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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
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
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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-
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
Committees on Appropriations and Armed Services of the
Senate and House of Representatives.
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 pro-
viders 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 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
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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-
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 Committees on Appropriations
and Armed Services of the Senate and House of Rep-
resentatives have been notified at least thirty days in ad-
vance 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 eco-
nomic order quantity advance procurement is not funded
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at least to the limits of the Government’s liability: Pro-
vided further, That no part of any appropriation contained
in this Act shall be available to initiate multiyear procure-
ment 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: Pro-
vided further, That no multiyear procurement contract can
be terminated without 10-day prior notification to the
Committees on Appropriations and Armed Services of the
House of Representatives and the Senate: Provided fur-
ther, That the execution of multiyear authority shall re-
quire the use of a present value analysis to determine low-
est cost compared to an annual procurement.
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-
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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
of Free Association as authorized by Public Law 99–
239: Provided further, That upon a determination by the
Secretary 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 Is-
lands, the Marshall Islands, the Federated States of Mi-
cronesia, Palau, and Guam.
SEC. 8012. Notwithstanding any other provision of
law, governments of Indian tribes shall be treated as State
and local governments for the purposes of disposition of
real property recommended for closure in the report of the
Defense Secretary’s Commission on Base Realignments
and Closures, December 1988, the report to the President
from the Defense Base Closure and Realignment Commis-
sion, July 1991, and Public Law 100–526.
SEC. 8012. Notwithstanding any other provision of
law, a qualified Indian Tribal corporation or Alaska Native
Corporation furnishing the product of a responsible small
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business concern shall not be denied the opportunity to com-
pete for and be awarded a procurement contract pursuant
to section 2323 of title 10, United States Code, solely be-
cause the Indian Tribal corporation or Alaska Native Cor-
poration 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 re-
spect to fiscal year 1995 or with respect to the appropria-
tion of funds for that year.
(b) During fiscal year 1995, the civilian personnel of
the Department 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 De-
partment of Defense as well as all justification material
and other documentation 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.
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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 Co-
lumbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Person-
nel 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 in-
fluence congressional action on any legislation or appro-
priation 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 maintenance and repair of sup-
plies 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.
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SEC. 8016. Notwithstanding any other provision of
law, the Secretaries of the Army and Air Force may au-
thorize the retention 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 technician in a position in which active status
in a reserve component of the Army or Air Force is re-
quired 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 medi-
cal treatment facilities.
SEC. 8018. (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
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(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
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,
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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. 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 Re-
serve of the Army National Guard or Army Reserve for
education or training during his off-duty periods, 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 edu-
cation.
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 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
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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.
SEC. 8021. None of the funds made available by this
Act may be obligated for the acquisition of major auto-
mated information systems which have not successfully
completed oversight reviews required by Department of
Defense regulations: Provided, That the automated infor-
mation systems oversight review board will be independent
of any other Department review function and chaired by
the Assistant Secretary of Defense for Command, Control,
Communications and Intelligence: Provided further, That
except for those programs to modernize and develop mi-
gration and standard automated information systems that
have been certified by the Department’s senior informa-
tion resource management (IRM) official as being fully
compliant with the Department’s information manage-
ment initiative as defined in Defense Department Direc-
tive 8000.1, no funds may be expended for modernization
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or development of any automated information system
(AIS) by the military departments, services, defense agen-
cies, Joint Staff or Military Commands in excess of
$2,000,000 unless the senior official of the Office of the
Secretary of Defense with primary responsibility for the
functions being supported or to be supported certifies to
the Assistant Secretary of Defense for Command, Control,
Communications and Intelligence that the functional
requirement(s) is valid and that the system modernization
or development has no unnecessary duplication of other
available or planned AISs: Provided further, That 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 soft-
ware is considered to be a major category of cost.
SEC. 8021. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
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 agree-
ment pursuant to section 831 of the National Defense Au-
thorization 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.
