H. R. 4650—28
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 Committees on Appropriations and Armed Serv-
ices 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 Department
of Defense in this Act shall be used to demilitarize 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 determination: Provided, That
savings that result from this provision are represented as such
in future budget proposals.
SEC. 8037. Of the funds appropriated by this Act, no more
than $18,500,000 shall be available for the mental health care
demonstration project at Fort Bragg, North Carolina: Provided,
That adjustments may be made for normal and reasonable price
and program growth.
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 obligated 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 allowed.
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 Secretary 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 research has military application, the research will
be conducted in accordance with the standards set by an animal
care and use committee, and the research does not duplicate
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 complete review for the five-year period
beginning on October 1, 1994, which shall include expected force
structure and levels for such period, expected installation require-
ments 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 sectors affected by proposed
closures and realignments of military installations and an assess-
H. R. 4650—29
ment 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 appropriated
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
Appropriations 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 relocation into the National Capital
Region of the Air Force Office of Medical Support located at Brooks
Air Force Base.
SEC. 8041A. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense in fiscal year
1995 for construction or service performed in whole or in part
in a State which is not contiguous with another State and has
an unemployment rate in excess of the national average rate of
unemployment as determined by the Secretary of Labor shall
include a provision requiring the contractor to employ, for the
purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are
residents of such State and who, in the case of any craft or trade,
possess or would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the require-
ments of this section in the interest of national security.
SEC. 8042. 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 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 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 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 terri-
tory 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:
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.
H. R. 4650—30
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 activities.
SEC. 8045. 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. 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 Operation and Mainte-
nance.
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 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. 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 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. 8049. 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. 8050. Notwithstanding any other provision of law or regu-
lation, 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 writing to the Committees on Appropriations that
an alternative acquisition must be made in order to acquire capabil-
ity for national security purposes.
SEC. 8050A. None of the funds available to the Department
of Defense during fiscal year 1995 may be obligated for low rate
initial production of the ALR–67(V)3 Advanced Special Receiver
H. R. 4650—31
(ASR) until 30 days after the congressional defense committees
have received the following:
(1) A certification by the Director, Operational Test and
Evaluation, Defense, that, based on the results of the joint
Developmental Test/Operational Test flight tests and of the
Operational Assessment intended to address the readiness of
the ASR for low rate initial production, ASR is potentially
operationally effective and potentially operationally suitable
and ready to enter low rate initial production;
(2) A comprehensive report by the Commander, Navy Oper-
ational Test and Evaluation Force as to the test objectives
and results of the joint Developmental Test/Operational Test
flight tests and of the Operational Assessment intended to
address the readiness of the ASR for low rate initial production;
(3) A comprehensive report by the Assistant Secretary of
the Navy (Research, Development and Acquisition) as to the
test objectives and results of the Developmental Flight Tests
and Technical Evaluation, along with her certification that,
based on these results, the ASR is ready to enter low rate
initial production.
SEC. 8051. Section 8060 of the Department of Defense Appro-
priations Act, 1994 (Public Law 103–139) is 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 pro-
grams 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) bene-
fits, until age 65, under such section for a former member of
a uniformed 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 Social 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 Act
and are otherwise covered under CHAMPUS: Provided further,
That no reimbursement shall be made for services provided prior
to October 1, 1991.
SEC. 8053. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$250,000,000 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 appropriation or fund which incurred
such obligations.
SEC. 8054. (a) Funds appropriated in this Act to finance activi-
ties of Department of Defense (DoD) Federally Funded Research
and Development Centers (FFRDCs) may not be obligated or