[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4650 Referred in Senate (RFS)]
103d CONGRESS
2d Session
H. R. 4650
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 30 (legislative day, June 7), 1994
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 1995, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1995, for military functions administered by the
Department of Defense, and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, interest on deposits,
gratuities, permanent change of station travel (including all expenses
thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Army on
active duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to
the Department of Defense Military Retirement Fund; $20,737,470,000.
Military Personnel, Navy
For pay, allowances, individual clothing, interest on deposits,
gratuities, permanent change of station travel (including all expenses
thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Navy on
active duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section
229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the
Department of Defense Military Retirement Fund; $17,692,537,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, interest on deposits,
gratuities, permanent change of station travel (including all expenses
thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Marine Corps
on active duty (except members of the Reserve provided for elsewhere);
and for payments pursuant to section 156 of Public Law 97-377, as
amended (42 U.S.C. 402 note), to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)), and to the Department of Defense Military
Retirement Fund; $5,816,671,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, interest on deposits,
gratuities, permanent change of station travel (including all expenses
thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to
the Department of Defense Military Retirement Fund; $17,311,379,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 265, 3021, and 3038 of title 10, United States Code, or while
serving on active duty under section 672(d) of title 10, United States
Code, in connection with performing duty specified in section 678(a) of
title 10, United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and for
members of the Reserve Officers' Training Corps, and expenses
authorized by section 2131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$2,183,620,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 265 of title 10, United States Code, or while serving on active
duty under section 672(d) of title 10, United States Code, in
connection with performing duty specified in section 678(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and for members of the Reserve
Officers' Training Corps, and expenses authorized by section 2131 of
title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund; $1,398,609,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 265 of title 10, United States Code, or while
serving on active duty under section 672(d) of title 10, United States
Code, in connection with performing duty specified in section 678(a) of
title 10, United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
2131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund; $354,048,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 265, 8021, and 8038 of title 10, United States Code, or
while serving on active duty under section 672(d) of title 10, United
States Code, in connection with performing duty specified in section
678(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and for members of the Air Reserve Officers' Training Corps, and
expenses authorized by section 2131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund;
$782,434,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 265, 3021, or 3496 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 672(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 678(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 2131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$3,378,705,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 265, 8021, or 8496 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 672(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 678(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 2131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$1,238,029,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $14,437,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes; $17,836,504,000, of which
$150,000,000 for real property maintenance shall be made available for
obligation until September 30, 1996 and, in addition, $50,000,000 shall
be derived by transfer from the National Defense Stockpile Transaction
Fund: Provided, That of the funds appropriated in this paragraph, not
less than $388,599,000 shall be made available only for conventional
ammunition care and maintenance: Provided further, That of the funds
appropriated in this paragraph, $5,800,000 shall be available only for
removal of Department of Defense equipment from Pine Bluff Arsenal:
Provided further, That of the funds appropriated in this paragraph,
$473,763,000 shall not be obligated or expended until authorized by
law.
Operation and Maintenance, Navy
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $4,301,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes;
$21,316,555,000, of which $200,000,000 for real property maintenance
shall be made available for obligation until September 30, 1996 and, in
addition, $50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund: Provided, That of the funds
appropriated in this paragraph, $1,206,359,000 shall not be obligated
or expended until authorized by law.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law;
$2,097,395,000, of which $66,000,000 for real property maintenance
shall be made available for obligation until September 30, 1996:
Provided, That of the funds appropriated in this paragraph,
$100,300,000 shall not be obligated or expended until authorized by
law.
Operation and Maintenance, Air Force
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $8,762,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes; $18,913,050,000, of which
$84,000,000 for real property maintenance shall be made available for
obligation until September 30, 1996 and, in addition, $50,000,000 shall
be derived by transfer from the National Defense Stockpile Transaction
Fund: Provided, That of the funds appropriated in this paragraph,
$179,592,000 shall not be obligated or expended until authorized by
law.
Operation and Maintenance, Defense-Wide
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law;
$8,945,266,000, of which not to exceed $25,000,000 may be available for
the CINC initiative fund account; and of which not to exceed
$23,768,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of Defense,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $1,240,109,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $834,119,000: Provided, That of the
funds appropriated in this paragraph, $6,300,000 shall not be obligated
or expended until authorized by law.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $83,542,000: Provided, That of the funds
appropriated in this paragraph, $2,080,000 shall not be obligated or
expended until authorized by law.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $1,486,805,000: Provided, That of the
funds appropriated in this paragraph $5,473,000 shall not be obligated
or expended until authorized by law.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft); $2,498,868,000: Provided,
That of the funds appropriated in this paragraph, $10,000,000 shall be
made available only for a National Guard Outreach Program in the Los
Angeles School District: Provided further, That of the funds
appropriated in this paragraph, $50,253,000 shall not be obligated or
expended until authorized by law.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things; hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by
law for the Air National Guard; and expenses incident to the
maintenance and use of supplies, materials, and equipment, including
such as may be furnished from stocks under the control of agencies of
the Department of Defense; travel expenses (other than mileage) on the
same basis as authorized by law for Air National Guard personnel on
active Federal duty, for Air National Guard commanders while inspecting
units in compliance with National Guard Bureau regulations when
specifically authorized by the Chief, National Guard Bureau;
$2,797,978,000: Provided, That of the funds appropriated under this
heading, $1,500,000 shall be made available only for the operation of
Air National Guard C-130 operational support aircraft of the 159th Air
National Guard Fighter Group: Provided further, That of the funds
appropriated in this paragraph, $17,800,000 shall not be obligated or
expended until authorized by law.
National Board for the Promotion of Rifle Practice, Army
For the necessary expenses and personnel services (other than pay
and non-travel-related allowances of members of the Armed Forces of the
United States, except for members of the reserve components thereof
called or ordered to active duty to provide support for the national
matches) in accordance with law, for operation and maintenance of rifle
ranges; the instruction of citizens in marksmanship; the promotion of
rifle practice; the conduct of the national matches; the sale of
ammunition under the authority of title 10, United States Code,
sections 4308 and 4311; the travel of rifle teams, military personnel,
and individuals attending regional, national, and international
competitions; and the payment to competitors at national matches under
section 4312 of title 10, United States Code, of subsistence and travel
allowances under section 4313 of title 10, United States Code; not to
exceed $2,544,000.
Court of Military Appeals, Defense
For salaries and expenses necessary for the United States Court of
Military Appeals; $6,126,000, of which not to exceed $2,500 can be used
for official representation purposes.