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SEC. 8022. Notwithstanding any other provision of
law, the Secretary of the Navy may use funds appro-
priated to charter ships to be used as auxiliary mine-
sweepers providing that the owner agrees that these ships
may be activated as Navy Reserve ships with Navy Re-
serve crews used in training exercises conducted in accord-
ance with law and policies governing Naval Reserve forces:
Provided, That none of the funds appropriated or made
available in this Act may be used to inactivate, disestablish,
or discontinue the Navy’s Craft of Opportunity Program.
SEC. 8023. Funds appropriated or made available in
this Act shall be obligated and expended to continue to
fully utilize the facilities at the United States Army Engi-
neer’s Waterways Experiment Station, including the con-
tinued availability of the supercomputer capability: Pro-
vided, That none None of the funds in this Act may be
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the Armed Services and Appropriations
Committees of Congress that such an acquisition must be
made in order to acquire capability for national security
purposes that is not available from United States manu-
facturers.
SEC. 8024. For the purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law
HR 4650 RS
99–177) as amended by the Balanced Budget and Emer-
gency Deficit Control Reaffirmation Act of 1987 (Public
Law 100–119) and by the Budget Enforcement Act of
1990 (Public Law 101–508), the term program, project,
and activity for appropriations contained in this Act shall
be defined as the most specific level of budget items identi-
fied in the Department of Defense Appropriations Act,
1995, the accompanying House and Senate Committee re-
ports, the conference report and accompanying joint ex-
planatory statement of the managers of the Committee of
Conference, the related classified annexes and reports, and
the P–1 and R–1 budget justification documents as subse-
quently modified by Congressional action: Provided, That
the following exception to the above definition shall apply:
For the Military Personnel and the Operation and
Maintenance accounts, the term ‘‘program, project, and
activity’’ is defined as the appropriations accounts con-
tained in the Department of Defense Appropriations Act:
Provided further, That at the time the President submits
his budget for fiscal year 1996, the Department of De-
fense shall transmit to the Committees on Appropriations
and the Committees on Armed Services of the Senate and
the House of Representatives a budget justification docu-
ment to be known as the ‘‘O–1’’ which shall identify, at
the budget activity, activity group, and subactivity group
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level, the amounts requested by the President to be appro-
priated to the Department of Defense for operation and
maintenance in any budget request, or amended budget
request, for fiscal year 1996.
SEC. 8025. Of the funds appropriated to the Army,
$223,736,000 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,
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
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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-
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-
HR 4650 RS
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. 8025. Of the funds made available by this Act
in title III, Procurement, $8,000,000, drawn pro rata from
each appropriations account in title III, shall be available
for incentive payments authorized by section 504 of the In-
dian Financing Act of 1974, 25 U.S.C. 1544. These pay-
ments shall be available only to contractors which have sub-
mitted subcontracting plans pursuant to 15 U.S.C. 637(d),
and according to regulations which shall be promulgated
by the Secretary of Defense within 90 days of the passage
of this Act.
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SEC. 8026. 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 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.
HR 4650 RS
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 or defensive
handgun ammunition unless such handguns or handgun
ammunition are the M9 9mm Department of Defense stand-
ard handgun or ammunition for such handguns, or (2) of-
fensive handguns and ammunition except for the Special
Operations Forces: Provided, That the foregoing shall not
apply to handguns for marksmanship competitions.
(TRANSFER OF FUNDS)
SEC. 8027. Notwithstanding any other provision of
law, the Department of Defense may transfer prior year,
unobligated balances and funds appropriated in this Act
to the operation and maintenance appropriations for the
purpose of providing military technician and Department
of Defense medical personnel pay and medical programs
(including CHAMPUS) the same exemption from seques-
tration set forth in the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99–177) as
amended by the Balanced Budget and Emergency Deficit
Control Reaffirmation Act of 1987 (Public Law 100–119)
and by the Budget Enforcement Act of 1990 (Public Law
101–508) as that granted the other military personnel ac-
counts: Provided, That any transfer made pursuant to any
use of the authority provided by this provision shall be
limited so that the amounts reprogrammed to the oper-
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ation and maintenance appropriations do not exceed the
amounts sequestered under the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99–
177) as amended by the Balanced Budget and Emergency
Deficit Control Reaffirmation Act of 1987 (Public Law
100–119) and by the Budget Enforcement Act of 1990
(Public Law 101–508): Provided further, That the author-
ity to make transfers pursuant to this section is in addi-
tion to the authority to make transfers under other provi-
sions of this Act: Provided further, That the Secretary of
Defense may proceed with such transfer after notifying
the Appropriations Committees of the House of Rep-
resentatives and the Senate twenty calendar days in ses-
sion before any such transfer of funds under this provi-
sion.
