H. R. 3116—22
heat may be obtained from private, regional or municipal services,
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 providers 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 justified 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 Secretary determines
are overpriced based on allowable payments under title XVIII of
the Social Security Act, the 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 regulations to imple-
ment this section. Such regulations shall include a limitation, simi-
lar to that used under title XVIII of the Social Security Act, on
the extent to which a provider 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 includes 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 quan-
tity procurement in excess of $20,000,000 in any one year, unless
the Committees on Appropriations and Armed Services of the Sen-
ate and House of Representatives have been notified at least thirty
days in advance 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 economic order quan-
tity advance procurement is not funded at least to the limits of
the Government’s liability: Provided further, That no part of any
appropriation contained in this Act shall be available to initiate
multiyear procurement 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: Provided fur-
ther, That no multiyear procurement contract can be terminated
without 10-day prior notification to the Committees on Appropria-
tions and Armed Services of the House of Representatives and
the Senate: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement.
SEC. 8012. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appro-
priated 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
21:49 Nov 10, 1993
VerDate 01-JUL-93
Jkt 059200
PO 00000
Frm 00022
Fmt 6655
Sfmt 6501
E:\BILLS\H3116.ENR
bend06
H. R. 3116—23
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations
shall be reported to Congress on September 30 of each year: Pro-
vided, That funds available for operation and maintenance shall
be available for providing humanitarian 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 Sec-
retary 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
Islands, the Marshall Islands, the Federated States of Micronesia,
Palau, and Guam.
SEC. 8013. Notwithstanding any other provision of law, govern-
ments of Indian tribes shall be treated as State and local govern-
ments 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
Commission, 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 respect to fiscal year
1994 or with respect to the appropriation of funds for that year.
(b) During fiscal year 1994, the civilian personnel of the Depart-
ment 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 1995 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1995 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 1995.
SEC. 8014A. 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 Columbia, 131,250 civilian
workyears: Provided, That workyears shall be applied as defined
in the Federal Personnel Manual: Provided further, That workyears
expended in dependent student hiring programs for disadvantaged
youths shall not be included in this workyear limitation.
SEC. 8015. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8016. 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 mainte-
nance and repair of supplies issued to the Army Reserve unless
21:49 Nov 10, 1993
VerDate 01-JUL-93
Jkt 059200
PO 00000
Frm 00023
Fmt 6655
Sfmt 6501
E:\BILLS\H3116.ENR
bend06
H. R. 3116—24
such individual is also a military member of the Army Reserve
troop program 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.
SEC. 8017. None of the funds available to the Department
of Defense may be used for the floating storage of petroleum or
petroleum products except in vessels of or belonging to the United
States.
SEC. 8018. Notwithstanding any other provision of law, the
Secretaries of the Army and Air Force may authorize the retention
in an active status until age sixty of any officer 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 required as
a condition of that employment.
SEC. 8019. Notwithstanding any other provision of law, 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 medical treatment facilities.
SEC. 8020. (a) None of the funds appropriated by this Act
shall be used to make contributions to the Department of Defense
Education Benefits Fund pursuant to section 2006(g) of title 10,
United States Code, representing the normal cost for future benefits
under section 1415(c) of title 38, United States Code, for any mem-
ber of the armed services who, on or after the date of enactment
of this Act—
(1) enlists in the armed services for a period of active
duty of less than three years; or
(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 limita-
tions 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 involving not more than nineteen
noncombat arms skills approved in advance by the Secretary of
Defense: Provided further, That this subsection applies only to
active components of the Army.
(b) None of the funds appropriated by this Act shall be available
for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid
by the Secretary of Veterans Affairs 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,
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. 8021. Funds appropriated in this Act shall be available
for the payment of not more than 75 percent of the charges of
21:49 Nov 10, 1993
VerDate 01-JUL-93
Jkt 059200
PO 00000
Frm 00024
Fmt 6655
Sfmt 6501
E:\BILLS\H3116.ENR
bend06
H. R. 3116—25
a postsecondary educational institution for the tuition or expenses
of an officer in the Ready Reserve of the Army National Guard
or Army Reserve for education or training during his off-duty peri-
ods, 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 education.
SEC. 8022. 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 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 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 percent
Native American ownership.
SEC. 8023. None of the funds made available by this Act may
be obligated for the acquisition of major automated information
systems which have not successfully completed oversight reviews
required by Department of Defense regulations: Provided, That
the automated information systems oversight review board will
be independent of any other Department review function and
chaired by the Assistant Secretary of Defense for Command, Con-
trol, Communications and Intelligence: Provided further, That
except for those programs to modernize and develop migration
and standard automated information systems that have been cer-
tified by the Department’s senior information resource management
(IRM) official as being fully compliant with the Department’s
information management initiative as defined in Defense Depart-
ment Directive 8000.1, no funds may be expended for modernization
or development of any automated information system (AIS) by
the military departments, services, defense agencies, 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, Con-
trol, 
Communications 
and 
Intelligence 
that 
the 
functional
requirement(s) is valid and that the system modernization or devel-
opment has no unnecessary duplication of other available or planned
AISs: Provided further, That the Department shall develop the
capability for open systems integration of commercial-off-the-shelf
(COTS) applications within the Composite Health Care System
(CHCS): Provided further, That the Department shall limit deploy-
ment of the Defense Blood Standard System (DBSS) to existing
donor and processing centers, the ten Primary Casualty Receiving
Hospitals (PCRHs), and two OCONUS military hospitals, with
transfusion services only, and shall procure, install, and integrate
by April 1, 1994, at two or more CHCS sites an open system
compliant COTS hospital-based blood bank/transfusion application,
21:49 Nov 10, 1993
VerDate 01-JUL-93
Jkt 059200
PO 00000
Frm 00025
Fmt 6655
Sfmt 6501
E:\BILLS\H3116.ENR
bend06