a complete review for the five-year period
beginning on October 1, 1993, which shall include expected force
structure and levels for such period, expected installation require-
ments for such period, a budget plan for such period, the cost
savings expected to be realized through realignments and closures
of military installations during such period, an economics model
to identify the critical local economic sectors affected by proposed
closures and realignments of military installations and an assess-
ment of the economic impact in each area in which a military
installation is to be realigned or closed.
SEC. 8046. 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:
Provided further, That no funds appropriated or made available
in this Act shall be used for the relocation into the National Capital
Region of the Air Force Office of Medical Support located at Brooks
Air Force Base.
SEC. 8046A. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense in fiscal year
1994 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. 8047. 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—
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