SEC. 8028. None of the funds available to the De-
partment of the Navy may be used to enter into any con-
tract 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. 8029. 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-
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patient mental health service for care received when a pa-
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. 8030. Operational control of the Naval Reserve
Personnel Center, including its functions and responsibil-
ities, shall be under the command and control of the Com-
mander, Naval Reserve Command: Provided, That not-
withstanding any other provision of law, the one-time
costs, including the procurement or lease of new or
reutilized automatic data processing investment equip-
ment, peripheral equipment and related software, of the
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1993 Report to the President of the Defense Base Closure
and Realignment Commission or current DOD Data Cen-
ter Consolidation shall not exceed $309,000,000.
SEC. 8030. Notwithstanding any other provision of
law, none of the funds appropriated in this Act may be
used to purchase, install, replace, or otherwise repair any
lock on a safe or security container which protects informa-
tion critical to national security or any other classified ma-
terials and which has not been certified as passing the secu-
rity lock specifications contained in regulation FF–L–2740
dated October 12, 1989, and has not passed all testing cri-
teria and procedures established through February 28,
1992: Provided, That the Director of Central Intelligence
may waive this provision, on a case-by-case basis only,
upon certification that the above cited locks are not ade-
quate for the protection of sensitive intelligence informa-
tion.
SEC. 8031. 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. 8032. None of the funds available to the De-
partment of Defense shall be obligated or expended for
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(or to implement) automatic data processing, data proc-
essing center, central design activity, DMRD 918, defense
information infrastructure, and military or civilian person-
nel function consolidation plans, consolidations, and dis-
establishment 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, and the collo-
cated Naval Computer and Telecommunications Station,
the Naval Reserve Force Information Systems Office, and
the Naval Reserve Personnel Center until sixty legislative
days after the Secretary of Defense submits to the House
and Senate Committees on Appropriations a report, in-
cluding complete review comments and a validation by the
Department of Defense Comptroller, justifying and vali-
dating 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 activities, or military and civilian personnel
functions and activities, or claim savings from such func-
tion and activity consolidations and disestablishment, re-
alignment, 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 pri-
HR 4650 RS
marily weighted to evaluate, measure and compare how
data processing centers and activities, central design ac-
tivities, and 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 available
to implement the 1993 Defense Base Closure and Realign-
ment Commission approved recommendations concerning
the Enlisted Personnel Management Center and the collo-
cated Naval Computer and Telecommunications Station.
SEC. 8032. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa: Provided, That notwithstanding any other
provision of law, funds available to the Department of De-
fense shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable
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basis, to the Indian Health Service when it is in conjunc-
tion with a civil-military project.
SEC. 8033. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of De-
fense may, by Executive Agreement, establish with host
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
1996 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-
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ported to the Committees on Appropriations and Armed
Services 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. 8034. 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. 8035. 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. 8036. 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. 8037. Of the funds appropriated by this Act,
no more than $18,500,000 shall be available for the men-
tal health care demonstration project at Fort Bragg,
North Carolina: Provided, That adjustments may be made
for normal and reasonable price and program growth.
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SEC. 8038. 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
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 al-
lowed.
SEC. 8039. 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 Sec-
retary 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 re-
search has military application, the research will be con-
ducted in accordance with the standards set by an animal
care and use committee, and the research does not dupli-
cate research already conducted by a manufacturer or any
other research organization.
SEC. 8040. 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 com-
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plete review for the five-year period beginning on October
1, 1994, which shall include expected force structure and
levels for such period, expected installation requirements
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 sec-
tors affected by proposed closures and realignments of
military installations and an assessment of the economic
impact in each area in which a military installation is to
be realigned or closed.
