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section shall not apply to obligations for support of active
duty training of reserve components or summer camp
training of the Reserve Officers’ Training Corps, or the
National Board for the Promotion of Rifle Practice, Army.
(TRANSFER OF FUNDS)
SEC. 8005. 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.
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(TRANSFER OF FUNDS)
SEC. 8006. 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,
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
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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-
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
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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
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
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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-
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-
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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-
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.
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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.
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
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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.
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
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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
(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.
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(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,
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
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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
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
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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
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. 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-
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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.
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 of the funds in this Act may be used
to purchase any supercomputer which is not manufactured
in the United States, unless the Secretary of Defense cer-
tifies to the Armed Services and Appropriations Commit-
tees of Congress that such an acquisition must be made
in order to acquire capability for national security pur-
poses that is not available from United States manufactur-
ers.
SEC. 8024. For the purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law
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-
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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
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-
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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
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
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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-
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;
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(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. 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
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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.
(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-
ation and maintenance appropriations do not exceed the
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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-
patient mental health service for care received when a pa-
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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
1993 Report to the President of the Defense Base Closure
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and Realignment Commission or current DOD Data Cen-
ter Consolidation shall not exceed $309,000,000.
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
(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-
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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-
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
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the Enlisted Personnel Management Center and the collo-
cated Naval Computer and Telecommunications Station.
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. 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,
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
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(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
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-
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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 shall be available for the Civil
Air Patrol, of which $13,105,000 shall be available for Op-
eration and Maintenance.
SEC. 8047. 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 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
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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
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 Committees on Appropriations that an alter-
native acquisition must be made in order to acquire capa-
bility for national security purposes.
SEC. 8051. Section 8060 of the Department of De-
fense Appropriations Act, 1994 (Public Law 103–139) is
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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
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
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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-
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 of Defense (DOD) Feder-
ally 
Funded 
Research 
and 
Development 
Centers
(FFRDCs) may not be obligated or expended for an
FFRDC if a member of its Board of Directors or Trustees
simultaneously serves on the Board of Directors or Trust-
ees of a profit-making company under contract to the De-
partment of Defense unless the FFRDC has a DOD ap-
proved 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-
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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.
(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. 8055. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
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
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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
contracts which are in being as of the date of enactment
of this 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-
gation, shall certify that successful bids include com-
parable estimates of all direct and indirect costs for both
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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
for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade