H. R. 4103—22
is credited toward completion of a service commitment: Provided,
That this subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987: Provided fur-
ther, That this subsection applies only to active components of
the Army.
SEC. 8014. 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 the enactment of this Act, is performed by more than ten Depart-
ment of Defense civilian employees until a most efficient and cost-
effective organization analysis is completed on such activity or
function and certification of the analysis is made to the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That this section and subsections (a), (b), and (c) of
10 U.S.C. 2461 shall not apply to a commercial or industrial type
function of the Department of Defense that: (1) is included on
the procurement list established pursuant to section 2 of the Act
of June 25, 1938 (41 U.S.C. 47), popularly referred to as the Javits-
Wagner-O’Day Act; (2) is planned to be converted to performance
by a qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or (3) is planned to be converted to
performance by a qualified firm under 51 per centum Native Amer-
ican ownership.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2301 note), as amended, under the author-
ity of this provision or any other transfer authority contained in
this Act.
SEC. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are substantially manufactured in the United States: Provided,
That for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided further,
That for the purpose of this section substantially all of the compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost
of the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order
to acquire capability for national security purposes.
H. R. 4103—23
SEC. 8017. 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. 8018. 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. 8019. 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 2000
shall identify such sums anticipated in residual value settlements,
and identify such construction, real property maintenance or base
operating costs that shall be funded by the host nation through
such credits: Provided further, That all military construction
projects to be executed from such accounts must be previously
approved in a prior Act of Congress: Provided further, That each
such executive agreement with a NATO member host nation shall
be reported to the congressional defense committees, the Committee
on International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate 30 days prior
to the conclusion and endorsement of any such agreement estab-
lished under this provision.
SEC. 8020. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols.
SEC. 8021. Notwithstanding any other provision of law, none
of the funds appropriated by this Act shall be available to pay
more than 50 per centum of an amount paid to any person under
section 308 of title 37, United States Code, in a lump sum.
H. R. 4103—24
SEC. 8022. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year 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 congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8023. A member of a reserve component whose unit or
whose residence is located in a State which is not contiguous
with another State is authorized to travel in a space required
status on aircraft of the Armed Forces between home and place
of inactive duty training, or place of duty in lieu of unit training
assembly, when there is no road or railroad transportation (or
combination of road and railroad transportation between those loca-
tions): Provided, That a member traveling in that status on a
military aircraft pursuant to the authority provided in this section
is not authorized to receive travel, transportation, or per diem
allowances in connection with that travel.
SEC. 8024. (a) In addition to the funds provided elsewhere
in this Act, $8,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That contractors participating in the
test program established by section 854 of Public Law 101–189
(15 U.S.C. 637 note) shall be eligible for the program established
by section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544).
(b) Section 8024 of the Department of Defense Appropriations
Act (Public Law 105–56) is amended by striking out ‘‘That these
payments’’ and all that follows through ‘‘Provided further,’’.
SEC. 8025. 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, United States Code, or an individual employed
by the government of the District of Columbia, permanent or tem-
porary indefinite, who—
(1) is a member of a Reserve component of the Armed
Forces, as described in section 10101 of title 10, United States
Code, or the National Guard, as described in section 101 of
title 32, United States Code;
(2) performs, for the purpose of providing military aid
to enforce the law or providing assistance to civil authorities
in the protection or saving of life or property or prevention
of injury—
(A) Federal service under sections 331, 332, 333, or
12406 of title 10, or other provision of law, as applicable;
or
(B) full-time military service for his or her 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 section; or
(B) annual leave, which may be granted without regard
to the provisions of sections 5519 and 6323(b) of title 5,
if such employee is otherwise entitled to such annual leave:
H. R. 4103—25
Provided, That any employee who requests leave under subsection
(3)(A) for service described in subsection (2) of this section is entitled
to such leave, subject to the provisions of this section and of the
last sentence of section 6323(b) of title 5, and such leave shall
be considered leave under section 6323(b) of title 5, United States
Code.
SEC. 8026. 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 24 months after initiation of such study with respect
to a single function activity or 48 months after initiation of such
study for a multi-function activity.
SEC. 8027. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national or
international political or psychological activities.
SEC. 8028. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized
for the Secretary of Veterans Affairs by section 7455 of title 38,
United States Code.
SEC. 8029. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act.
SEC. 8030. (a) Of the funds for the procurement of supplies
or services appropriated by this Act, qualified nonprofit agencies
for the blind or other severely handicapped shall be afforded the
maximum practicable opportunity to participate as subcontractors
and suppliers in the performance of contracts let by the Department
of Defense.
(b) During the current fiscal year, a business concern which
has negotiated with a military service or defense agency a sub-
contracting 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 ‘‘qualified non-
profit agency for the blind or other severely handicapped’’ means
a nonprofit agency for the blind or other severely handicapped
that has been approved by the Committee for the Purchase from
the Blind and Other Severely Handicapped under the Javits-Wag-
ner-O’Day Act (41 U.S.C. 46–48).
SEC. 8031. During the current fiscal year, net receipts pursuant
to collections from third party payers pursuant 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. 8032. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.