SEC. 8041. No more than $50,000 of the funds ap-
propriated 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 Appropria-
tions 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 reloca-
tion into the National Capital Region of the Air Force Of-
fice of Medical Support located at Brooks Air Force Base.
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SEC. 8041. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
in fiscal year 1995 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 requir-
ing the contractor to employ, for the purpose of performing
that portion of the contract in such State that is not contig-
uous with another State, individuals who are residents of
such State and who, in the case of any craft or trade, pos-
sess or would be able to acquire promptly the necessary
skills: Provided, That the Secretary of Defense may waive
the requirements of this section in the interest of national
security.
SEC. 8042. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Co-
lumbia 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,
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or the National Guard, as described in section 101
of title 32;
(2) performs, for the purpose of providing mili-
tary 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, 3500, or 8500 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 territory of the United States;
and
(3) requests and is granted—
(A) leave under the authority of this sec-
tion; 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 pro-
visions of this section and of the last sentence of section
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6323(b) of title 5, and such leave shall be considered leave
under section 6323(b) of title 5.
SEC. 8043. 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. 8044. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8045. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust
wage rates for civilian employees hired for certain health
care occupations as authorized for the Secretary of Veter-
ans Affairs by section 7455 of title 38, United States
Code.
SEC. 8046. Of the funds made available in this Act,
not less than $24,565,000 $19,917,000 shall be available
for the Civil Air Patrol, of which $13,105,000 $10,410,000
shall be available for Operation and Maintenance.
SEC. 8047. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
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the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the
levels funded in this Act.
SEC. 8048. (a) Of the funds for the procurement of
supplies or services appropriated by this Act, qualified
nonprofit agencies for the blind or other severely handi-
capped shall be afforded the maximum practicable oppor-
tunity to participate as subcontractors and suppliers in the
performance of contracts let by the Department of De-
fense.
(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
agency a subcontracting plan for the participation by
small business concerns pursuant to section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) shall be given
credit toward meeting that subcontracting goal for any
purchases made from qualified nonprofit agencies for the
blind or other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
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Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
SEC. 8049. During the current fiscal year, net re-
ceipts pursuant to collections from third party payers pur-
suant to section 1095 of title 10, United States Code, shall
be made available to the local facility of the uniformed
services responsible for the collections and shall be over
and above the facility’s direct budget amount.
SEC. 8050. Notwithstanding any other provision of
law or regulation, ships designated T–AGS 63, T–AGS 64
and T–AGS 65 must utilize remanufactured milspec
SASS multibeam sonars. Provided; That the Secretary of
the Navy may waive this restriction by certifying in writ-
ing to the Committee on Appropriations that an alter-
native acquisition must be made in order to acquire capa-
bility for national security purposes.
SEC. 8050. None of the funds available to the Depart-
ment of Defense during fiscal year 1995 may be obligated
for low rate initial production of the ALR–67(V)3 Ad-
vanced Special Receiver (ASR) until 30 days after the con-
gressional defense committees have received the following:
(1) A certification by the Director, Operational
Test and Evaluation, Defense, that, based on the re-
sults of the joint Developmental Test/Operational Test
flight tests and of the Operational Assessment in-
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tended to address the readiness of the ASR for low
rate initial production, ASR is potentially operation-
ally effective and potentially operationally suitable
and ready to enter low rate initial production;
(2) A comprehensive report by the Commander,
Navy Operational Test and Evaluation Force as to
the test objectives and results of the joint Developmen-
tal Test/Operational Test flight tests and of the Oper-
ational Assessment intended to address the readiness
of the ASR for low rate initial production;
(3) A comprehensive report by the Assistant Sec-
retary of the Navy (Research, Development and Ac-
quisition) as to the test objectives and results of the
Developmental Flight Tests and Technical Evalua-
tion, along with her certification that, based on these
results, the ASR is ready to enter low rate initial
production.
SEC. 8051. Section 8060 of the Department of De-
fense Appropriations Act, 1994 (Public Law 103–139) is
hereby repealed, which contained authority for acquisition
of LANDSAT 7.
SEC. 8052. Notwithstanding any other provision of
law, of the funds appropriated for the Defense Health
Program during this fiscal year and hereafter, the amount
payable for services provided under this section shall not
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be less than the amount calculated under the coordination
of 
benefits 
reimbursement 
formula 
utilized 
when
CHAMPUS is a secondary payor to medical insurance
programs other than Medicare, and such appropriations
as necessary shall be available (notwithstanding the last
sentence of section 1086(c) of title 10, United States
Code) to continue Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) benefits, until
age 65, under such section for a former member of a uni-
formed service who is entitled to retired or retainer pay
or equivalent pay, or a dependent of such a member, or
any other beneficiary described by section 1086(c) of title
10, United States Code, who becomes eligible for hospital
insurance benefits under part A of title XVIII of the So-
cial Security Act (42 U.S.C. 1395 et seq.) solely on the
grounds of physical disability, or end stage renal disease:
Provided, That expenses under this section shall only be
covered to the extent that such expenses are not covered
under parts A and B of title XVIII of the Social Security
Act and are otherwise covered under CHAMPUS: Pro-
vided further, That no reimbursement shall be made for
services provided prior to October 1, 1991.
SEC. 8053. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of
not to exceed $250,000,000 for purposes specified in sec-
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tion 2350j(c) of title 10, United States Code in anticipa-
tion of receipt of contributions, only from the Government
of Kuwait, under that section: Provided, That, upon re-
ceipt, such contributions from the Government of Kuwait
shall be credited to the appropriation or fund which in-
curred such obligations.
SEC. 8054. (a) Funds appropriated in this Act to fi-
nance activities of Department (DOD) Federally Funded
Research and Development Centers (FFRDCs) may not
be obligated or expended for a FFRDC if a member of
its Board of Directors or Trustees simultaneously serves
on the Board of Directors or Trustees of a profit-making
company under contract to the Department of Defense un-
less the FFRDC has a DOD approved conflict of interest
policy for its members.
(b) None of the funds appropriated in this Act are
available to establish a new FFRDC, either as a new en-
tity, or as a separate entity administered by an organiza-
tion managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other
FFRDCs and other nonprofit entities.
(c) Notwithstanding any other provision of law, of the
amounts available to the Department of Defense during
fiscal year 1995, not more than $1,252,650,000 may be
obligated for financing activities of FFRDCs.
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(d) The Secretary of Defense may not obligate more
than one-half of the funds available to FFRDCs until the
Congressional defense committees receive the report on es-
tablishing pay caps for FFRDC employees that was di-
rected in the Committee’s report accompanying the fiscal
year 1994 Department of Defense Appropriations Act.
SEC. 8054. (a) Funds appropriated in this Act to fi-
nance activities of Department of Defense (DOD) Federally
Funded Research and Development Centers (FFRDCs) may
not be obligated or expended for a FFRDC if a member
of its Board of Directors or Trustees simultaneously serves
on the Board of Directors or Trustees of a profit-making
company under contract to the Department of Defense un-
less the FFRDC has a DOD approved conflict of interest
policy for its members.
(b) None of the funds appropriated in this Act are
available to establish a new FFRDC, either as a new entity,
or as a separate entity administered by an organization
managing another FFRDC, or as a nonprofit membership
corporation consisting of a consortium of other FFRDCs
and other nonprofit entities.
(c) The Secretary of Defense may not obligate more
than one-half of the funds available for each defense
FFRDC, and more than one-half of the total amount avail-
able for defense FFRDCs, until the Congressional defense
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committees receive a copy of the revised and updated DOD
master plan for FFRDCs: Provided, That the master plan
submitted in compliance with this subsection shall contain
annual funding and manpower ceilings for each defense
FFRDC and each subcomponent of a defense FFRDC iden-
tified as separate sub-entity due to the significantly unique
nature of its functions.
(d) LIMITATION ON COMPENSATION.—No employee or
executive officer of a defense FFRDC may be compensated
at a rate exceeding Executive Schedule Level I by that
FFRDC: Provided, That the restriction contained in this
subsection shall not take effect until July 1, 1995.