Environmental Restoration, Defense
(including transfer of funds)
For the Department of Defense; $1,880,200,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes
(including programs and operations at sites formerly used by the
Department of Defense), transfer the funds made available by this
appropriation to other appropriations made available to the Department
of Defense as the Secretary may designate, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations of funds to which transferred: Provided further, That
upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation.
Support for International Sporting Competitions, Defense
For the account ``Support for International Sporting Competitions,
Defense''; $7,900,000, to be merged with and to be available for the
same purposes and the same time period as that appropriation: Provided,
That of the funds in that appropriation not more than $1,500,000 may be
used for the 1995 Special Olympics: Provided further, That of the funds
in that appropriation not more than $4,400,000 may be used for the 1996
Paralympics: Provided further, That funds appropriated in this
paragraph shall not be obligated or expended until authorized by law.
Humanitarian Assistance
For transportation for humanitarian relief for the people of
Afghanistan, the Kurdish population and other minorities of northern
Iraq, and the people of sub-Saharan Africa, acquisition and shipment of
transportation assets to assist in the distribution of such relief, and
for transportation and distribution of humanitarian relief supplies,
and excess non-lethal property; $60,000,000 of which $12,000,000 shall
be made available only for activities to support the clearing of
landmines for humanitarian purposes.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interest therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $1,264,198,000, to remain available for obligation until
September 30, 1997.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $728,095,000, to remain available for obligation until
September 30, 1997: Provided, That of the funds appropriated in this
paragraph, $42,959,000 shall not be obligated or expended until
authorized by law.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$1,001,873,000, to remain available for obligation until September 30,
1997: Provided, That of the funds appropriated in this paragraph,
$58,987,000 shall not be obligated or expended until authorized by law.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854, title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes; $1,274,644,000, to remain available for
obligation until September 30, 1997: Provided, That of the amounts
appropriated for the ARMS program in ``Procurement of Ammunition, Army,
1993/1995'', $43,000,000 may be available to fund subsidy costs of loan
guarantees authorized to be made under that program: Provided further,
That of the funds appropriated in this paragraph, $419,761,000 shall
not be obligated or expended until authorized by law.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and nontracked combat vehicles;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$2,348,806,000, to remain available for obligation until September 30,
1997.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; $4,820,442,000, to remain available for obligation
until September 30, 1997: Provided, That of the funds appropriated in
this paragraph, $232,435,000 shall not be obligated or expended until
authorized by law.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; $1,969,336,000, to remain available
for obligation until September 30, 1997: Provided, That of the funds
appropriated in this paragraph, $70,458,000 shall not be obligated or
expended until authorized by law.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854, title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes; as follows:
For the Navy, $335,368,000;
For the Marine Corps, $158,442,000;
In all: $493,810,000, to remain available for obligation until
September 30, 1997: Provided, That of the funds appropriated in this
paragraph, $34,500,000 shall not be obligated or expended until
authorized by law.
Shipbuilding and Conversion, Navy
(including transfer of funds)
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier replacement program, $2,446,958,000;
DDG-51 destroyer program, $2,607,690,000;
LHD-1 amphibious assault ship program, $50,000,000;
Nuclear submarine main steam condenser industrial base,
$1,000,000;
Cost growth on prior years' programs, $8,200,000;
For craft, outfitting, post delivery, conversions, and
first destination transportation, $357,521,000;
In all: $5,471,369,000, and, in addition, $1,200,000,000 shall be
derived by transfer from the National Defense Sealift Fund for
additional funding for the Carrier replacement program, all to remain
available for obligation until September 30, 1999: Provided, That
additional obligations may be incurred after September 30, 1999, for
engineering services, tests, evaluations, and other such budgeted work
that must be performed in the final stage of ship construction:
Provided further, That none of the funds herein provided for the
construction or conversion of any naval vessel to be constructed in
shipyards in the United States shall be expended in foreign facilities
for the construction of major components of such vessel: Provided
further, That none of the funds herein provided shall be used for the
construction of any naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of not to exceed 262 passenger motor
vehicles, of which 162 shall be for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; $3,271,088,000, to remain available for obligation
until September 30, 1997: Provided, That of the funds appropriated in
this paragraph, $29,477,000 shall not be obligated or expended until
authorized by law.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of not to exceed 103
passenger motor vehicles for replacement only; and expansion of public
and private plants, including land necessary therefor, and such lands
and interests therein, may be acquired and construction prosecuted
thereon prior to approval of title; $452,178,000, to remain available
for obligation until September 30, 1997: Provided, That of the funds
appropriated in this paragraph, $58,768,000 shall not be obligated or
expended until authorized by law.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things; $6,182,199,000, to remain available for
obligation until September 30, 1997: Provided, That not less than
$103,700,000 of the funds appropriated in this paragraph shall be used
only to initiate procurement of non-developmental airlift aircraft no
later than September 30, 1995: Provided further, That the Department of
the Air Force shall qualify a second source producer for the C-17
transport aircraft engine and competitively contract for the
procurement of the C-17 engine no later than September 30, 1997:
Provided further, That of the funds appropriated in this paragraph,
$80,432,000 shall not be obligated or expended until authorized by law.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things;
$2,758,285,000, to remain available for obligation until September 30,
1997.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854, title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes; $278,681,000, to remain available for
obligation until September 30, 1997: Provided, That of the funds
appropriated in this paragraph, $18,963,000 shall not be obligated or
expended until authorized by law.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed 678
passenger motor vehicles for replacement only; and expansion of public
and private plants, Government-owned equipment and installation thereof
in such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; $6,886,613,000, to remain available for obligation until
September 30, 1997: Provided, That of the funds appropriated in this
paragraph, $31,190,000 shall not be obligated or expended until
authorized by law.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of not to exceed 437 passenger motor vehicles, of which 431
shall be for replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; $3,020,616,000, to
remain available for obligation until September 30, 1997: Provided,
That of the funds appropriated in this paragraph, $953,922,000 shall
not be obligated or expended until authorized by law.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces; $796,200,000, to remain available for
obligation until September 30, 1997: Provided, That of the funds
appropriated in this paragraph, $9,000,000 shall not be obligated or
expended until authorized by law.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $5,456,498,000, to remain available for obligation
until September 30, 1996: Provided, That of the funds appropriated in
this paragraph, $35,695,000 shall not be obligated or expended until
authorized by law.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $8,598,958,000, to remain available for obligation
until September 30, 1996: Provided, That for continued research and
development programs at the National Center for Physical Acoustics,
centering on ocean acoustics as it applies to advanced antisubmarine
warfare acoustics issues with focus on ocean bottom acoustics, seismic
coupling, sea-surface and bottom scattering, oceanic ambient noise,
underwater sound propagation, bubble related ambient noise,
acoustically active surfaces, machinery noise, propagation physics,
solid state acoustics, electrorheological fluids, transducer
development, ultrasonic sensors, and other such projects as may be
agreed upon, $1,000,000 shall be made available, as a grant, to the
Mississippi Resource Development Corporation, of which not to exceed
$250,000 of such sum may be used to provide such special equipment as
may be required for particular projects: Provided further, That none of
the funds appropriated in this paragraph may be obligated or expended
to develop or purchase equipment for an Aegis destroyer variant
(commonly known as ``Flight IIA'') whose initial operating capability
is budgeted to be achieved prior to the initial operating capability of
the Ship Self-Defense program, nor to develop sensor, processor, or
display capabilities which duplicate in any way those being developed
in the Ship Self-Defense program: Provided further, That funds
appropriated in this paragraph for development of E-2C aircraft
upgrades may not be obligated until the Under Secretary of Defense for
Acquisition submits a plan to the Committees on Appropriations and
Armed Services of each House of Congress for development and deployment
of a fully participating cooperative engagement capability on E-2
aircraft to be fielded concurrent with and no later than major computer
upgrades for the aircraft: Provided further, That funds appropriated in
this paragraph for development of the LPD-17 ship may not be obligated
unless the baseline design of the ship includes cooperative engagement
capability and sufficient own-ship self-defense capability against
advanced sea-skimming antiship cruise missiles in the baseline design
to achieve an estimated probability of survival from attack by such
missiles at a level no less than any other Navy ship.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $10,728,533,000, to remain available for obligation
until September 30, 1996: Provided, That not less than $12,000,000 of
the funds appropriated in this paragraph shall be made available only
for the Joint Seismic Program and Global Seismic Network administrated
by the Incorporated Research Institutions for Seismology: Provided
further, That not less than $20,000,000 of the funds appropriated in
this paragraph shall be made available only for the National Center for
Manufacturing Sciences (NCMS).
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, as authorized by law;
$9,419,955,000, to remain available for obligation until September 30,
1996: Provided, That not less than $120,000,000 of the funds
appropriated in this paragraph are available only for the Sea-Based
Wide Area Defense program: Provided further, That of the funds
appropriated in this paragraph, $361,743,000 shall not be obligated or
expended until authorized by law: Provided further, That funds
appropriated in this paragraph for development of the TIER II Plus
vehicle shall not be obligated until not less than $50,000,000 has been
obligated for the TIER III Minus vehicle.
Developmental Test and Evaluation, Defense
For expenses, not otherwise provided for, of independent activities
of the Director, Test and Evaluation in the direction and supervision
of developmental test and evaluation, including performance and joint
developmental testing and evaluation; and administrative expenses in
connection therewith; $251,495,000, to remain available for obligation
until September 30, 1996.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith; $12,501,000, to remain available for obligation until
September 30, 1996.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Business Operations Fund
For the Defense Business Operations Fund; $1,090,438,000.
National Defense Sealift Fund
(including transfer of funds)
For National Defense Sealift Fund programs, projects, and
activities, $858,600,000, to remain available until expended: Provided,
That $25,000,000 shall be transferred to the Secretary of
Transportation for title XI loan guarantees: Provided further, That
none of the funds provided in this paragraph shall be used to award a
new contract that provides for the acquisition of any of the following
major components unless such components are manufactured in the United
States: auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (that is; engines, reduction
gears, and propellers); shipboard cranes; and spreaders for shipboard
cranes: Provided further, That the exercise of an option in a contract
awarded through the obligation of previously appropriated funds shall
not be considered to be the award of a new contract: Provided further,
That the Secretary of the military department responsible for such
procurement 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 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: Provided further, That funds
appropriated in this paragraph shall not be obligated or expended until
authorized by law.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by law;
$9,895,159,000, of which $9,577,770,000 shall be for Operation and
maintenance, of which $317,389,000, to remain available for obligation
until September 30, 1997, shall be for Procurement: Provided, That the
Department shall continue to competitively contract during fiscal year
1995 for mail service pharmacy for at least two multi-state regions in
addition to the ongoing solicitations for Florida, South Carolina,
Georgia, Delaware, New Jersey, Pennsylvania, and Hawaii, as well as
each base closure area not supported by an at-risk managed care plan;
that such services shall be procured independent of any other
Department managed care contracts; that one multi-state region shall
include the State of Kentucky and that one multi-state region shall
include the State of New Mexico: Provided further, That of the funds
appropriated in this paragraph, $8,500,000 shall not be obligated or
expended until authorized by law.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $562,949,000, of which $345,784,000 shall be
for Operation and maintenance, $196,465,000 shall be for Procurement to
remain available until September 30, 1997, and $20,700,000 shall be for
Research, development, test and evaluation to remain available until
September 30, 1996.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
Operation and maintenance; for Procurement; and for Research,
development, test and evaluation; $713,053,000: Provided, That the
funds appropriated by this paragraph shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That the transfer authority
provided in this paragraph is in addition to any transfer authority
contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended; $142,098,000, of which $141,098,000 shall be for Operation and
maintenance, of which not to exceed $400,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on his
certificate of necessity for confidential military purposes; and of
which $1,000,000, to remain available until September 30, 1997, shall
be for Procurement.
Defense Conversion and Reinvestment
(including transfer of funds)
For necessary expenses for transition benefits for military and
civilian employees of the Department of Defense, and for assistance to
communities and industries affected by the military drawdown; for
transfer to appropriations available to the Department of Defense for
Operation and maintenance, and for Research, development, test and
evaluation; $1,401,944,000: Provided, That the funds appropriated by
this paragraph shall be available for the same time period and for the
same purpose as the appropriation to which transferred: Provided
further, That the transfer authority provided in this paragraph is in
addition to any transfer authority contained elsewhere in this Act:
Provided further, That $50,000,000 shall be available to cover the
costs (as defined in section 502(5) of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5))) of loan guarantees issued pursuant to
subsection (b)(3) of such section: Provided further, That of the funds
appropriated in this paragraph, $30,744,000 shall not be obligated or
expended until authorized by law.
