H. R. 4650—24
to be used as auxiliary minesweepers providing that the owner
agrees that these ships may be activated as Navy Reserve ships
with Navy Reserve crews used in training exercises conducted in
accordance 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 Engineer’s Waterways Experi-
ment 
Station, 
including 
the 
continued 
availability 
of 
the
supercomputer capability: Provided, 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
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 avail-
able from United States manufacturers.
SEC. 8024. For the purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177) as amended
by the Balanced Budget and Emergency Deficit Control Reaffirma-
tion Act of 1987 (Public Law 100–119) and by the Budget Enforce-
ment 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 identified in the Depart-
ment of Defense Appropriations Act, 1995, the accompanying House
and Senate Committee reports, the conference report and accom-
panying joint explanatory statement of the managers of the Commit-
tee of Conference, the related classified annexes and reports, and
the P–1 and R–1 budget justification documents as subsequently
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 contained 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 Defense
shall transmit to the Committees on Appropriations and the
Committees on Armed Services of the Senate and the House of
Representatives a budget justification document 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 appropriated 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, $203,736,000
shall be available only for the Reserve Component Automation
System (RCAS): Provided, That none of these funds can be
expended—
(1) except as approved by the Chief of the National Guard
Bureau;
(2) unless RCAS resource management functions are per-
formed 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 chartered 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 National Guard Bureau
H. R. 4650—25
and fully defines his authority, responsibility, reporting chan-
nels and organizational structure;
(5) to pay the salaries of individuals assigned to the RCAS
program management office unless such organization is com-
prised 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 consisting of software,
hardware, and communications equipment and unless such con-
tract continues to preclude the use of Government furnished
equipment, operating systems, and executive applications soft-
ware; and
(7) unless RCAS performs its own classified information
processing:
Provided further, That notwithstanding any other provision of law,
none of the funds appropriated shall be available for procurement
of computers for the Army Reserve Component which are used
to network or expand the capabilities of existing or future informa-
tion systems or duplicate 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 procured and only in
the numbers and types allocated by the RCAS program to each
site; and at sites scheduled to receive 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 National Guard Bureau or his designee, may be procured
and only in the numbers and types allocated by the RCAS program
to each site; (B) the requesting organizational element has insuffi-
cient ADP equipment to perform administrative 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 equip-
ment as compared to the cost of replacement; and (E) the procure-
ment under this policy must be approved by the Chief of the
National Guard Bureau or his designee, provided that the procure-
ment is a one for one replacement action of existing equipment.
SEC. 8025A. Of the funds made available by this Act in title
III, Procurement, $8,000,000, drawn pro rata from each appropria-
tions account in title III, shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974,
25 U.S.C. 1544. These payments shall be available only to contrac-
tors which have submitted subcontracting plans pursuant to 15
U.S.C. 637(d), and according to regulations which shall be promul-
gated by the Secretary of Defense within 90 days of the passage
of this Act.
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 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,
H. R. 4650—26
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.
SEC. 8026A. 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 standard handgun or ammunition for such
handguns, or (2) offensive handguns and ammunition except for
the Special Operations Forces: Provided, That the foregoing shall
not apply to handguns and ammunition for marksmanship competi-
tions.
(TRANSFER OF FUNDS)
SEC. 8027. Notwithstanding any other provision of law, the
Department of Defense may transfer prior year, unobligated bal-
ances 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
sequestration 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 accounts: 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 operation 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 authority to make trans-
fers pursuant to this section is in addition to the authority to
make transfers under other provisions 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 session before
any such transfer of funds under this provision.
SEC. 8028. None of the funds available to the Department
of the Navy may be used to enter into any contract 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
H. R. 4650—27
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. 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 information critical to national security
or any other classified materials and which has not been certified
as passing the security lock specifications contained in regulation
FF–L–2740 dated October 12, 1989, and has not passed all testing
criteria 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 adequate for the protection of sensitive
intelligence information.
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. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available
to provide transportation of medical supplies and equipment, on
a nonreimbursable basis, to American Samoa: Provided, That not-
withstanding any other provision of law, funds available to the
Department of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a nonreimbursable
basis, to the Indian Health Service when it is in conjunction with
a civil-military project.
SEC. 8033. 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 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