(e) LIMITATION ON COMPENSATION.—No member of a
Board of Directors, Trustees, Overseers, Advisory Group,
Special Issues Panel, Visiting Committee, or any similar
entity of a defense FFRDC may be compensated for his or
her services as a member of such entity except under the
same conditions, and to the same extent, as members of the
Defense Science Board: Provided, That a member of any
such entity shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations,
when engaged in the performance of membership duties:
Provided further, That the restriction contained in this sub-
section shall not take effect until July 1, 1995.
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(f) ELIMINATION OF FEE.—None of the funds available
to the Department of Defense from any source during fiscal
year 1995 may be obligated to pay any fee to a defense
FFRDC.
(g) None of the funds available to the Department of
Defense from any source during fiscal year 1995 may be
used by a defense FFRDC for any purpose which otherwise
is not reimbursable under federal or Department of Defense
acquisition regulations: Provided, That the restriction con-
tained in this subsection shall also apply to cost sharing
for projects funded by government grants, absorption of con-
tract overruns, and costs necessary to pay the costs of doing
business in advance of reimbursement.
(h) Notwithstanding any other provision of law, of the
amounts available to the Department of Defense during fis-
cal year 1995, not more than $1,300,000,000 may be obli-
gated for financing activities of FFRDCs: Provided, That
the total amount appropriated in title IV of this Act is here-
by reduced by $52,650,000 to reflect the funding ceiling con-
tained in this subsection.
(i) The total amount appropriated to or for the use
of the Department of Defense in title IV of this Act is re-
duced by an additional $62,634,000 to reflect savings from
the decreased use of non-FFRDC consulting services by the
Department of Defense.
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(j) The total amount appropriated to or for the use
of the Department of Defense in title IV of this Act is re-
duced by an additional $19,055,000 to reflect savings from
the decreased use of major non-profit federally-funded re-
search institutions and university-affiliated research cen-
ters by the Department of Defense.
SEC. 8055. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alley
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of
Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class
9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications
of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department 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 Department of Defense requirements on a timely
basis and that such an acquisition must be made in order
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to
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contracts which are in being as of the date of enactment
of this Act.
SEC. 8055. None of the unobligated balances available
in the National Defense Stockpile Transaction Fund during
the current fiscal year may be obligated or expended to fi-
nance any grant or contract to conduct research, develop-
ment, test and evaluation activities for the development or
production of advanced materials, unless amounts for such
purposes are specifically appropriated in a subsequent ap-
propriations Act.
SEC. 8056. For the purposes of this Act, the term
‘‘congressional defense committees’’ means the Commit-
tees on Armed Services, the Committees on Appropria-
tions, and the subcommittees on Defense of the Committee
on Appropriations, of the Senate and the House of Rep-
resentatives.
SEC. 8057. Notwithstanding any other provision of
law, during the current fiscal year, the Department of De-
fense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related arti-
cles, through competition between Department of Defense
depot maintenance activities and private firms: Provided,
That the Senior Acquisition Executive of the military de-
partment or defense agency concerned, with power of dele-
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gation, shall certify that successful bids include com-
parable estimates of all direct and indirect costs for both
public and private bids: Provided further, That Office of
Management and Budget Circular A–76 shall not apply
to competitions conducted under this section.
SEC. 8058. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the
terms of the agreement by discriminating against certain
types of products produced in the United States that are
covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced
in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to Con-
gress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year 1995. Such
report shall separately indicate the dollar value of items
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for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy
American Act’’ means title III of the Act entitled ‘‘An Act
making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934,
and for other purposes’’, approved March 3, 1933 (41
U.S.C. 10a et seq.).
SEC. 8058. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on
a military installation located in the United States unless
such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within
the District of Columbia, in which the military installation
is located: Provided, That in a case in which the military
installation is located in more than one State, purchases
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all
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alcoholic beverages only for military installations in States
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia
shall be procured from the most competitive source, price
and other factors considered.
SEC. 8059. (a) Of the funds made available in this
Act in title II, Operation and Maintenance, Army,
$2,000,000 shall be available only to execute the cleanup
of uncontrolled hazardous waste contamination affecting
the Sale Parcel at Hamilton Air Force Base, in Novato,
in the State of California.
