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serting ‘‘or any other funds available to the Department
of Defense’’ in lieu thereof.
(TRANSFER OF FUNDS)
SEC. 8006. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $2,000,000,000
of working capital funds of the Department of Defense
or funds made available in this Act to the Department
of Defense for military functions (except military con-
struction) between such appropriations or funds or any
subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated
and in no case where the item for which funds are re-
quested has been denied by Congress: Provided further,
That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority
or any other authority in this Act.
(TRANSFER OF FUNDS)
SEC. 8007. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10,
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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. 8008. Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United
States Code, may implement cost-effective agreements for
required 
heating 
facility 
modernization 
in 
the
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of
Kaiserslautern such agreements will include the use of
United States anthracite as the base load energy for mu-
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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. 8009. 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. 8010. 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 1993
for similar services, except that: (a) for services for which
the Secretary of Defense determines an increase is justi-
fied by economic circumstances, the allowable amounts
may be increased in accordance with appropriate economic
index data similar to that used pursuant to title XVIII
of the Social Security Act; and (b) for services the Sec-
retary determines are overpriced based on allowable pay-
ments under title XVIII of the Social Security Act, the
allowable amounts shall be reduced by not more than 15
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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. 8011. 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
at least to the limits of the Government’s liability: Pro-
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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. 8012. (a) None of the funds appropriated by
this Act shall be available to convert a position in support
of the Army Reserve, Air Force Reserve, Army National
Guard, and Air National Guard occupied by, or pro-
grammed to be occupied by, a (civilian) military technician
to a position to be held by a person in an active duty sta-
tus or active Guard or Reserve status if that conversion
would reduce the total number of positions occupied by,
or programmed to be occupied by, (civilian) military tech-
nicians of the component concerned, below 69,061: Pro-
vided, That none of the funds appropriated by this Act
shall be available to support more than 46,111 positions
in support of the Army Reserve, Army National Guard,
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or Air National Guard occupied by, or programmed to be
occupied by, persons in an active Guard or Reserve status:
Provided further, That none of the funds appropriated by
this Act may be used to include (civilian) military techni-
cians in computing civilian personnel ceilings, including
statutory or administratively imposed ceilings, on activi-
ties in support of the Army Reserve, Air Force Reserve,
Army National Guard, or Air National Guard.
(b) None of the funds appropriated by this Act shall
be used to include (civilian) military technicians in any
administratively imposed freeze on civilian positions.
SEC. 8013. 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. 8014. (a) The provisions of section 115(a)(4)
of title 10, United States Code, shall not apply with re-
spect to fiscal year 1994 or with respect to the appropria-
tion of funds for that year.
(b) During fiscal year 1994, the civilian personnel of
the Department of Defense may not be managed on the