Korean Enhanced Readiness Account
(including transfer of funds)
For necessary expenses to enhance the readiness of United States
Forces to perform the mission assigned to United States Forces, Korea,
$250,000,000: Provided, That such funds may be transferred by the
Secretary to appropriations made available to the Department of Defense
for Operation and maintenance, Procurement, and Research, development,
test and evaluation: Provided further, That the funds appropriated by
this paragraph shall be available for the same time period and for the
same purpose as the appropriation to which transferred: Provided
further, That the transfer authority provided in this paragraph is in
addition to any transfer authority contained elsewhere in this Act:
Provided further, That of the funds appropriated by this paragraph, not
less than $55,000,000 shall be transferred to ``Other procurement,
Army'', and not less than $15,000,000 shall be transferred to
``Research, development, test and evaluation, Defense-Wide'': Provided
further, That no funds made available under this paragraph shall be
obligated until 15 days after submission of a report by the Secretary
to the House and Senate Committees on Appropriations explaining and
justifying the proposed uses of such funds: Provided further, That
funds appropriated in this paragraph shall not be obligated or expended
until authorized by law.
TITLE VII
NATIONAL FOREIGN INTELLIGENCE PROGRAM
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain proper funding level for continuing
the operation of the Central Intelligence Agency Retirement and
Disability System; $198,000,000.
Community Management Account
For necessary expenses of the Community Management Account;
$83,084,000: Provided, That of the funds appropriated in this
paragraph, no more than $2,000,000 may be available for the purchase of
information system upgrades at the Department of State Bureau of
Intelligence and Research.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 per centum of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last two months of the fiscal year:
Provided, That this 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 interest, he may, with the approval
of the Office of Management 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 construction) 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 requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested 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.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense 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 disbursements to be
made from such funds: Provided, That transfers 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 appropriated
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
Kaiserslautern Military Community in the Federal Republic 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
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished 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. 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 providers 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 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 implement this
section. Such regulations shall include a limitation, similar 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. 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 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 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 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 quantity 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 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 further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement.
Sec. 8011. Within the funds appropriated for the operation 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 chapter 20 of title 10, United
States Code, and these obligations shall be reported to Congress on
September 30 of each year: Provided, 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 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 Islands, the Marshall Islands, the
Federated States of Micronesia, 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 Commission, July 1991, and Public
Law 100-526.
Sec. 8013. (a) The provisions of section 115(a)(4) of title 10,
United States Code, shall not apply with respect to fiscal year 1995 or
with respect to the appropriation 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 Department 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 influence congressional
action on any legislation or appropriation 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 Act as a technician in the administration
and training of the Army Reserve and the maintenance and repair of
supplies issued to the Army Reserve unless 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. 8016. 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 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 required 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 medical
treatment facilities.
Sec. 8018. (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 member 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 limitations 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 further, That this subsection
applies only to active 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 Reserve 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 education.
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 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. 8021. 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, Control, Communications and Intelligence:
Provided further, That except for those programs to modernize and
develop migration and standard automated information systems that have
been certified 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
Department 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, 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 software 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 appropriated to charter ships 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 Experiment 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 available from United States manufacturers.
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 Emergency 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 identified in the Department of Defense
Appropriations Act, 1995, the accompanying House and Senate Committee
reports, the conference report and accompanying joint explanatory
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 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, $223,736,000
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 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 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 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 consisting of software,
hardware, and communications equipment and unless such contract
continues to preclude the use of Government furnished
equipment, operating systems, and executive applications
software; 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 information 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 insufficient 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 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 designee, provided that the procurement is
a one for one replacement 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 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 components of anchor and mooring chain
shall be considered to be produced 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
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 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.
(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 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 transfers 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 Representatives 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 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 limitation 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 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 responsibilities, shall be under
the command and control of the Commander, Naval Reserve Command:
Provided, That notwithstanding any other provision of law, the one-time
costs, including the procurement or lease of new or reutilized
automatic data processing investment equipment, peripheral equipment
and related software, of the 1993 Report to the President of the
Defense Base Closure and Realignment Commission or current DOD Data
Center 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 Department of Defense
shall be obligated or expended for (or to implement) automatic data
processing, data processing center, central design activity, DMRD 918,
defense information infrastructure, and military or civilian personnel
function consolidation plans, consolidations, and disestablishment 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 collocated 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, including complete review comments and a validation by the
Department of Defense Comptroller, justifying and validating 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 function and activity consolidations and disestablishment,
realignment, or consolidation plans, that are in more than one defense
management report plan or decision or any other Department of Defense
or Service consolidation, disestablishment or realignment plan; (2)
utilize criteria primarily weighted to evaluate, measure and compare
how data processing centers and activities, central design activities,
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 operations 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 Realignment
Commission approved recommendations concerning the Enlisted Personnel
Management Center and the collocated Naval Computer and
Telecommunications Station.
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 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 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
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 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 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
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 sectors 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 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. 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 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:
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.
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
regulation, 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 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 Squadron 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 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 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 purchases
made from qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit 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-Wagner-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
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
writing to the Committees on Appropriations that an alternative
acquisition must be made in order to acquire capability for national
security purposes.
Sec. 8051. Section 8060 of the Department of Defense Appropriations
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 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 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 activities
of Department of Defense (DOD) Federally 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 Trustees of a profit-making company
under contract to the Department of Defense unless the FFRDC has a DOD
approved 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 entity, or as a separate entity
administered by an organization managing another FFRDC, or as a
nonprofit membership 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 establishing pay caps for FFRDC
employees that was directed 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 facility 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 restrictions 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 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: Provided 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 Committees on Armed Services, the
Committees on Appropriations, and the subcommittees on Defense of the
Committee on Appropriations, of the Senate and the House of
Representatives.
Sec. 8057. Notwithstanding any other provision of law, during the
current fiscal year, the Department of Defense may acquire the
modification, depot maintenance and repair of aircraft, vehicles and
vessels as well as the production of components and other Defense-
related articles, through competition between Department of Defense
depot maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or defense
agency concerned, with power of delegation, shall certify that
successful bids include comparable estimates of all direct and indirect
costs for both 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 American 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 understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to Congress 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 Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
Sec. 8059. (a) Of the funds made available in this Act in title II,
Operation and Maintenance, Army, $2,000,000 shall be available only to
execute the cleanup of uncontrolled hazardous waste contamination
affecting the Sale Parcel at Hamilton Air Force Base, in Novato, in the
State of California.
(b) Notwithstanding any other provision of law, in the event that
the purchaser of the Sale Parcel exercises its option to withdraw from
all or a portion of the sale, as provided in the Agreement and
Modification, dated September 25, 1990, between the Department of
Defense, the General Services Administration, and the purchaser, as
amended, the purchaser's deposit of $4,500,000 shall be returned by the
General Services Administration and funds eligible for reimbursement
under the Agreement and Modification, as amended, shall come from the
funds made available to the Department of Defense by this Act.
(c) In the event that the purchaser purchases only a portion of the
Sale Parcel and exercises its option to withdraw from the sale as to
the rest of the Sale Parcel, the portion of the Sale Parcel that is not
purchased (other than Landfill 26 and an appropriate buffer area around
it and the groundwater treatment facility site), together with any of
the land referred to in section 9099(e) of Public Law 102-396 that is
not purchased by the purchaser, shall be sold to the City of Novato, in
the State of California, for the sum of One Dollar as a public benefit
transfer for school, classroom or other educational use, for use as a
public park or recreation area or for further conveyance as provided
herein, subject to the following restrictions: (1) if the City sells
any portion of such land to any third party within ten years after the
transfer to the City, which sale may be made without the foregoing use
restrictions, any proceeds received by the City in connection with such
sale, minus the demonstrated reasonable costs of conducting the sale
and of any improvements made by the City to the land following its
acquisition of the land (but only to the extent such improvements
increase the value of the portion sold), shall be immediately turned
over to the Army in reimbursement of the withdrawal payment made by the
Army to the contract purchaser and the costs of cleaning up the
Landfill and (2) until one year following completion of the cleanup of
contaminated soil in the Landfill and completion of the groundwater
treatment facilities, the sale must be at a per-acre price for the
portion sold that is at least equal to the per-acre contract price paid
by the purchaser for the portion of the Sale Parcel purchased under the
Agreement and Modification, as amended, and thereafter must be at a
price at least equal to the fair market value of the portion sold. The
foregoing restrictions shall not apply to a transfer to another public
or quasi-public agency for public uses of the kind described above. The
deed to the City shall contain a clause providing that, if any of the
proceeds referred to in clause (1) are not delivered to the Army within
30 days after sale, or any portion of the land not sold as provided
herein is used for other than educational, park or recreational uses,
title to the applicable portion of such land shall revert to the United
States Government at the election of the General Services
Administration. The Army shall agree to deliver into the applicable
closing escrow an acknowledgement of receipt of any proceeds described
in clause (1) above and a release of the reverter right as to the
affected land, effective upon such receipt.
(d) Notwithstanding any other provision of law, the Air Force shall
be reimbursed for expenditures in excess of $15,000,000 in connection
with the total clean-up of uncontrolled hazardous waste contamination
on the aforementioned Sale Parcel from the proceeds collected upon the
closing of any portion of the Sale Parcel purchased by the contract
purchaser under the Agreement and Modification, as amended.
(e) Notwithstanding any other provision of law, the purchaser's
reimbursement claims shall be audited by the Defense Contract Audit
Agency for reasonableness and accuracy before the Department of Defense
provides any funds under the purchaser's withdrawal and reimbursement
rights.
Sec. 8060. Notwithstanding any other provision of law, the
Secretary of Defense may, when he considers it in the best interest of
the United States, cancel any part of an indebtedness, up to $2,500,
that is or was owed to the United States by a member or former member
of a uniformed service if such indebtedness, as determined by the
Secretary, was incurred in connection with Operation Desert Shield/
Storm: Provided, That the amount of an indebtedness previously paid by
a member or former member and cancelled under this section shall be
refunded to the member.
Sec. 8061. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
Sec. 8062. During the current fiscal year and thereafter, voluntary
separation incentives payable under 10 U.S.C. 1175 may be paid in such
amounts as are necessary from the assets of the Voluntary Separation
Incentive Fund established by section 1175(h)(1).
(including transfer of funds)
Sec. 8063. Amounts deposited during fiscal years 1994 and 1995 to
the special account established under 40 U.S.C. 485(h)(2) and to the
special account established under 10 U.S.C. 2667(d)(1) are appropriated
and shall be available until transferred by the Secretary of Defense to
current applicable appropriations or funds of the Department of Defense
under the terms and conditions specified by 40 U.S.C. 485(h)(2) (A) and
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available
for the same time period and the same purposes as the appropriation to
which transferred.
Sec. 8064. In order to maintain an electric furnace capacity in the
United States, preference for the purchase of chromite ore and
manganese ore authorized for disposal from the National Defense
Stockpile shall be given to domestic producers of high carbon
ferrochromium and high carbon ferromanganese--
(A) whose primary output during the three preceding years
has been ferrochromium or ferromanganese; and
(B) who guarantee to use the chromite and manganese ore for
domestic purposes.
Sec. 8065. None of the funds in this or any other Act shall be
available for the preparation of studies on--
(a) the feasibility of removal and transportation of
unitary chemical weapons from the eight chemical storage sites
within the continental United States: Provided, That this
prohibition shall not apply to non-stockpile material in the
United States or to studies needed for environmental analysis
required by the National Environmental Policy Act, or for
General Accounting Office studies requested by a Member of
Congress or a Congressional Committee; and
(b) the potential future uses of the nine chemical disposal
facilities other than for the destruction of stockpile chemical
munitions and as limited by section 1412(c)(2), Public Law 99-
145: Provided, That this prohibition does not apply to future
use studies for the CAMDS facility at Tooele, Utah.
Sec. 8066. During the current fiscal year, appropriations available
to the Department of Defense may be used to reimburse a member of a
reserve component of the Armed Forces who is not otherwise entitled to
travel and transportation allowances and who occupies transient
government housing while performing active duty for training or
inactive duty training: Provided, That such members may be provided
lodging in kind if transient government quarters are unavailable as if
the member was entitled to such allowances under subsection (a) of
section 404 of title 37, United States Code: Provided further, That if
lodging in kind is provided, any authorized service charge or cost of
such lodging may be paid directly from funds appropriated for operation
and maintenance of the reserve component of the member concerned.
Sec. 8067. For fiscal year 1995, the total amount appropriated to
fund the Uniformed Services Treatment Facilities program, operated
pursuant to section 911 of Public Law 97-99 (42 U.S.C. 248c), is
limited to $329,000,000, of which not more than $300,000,000 may be
provided by the funds appropriated by this Act.
Sec. 8068. None of the funds available in this Act may be used to
support in any manner, including travel or other related expenses, the
``Tailhook Association'': Provided, That investigations by the
Secretary of the Navy or consultation with the Tailhook Association are
not prohibited by this provision.
Sec. 8069. The President shall include with each budget for a
fiscal year submitted to the Congress under section 1105 of title 31,
United States Code, materials that shall identify clearly and
separately the amounts requested in the budget for appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, and
the Defense Agencies.
Sec. 8070. None of the funds available to the Department of Defense
may be obligated or expended for construction of Ground Wave Emergency
Network (GWEN) sites in Fiscal Year 1995.
Sec. 8071. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act.
Sec. 8072. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8073. During the current fiscal year and thereafter, annual
payments granted under the provisions of section 4416 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-428; 106
Stat. 2714) shall be made from appropriations in this Act which are
available for the pay of reserve component personnel.
Sec. 8074. None of the funds appropriated by this Act may be used
to relocate the 116th Fighter Wing of the Air National Guard from
Dobbins Air Reserve Base to Robins Air Force Base, or to convert that
wing from F-15A aircraft to B-1B aircraft.
Sec. 8075. None of the funds appropriated by this Act shall be used
to procure aircraft fuel cells unless the fuel cells are produced or
manufactured in the United States by a domestic-operated entity:
Provided, 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 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.
Sec. 8076. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance
may be used to purchase items having an investment item unit cost of
not more than $50,000.
Sec. 8077. During the current fiscal year and thereafter,
appropriations available for the pay and allowances of active duty
members of the Armed Forces shall be available to pay the retired pay
which is payable pursuant to section 4403 of Public Law 102-484 (10
U.S.C. 1293 note) under the terms and conditions provided in section
4403.
Sec. 8078. (a) During the current fiscal year, none of the
appropriations or funds available to the Defense Business Operations
Fund shall be used for the purchase of an investment item for the
purpose of acquiring a new inventory item for sale or anticipated sale
during the current fiscal year or a subsequent fiscal year to customers
of the Defense Business Operations Fund if such an item would not have
been chargeable to the Defense Business Operations Fund during fiscal
year 1994 and if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations made to the
Department of Defense for procurement.
(b) The fiscal year 1996 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 1996 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 1996 procurement appropriation and not in the supply
management business area or any other area or category of the Defense
Business Operations Fund.
Sec. 8079. None of the funds provided in this Act shall be
available for use by a Military Department to modify an aircraft,
weapon, ship or other item of equipment, that the Military Department
concerned plans to retire or otherwise dispose of within five years
after completion of the modification: Provided, That this prohibition
shall not apply to safety modifications: Provided further, That this
prohibition may be waived by the Secretary of a Military Department if
the Secretary determines it is in the best national security interest
of the country to provide such waiver and so notifies the congressional
defense committees in writing.
Sec. 8080. No part of the funds in this Act shall be available to
prepare or present a request to the Committees on Appropriations for
reprogramming of funds, unless for higher priority items, based on
unforeseen military requirements, than those for which originally
appropriated and in no case where the item for which reprogramming is
requested has been denied by the Congress.
Sec. 8081. None of the funds appropriated by this Act shall be
available for payment of the compensation of personnel assigned to or
serving in the National Foreign Intelligence Program in excess of 94
percent of such personnel actually assigned to or serving in the
National Foreign Intelligence Program on September 30, 1992: Provided,
That in making any reduction in the number of such personnel that may
be required pursuant to this section, the percentage of reductions to
Senior Intelligence Service positions shall be equal to or exceed the
percentage of reductions to non-Senior Intelligence Service positions:
Provided further, That in making any reduction in the number of such
personnel that may be required pursuant to this section, the percentage
of reductions to positions in the National Capital Region shall be
equal to or exceed the percentage of reductions to positions outside of
the National Capital Region.
Sec. 8082. None of the funds provided by this Act may be used to
pay the salaries of any person or persons who authorize the transfer of
obligated and deobligated appropriations into the Reserve for
Contingencies of the Central Intelligence Agency.
Sec. 8083. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 1996.
Sec. 8084. The classified Annex prepared by the Committee on
Appropriations to accompany the report on the Department of Defense
Appropriations Act, 1995 is hereby incorporated into this Act:
Provided, That the amounts specified in the classified Annex are not in
addition to amounts appropriated by other provisions of this Act:
Provided further, That the President shall provide for appropriate
distribution of the classified Annex, or of appropriate portions of the
classified Annex, within the executive branch of the Government.
Sec. 8085. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8086. None of the funds appropriated by this Act shall be
available for the planning, programming or actual movement of any
component or function of the Defense Mapping Agency Aerospace Center
annex from the St. Louis, Missouri area.
Sec. 8087. Notwithstanding any other provision of law,
reimbursements received from the North Atlantic Treaty Organization for
the E-3 Airborne Warning and Control System (AWACS) Radar System
Improvement Program (RSIP) attributable to development work for fiscal
years 1987 through 1992 shall be available to the Air Force until
September 30, 1995, for meeting that service's financial commitments
for the AWACS RSIP.
Sec. 8088. (a) None of the funds appropriated or otherwise made
available in this Act may be used to transport or provide for the
transportation of chemical munitions to the Johnston Atoll for the
purpose of storing or demilitarizing such munitions.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition of the United States found in
the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a)
during a period of war in which the United States is a party.
Sec. 8089. Notwithstanding any other provision of law, funds made
available in this Act and in the fiscal year 1994 Department of Defense
Appropriations Act (Public Law 103-139) under the heading
``Procurement, Defense-Wide'' shall be available to pay equitable
adjustments to which the contractor is legally entitled for Coastal
Patrol Craft that were procured in prior fiscal years.
Sec. 8090. Notwithstanding any other provision of law, funds
appropriated in this Act for the High Performance Computing
Modernization Plan shall be made available only for the upgrade,
purchase, or modernization of supercomputing capability and capacity at
all DOD high performance computing sites: Provided, That contracts,
contract modifications, or contract options are awarded as the result
of full and open competition based upon the requirements of the users.
Sec. 8091. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the
current fiscal year pursuant to section 1459(g) of the Department of
Defense Authorization Act, 1986 and deposited to the special account
established under subsection 1459(g)(2) of that Act are appropriated
and shall be available until expended for the operation and maintenance
of the Center as provided for in subsection 1459(g)(2).
Sec. 8092. The Secretary of Defense and the Director of Central
Intelligence shall deliver, no later than January 1, 1995, a report
providing the following information about all research and development
projects involving the implementation, monitoring, or verification of
current and projected international arms control agreements: (a) annual
and total budgets, goals, schedules, and priorities; (b) relationships
among related projects being funded by the Department of Defense, the
National Foreign Intelligence Program, and other departments and
agencies of the Federal Government; and (c) comments by the Arms
Control and Disarmament Agency about the relevance of each project to
the arms control priorities of the United States.
Sec. 8093. Notwithstanding any other provision of law, none of the
funds appropriated in this or any other Act shall be used for the
purchase of a totally enclosed lifeboat survival system, which consists
of the lifeboat and associated davits and winches, if less than 75
percent of the entire system's components are manufactured in the
United States, and if less than 75 percent of the labor in the
manufacture and assembly of the entire system is performed in the
United States.
Sec. 8094. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934,
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
Sec. 8095. None of the funds available to the Department of Defense
in this Act shall be used by the Secretary of a military department to
purchase coal or coke from foreign nations for use at United States
defense facilities in Europe when coal from the United States is
available.
Sec. 8096. None of the funds appropriated or otherwise made
available by this Act may be used for a defense technology reinvestment
project that is not selected pursuant to the applicable competitive
selection and other procedures set forth in chapter 148 of title 10,
United States Code.
Sec. 8097. None of the funds appropriated in this Act are available
for development of bi-static active capability in SURTASS unless the
acoustic signal processing for this capability is hosted exclusively on
the AN/UYS-2 in the operational system.
Sec. 8098. None of the funds appropriated by this Act shall be
available for a contract for studies, analyses, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work,
or
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source, or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to
which a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such contract is
in the interest of the national defense.
Sec. 8099. Notwithstanding any other provision of law, the
Secretary of the Navy shall obligate funds made available in the fiscal
year 1993 Department of Defense Appropriations Act (Public Law 102-396)
and the fiscal year 1994 Department of Defense Appropriations Act
(Public Law 103-139) under the heading ``Aircraft Procurement, Navy''
for the USH-42 mission recorder for S-3 aircraft.
Sec. 8100. It is the sense of Congress that none of the funds
appropriated or otherwise made available by this Act should be
available for the purposes of deploying United States Armed Forces to
participate in the implementation of a peace settlement in Bosnia-
Herzegovina, unless previously authorized by the Congress.
(transfer of funds)
Sec. 8101. In addition to any other transfer authority contained in
this Act, funding appropriated under the heading ``Operation and
Maintenance, Defense-Wide'' for increasing energy and water efficiency
in Federal buildings may be transferred to other appropriations or
funds of the Department of Defense, 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.
Sec. 8102. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 1995 until the enactment of the Intelligence
Authorization Act for fiscal year 1995.
Sec. 8103. (1) Except as provided in subsection (c) below, it is
the sense of the Congress that none of the funds appropriated by this
Act should be obligated or expended for costs incurred by the United
States Armed Forces units serving in any international peacekeeping or
peace-enforcement operations under the authority of Chapter VI or
Chapter VII of the United Nations Charter and under the authority of a
United Nations Security Council Resolution, or for costs incurred by
United States Armed Forces serving in any significant international
humanitarian, peacekeeping or peace-enforcement operations, unless--
(a) the President initiates consultations with the bi-
partisan leadership of Congress, including the leadership of
the relevant committees, regarding such operations; these
consultations should be initiated at least fifteen days prior
to the initial deployment of United States Armed Forces units
to participate in such an operation, whenever possible, but in
no case later than forty-eight hours after such a deployment;
and these consultations should continue on a periodic basis
throughout the period of the deployment;
(b) such consultation should include discussion of--
(1) the goals of the operation and the mission of
any United States Armed Forces units involved in the
operation;
(2) the United States interests that will be served
by the operation;
(3) the estimated cost of the operation;
(4) the strategy by which the President proposes to
fund the operation, including possible supplemental
appropriations or payments from international
organizations, foreign countries or other donors;
(5) the extent of involvement of armed forces and
other contributions of personnel from other nations;
and
(6) the operation's anticipated duration and scope;
(c) subsection (a) does not apply with respect to an
international humanitarian assistance operation carried out in
response to natural disasters; or to any other international
humanitarian assistance operation if the President reports to
Congress that the estimated cost of such operation is less than
$50,000,000.
(2) Further, it is the sense of the Congress that the President
should seek supplemental appropriations for any significant deployment
of United States Armed Forces when such forces are to perform or have
been performing international humanitarian, peacekeeping or peace-
enforcement operations.
(including transfer of funds)
Sec. 8104. Balances of the funds appropriated in Public Laws 102-
172, 102-396, and 103-139, under the headings ``World University
Games'', ``Summer Olympics'', and ``World Cup USA 1994'' in title II of
those Acts shall be merged into a single account entitled ``Support for
International Sporting Competitions, Defense'', to remain available
until expended: Provided further, That such account shall be available
for the purpose of liquidating obligations incurred under the
appropriations from which funds are transferred pursuant to the
provisions of this section and for providing support to the 1996 Games
of the XXVI Olympiad to be held in Atlanta, Georgia, under the terms
and conditions specified in those Acts under the headings ``Summer
Olympics'' and for providing support to any other international
sporting competitions, as provided for in Authorization or
Appropriations Acts, during the current fiscal year and thereafter.
Sec. 8105. Of the funds appropriated in this Act, not to exceed
$68,000,000 may be used for the purchase or construction of vessels for
the Ready Reserve Force component of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744).
Sec. 8106. After September 1, 1995, none of the funds in this Act
are available for research, development, acquisition, or launch of
Titan IV expendable launch vehicles: Provided, That the above provision
shall not apply if the Secretary of Defense certifies to the Congress a
plan for the development of and initiation of a competition for a
family of launch vehicles that is--
(1) capable of launching both medium and heavy payloads,
(2) fully funded in the outyears, and
(3) scheduled to be available prior to the launch of the
41st Titan IV expendable launch vehicle:
Provided further, That MILSTAR satellites 1 through 6 shall be launched
on vehicles being procured as a part of the current contract for 41
Titan IV launch vehicles: Provided further, That none of the funds in
this Act may be used to procure more than 41 Titan IV expendable launch
vehicles.