(b) Notwithstanding any other provision of law, in the
event that the purchaser of the Sale Parcel exercises its
option to withdraw from all or a portion of the sale, as
provided in the Agreement and Modification, dated Sep-
tember 25, 1990, between the Department of Defense, the
General Services Administration, and the purchaser, as
amended, the purchaser’s deposit of $4,500,000 shall be
returned by the General Services Administration and
funds eligible for reimbursement under the Agreement and
Modification, as amended, shall come from the funds made
available to the Department of Defense by this Act.
(c) In the event that the purchaser purchases only
a portion of the Sale Parcel and exercises its option to
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withdraw from the sale as to the rest of the Sale Parcel,
the portion of the Sale Parcel that is not purchased (other
than Landfill 26 and an appropriate buffer area around
it and the groundwater treatment facility site), together
with any of the land referred to in section 9099(e) of Pub-
lic Law 102–396 that is not purchased by the purchaser,
shall be sold to the City of Novato, in the State of Califor-
nia, for the sum of One Dollar as a public benefit transfer
for school, classroom or other educational use, for use as
a public park or recreation area or for further conveyance
as provided herein, subject to the following restrictions:
(1) if the City sells any portion of such land to any third
party within ten years after the transfer to the City, which
sale may be made without the foregoing use restrictions,
any proceeds received by the City in connection with such
sale, minus the demonstrated reasonable costs of conduct-
ing the sale and of any improvements made by the City
to the land following its acquisition of the land (but only
to the extent such improvements increase the value of the
portion sold), shall be immediately turned over to the
Army in reimbursement of the withdrawal payment made
by the Army to the contract purchaser and the costs of
cleaning up the Landfill and (2) until one year following
completion of the cleanup of contaminated soil in the
Landfill and completion of the groundwater treatment fa-
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cilities, the sale must be at a per-acre price for the portion
sold that is at least equal to the per-acre contract price
paid by the purchaser for the portion of the Sale Parcel
purchased under the Agreement and Modification, as
amended, and thereafter must be at a price at least equal
to the fair market value of the portion sold. The foregoing
restrictions shall not apply to a transfer to another public
or quasi-public agency for public uses of the kind de-
scribed above. The deed to the City shall contain a clause
providing that, if any of the proceeds referred to in clause
(1) are not delivered to the Army within 30 days after
sale, or any portion of the land not sold as provided herein
is used for other than educational, park or recreational
uses, title to the applicable portion of such land shall re-
vert to the United States Government at the election of
the General Services Administration. The Army shall
agree to deliver into the applicable closing escrow an ac-
knowledgement of receipt of any proceeds described in
clause (1) above and a release of the reverter right as to
the affected land, effective upon such receipt.
(d) Notwithstanding any other provision of law, the
Air Force shall be reimbursed for expenditures in excess
of $15,000,000 in connection with the total clean-up of
uncontrolled hazardous waste contamination on the afore-
mentioned Sale Parcel from the proceeds collected upon
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the closing of any portion of the Sale Parcel purchased
by the contract purchaser under the Agreement and Modi-
fication, as amended.
(e) Notwithstanding any other provision of law, the
purchaser’s reimbursement claims shall be audited by the
Defense Contract Audit Agency for reasonableness and ac-
curacy before the Department of Defense provides any
funds under the purchaser’s withdrawal and reimburse-
ment rights.
SEC. 8060. Notwithstanding any other provision of
law, the Secretary of Defense may, when he considers it
in the best interest of the United States, cancel any part
of an indebtedness, up to $2,500, that is or was owed to
the United States by a member or former member of a
uniformed service if such indebtedness, as determined by
the Secretary, was incurred in connection with Operation
Desert Shield/Storm: Provided, That the amount of an in-
debtedness previously paid by a member or former mem-
ber and cancelled under this section shall be refunded to
the member.
SEC. 8061. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the
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next fiscal year to the extent, and for the purposes, pro-
vided in section 2865 of title 10, United States Code.
SEC. 8062. During the current fiscal year and there-
after, voluntary separation incentives payable under 10
U.S.C. 1175 may be paid in such amounts as are nec-
essary from the assets of the Voluntary Separation Incen-
tive 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 De-
partment of Defense under the terms and conditions speci-
fied 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 appro-
priation 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 do-
mestic producers of high carbon ferrochromium and high
carbon ferromanganese—
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(A) whose primary output during the three pre-
ceding
years
has
been
ferrochromium
or
ferromanganese; and
(B) who guarantee to use the chromite and
manganese ore for domestic purposes.
SEC. 8064. 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 programs 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 proposed re-
scissions.
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 Accounting Office studies requested by a
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Member of Congress or a Congressional Committee;
and
(b) the potential future uses of the nine chemi-
cal 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, appropria-
tions available 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 gov-
ernment 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 directly from funds appro-
priated for operation and maintenance of the reserve com-
ponent of the member concerned.
SEC. 8067. For fiscal year 1995, the total amount
appropriated to fund the Uniformed Services Treatment
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Facilities program, operated pursuant to section 911 of
Public Law 97–99 (42 U.S.C. 248c), is limited to
$329,000,000 $296,000,000, of which not more than
$300,000,000 $270,000,000 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 pro-
hibited 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 re-
quested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military depart-
ments, and the Defense Agencies.
SEC. 8070. None of the funds available to the De-
partment 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 eli-
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gible to participate in any manufacturing extension pro-
gram financed by funds appropriated 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 sec-
tion 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 and there-
after, 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. None of the funds appropriated by this
Act may be used to relocate the 116th Fighter Wing of
the Air National Guard from Dobbins Air Reserve Base
to Robins Air Force Base, or to convert that wing from
F–15A aircraft to B–1B aircraft.
SEC. 8074. Of the funds appropriated or otherwise
made available by this Act, not more than $119,200,000
shall be available for payment of the operating costs of
NATO Headquarters.
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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 department responsible for the
procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet
Department 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. 8075. None of the funds available to the Depart-
ment of the Air Force shall be available to establish or sup-
port any organic depot maintenance support activity for
the B–2 bomber until the Under Secretary of Defense, Ac-
quisition and Technology reviews the existing infrastruc-
ture for the private sector and Air Force Depot support and
maintenance of the B–2 and reports to the Congressional
Defense Committees the most efficient and cost effective uti-
lization of public and private facilities to support the B–
2.
SEC. 8076. During the current fiscal year, appropria-
tions which are available to the Department of Defense
for operation and maintenance may be used to purchase
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items having an investment item unit cost of not more
than $50,000.
SEC. 8077. During the current fiscal year and there-
after, appropriations available for the pay and allowances
of active duty members of the Armed Forces shall be avail-
able 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 Operations 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 cur-
rent 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 dur-
ing the current fiscal year to appropriations made to the
Department of Defense for procurement.
(b) The fiscal year 1996 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 1996
Department of Defense budget shall be prepared and sub-
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mitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be
budgeted 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 equip-
ment, that the Military Department concerned plans to
retire or otherwise dispose of within five years after com-
pletion 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 country United
States to provide such waiver and so notifies the congres-
sional 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 Com-
mittees on Appropriations for reprogramming of funds,
unless for higher priority items, based on unforeseen mili-
tary requirements, than those for which originally appro-
priated and in no case where the item for which
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reprogramming is requested has been denied by the Con-
gress.
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 For-
eign 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 shall be equal to or exceed the percentage
of reductions to non-Senior Intelligence Service positions:
Provided further, That in making 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. 8081. In addition to amounts appropriated or
otherwise made available by this Act, $97,000,000 is hereby
appropriated and shall be available for liquidating defi-
ciencies in the amounts specified in the appropriations
‘‘National Guard Personnel, Army, 1992’’, $10,000,000;
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‘‘National Guard Personnel, Army, 1993’’, $75,000,000;
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 appropriated for the Reserve for
Contingencies, which shall remain available until Septem-
ber 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 addi-
tion to amounts appropriated by other provisions of this
Act: Provided further, That the President shall provide for
appropriate distribution of the classified Annex, or of ap-
propriate portions of the classified Annex, within the exec-
utive branch of the Government.
SEC. 8085. Notwithstanding any other provision of
law, funds made available in this Act for the Defense In-