Sec. 8107. Notwithstanding any other provision of law, of the funds
appropriated to the Department of the Navy for Operation and
Maintenance, not less than $3,000,000 shall be obligated and expended
only for operation and maintenance, purchase of automatic data
processing equipment, or in-house central design development for the
Naval Reserve Force Information Systems Office, the Navy Reserve
Personnel Center, the Enlisted Personnel Management Center, and the
collocated Naval Computer and Telecommunications Station: Provided,
That notwithstanding any other provision of law, of the funds
appropriated to the Department of Defense for Procurement, Defense-Wide
not less than $10,000,000 shall be obligated and expended only for
automatic data processing equipment or software, or in-house central
design development for the Naval Reserve Force Information Systems
Office, the Naval Reserve Personnel Center, the Enlisted Personnel
Management Center and the collocated Naval Computer and
Telecommunications Station: Provided further, That the Secretary of the
Navy shall establish the Naval Reserve Force Information Systems
Office, the Enlisted Personnel Management Center, and the collocated
Naval Computer and Telecommunications Station, as the designers,
developers, managers, integrators and central design activity for the
software development and maintenance of the Naval active and reserve
Single Source Data Collection System.
Sec. 8108. No funds available to the Department of Defense may be
used to establish additional field operating agencies or field offices
of any element of the Department during fiscal year 1995: Provided,
That after August 30, 1995, none of the funds available to the
Department of Defense shall be used to support more than fifty percent
of the field operating agencies or field offices of any element of the
Department of Defense which were in existence on September 30, 1994.
Sec. 8109. None of the funds made available in this Act under the
heading ``Shipbuilding and Conversion, Navy'' may be obligated for the
DDG-51 destroyer program or the LHD-1 amphibious assault ship program
until the fiscal year 1995 options for acquisition of sealift ships
have been exercised.
Sec. 8110. None of the funds provided in this Act may be used to
procure crystal oscillator carriers, ceramic package incorporating
ceramic components joined with glass (frit) or epoxy seals, or multi-
layer co-fired single chip ceramic packages unless such products are
produced or manufactured in the United States: Provided, 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 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. 8111. Notwithstanding any other provision of law, funds made
available in the fiscal year 1993 and 1994 Department of Defense
Appropriations Acts for the EA-6B program are to be used exclusively to
begin engineering changes that will increase the capability of the
Navy's EA-6B aircraft by insertion of the critical elements of the EA-
6B ADVCAP receiver processor group system into the on-board system and
the addition of the ALQ-149 Command, Control, and Communications
countermeasure system: Provided, That these funds shall be obligated no
later than 120 days after enactment of this Act: Provided further, That
the Secretary of the Navy shall obligate $6,000,000 made available in
the fiscal year 1994 Department of Defense Appropriations Act (Public
Law 103-139) exclusively for the miniaturization of the EA-6B RPG
technology for use on the Navy's electronic warfare aircraft.
(transfer of funds)
Sec. 8112. For the rehabilitation of damage caused to Rongelap
Atoll by the nuclear testing program and for the resettlement of
Rongelap Atoll, $5,000,000 is appropriated to the Department of
Defense, which shall be transferred to the Department of the Interior
for deposit into the Rongelap Resettlement Trust Fund.
Sec. 8113. None of the funds provided in this Act may be used to
develop the Sustaining Base Information System until the Assistant
Secretary of Defense for Command, Control, Communications and
Intelligence has certified to the Armed Services and Appropriations
Committees of Congress that the Department of Defense has published a
complete and comprehensive system functional description governing the
acquisition and has received from the contractor an estimate of the
number of lines of software code to implement such functional
description and an estimate of the attendant cost: Provided, That none
of the work content of the Sustaining Base Information System contract
may be performed instead by government in-house activities without
being competed if such efforts are passed through government
organizations to other than Sustaining Base Information System
contractors.
Sec. 8114. The Assistant Secretary of Defense for Command, Control,
Communications and Intelligence shall establish and implement a master
plan for all acquisitions of automated document conversion systems,
equipment, and technologies: Provided, That none of the funds in this
Act may be used to develop technologies or to acquire new automated
document conversion equipment, services, or systems which cost more
than $5,000,000 after January 1, 1995 unless such acquisitions are
approved in advance by the Assistant Secretary or his designee:
Provided further, That of the funds appropriated to the Department of
Defense for Procurement, Defense-Wide, not less than $30,000,000 shall
be used only to integrate the Automated Document Conversion System into
the Joint Engineering Data Management and Information Control System.
Sec. 8115. Notwithstanding any other provision of law, none of the
funds provided in this Act may be used to procure vessel propellers six
feet in diameter and greater unless such propellers are manufactured in
the United States incorporating only casting which are poured and
finished in the United States. Nor may any of the funds provided in
this Act be used to procure ship propulsion shafting unless such ship
propulsion shafting is manufactured in the United States: Provided,
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 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.
(transfer of funds)
Sec. 8116. Notwithstanding any other provision of law, $16,300,000
made available in the fiscal year 1993 Department of Defense
Appropriations Act (Public Law 102-396) for ``Other Procurement, Navy''
and $5,900,000 made available in the fiscal year 1994 Department of
Defense Appropriations Act (Public Law 103-139) for ``Other
Procurement, Navy'' shall be transferred to ``Research, Development,
Test and Evaluation, Navy'' for the SPS-48E program.
Sec. 8117. Notwithstanding any other provision of law, the
Department of Defense shall award contracts for the CHAMPUS Reform
Initiative in California-Hawaii and the Managed Care Support initiative
in Washington-Oregon regions in sufficient time for the contractors to
begin to provide health care under those contracts no later than April
1, 1995 in California and Hawaii, and not later than March 1, 1995 for
Washington and Oregon, or as soon thereafter as practicable.
Sec. 8118. None of the funds appropriated in this Act shall be used
for the recruitment or enrollment of a new student or class of students
at the Uniformed Services University of the Health Sciences.
Sec. 8119. None of the funds appropriated or made available by this
Act shall be obligated to procure active matrix liquid crystal displays
unless the displays, including the active and passive plates, are
produced or manufactured in the United States by a domestic-owned and
domestic-operated entity: Provided, That the Secretary of the military
department or head of a Defense Agency responsible for the procurement
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 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: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of enactment of this Act.
Sec. 8120. None of the funds appropriated in this Act to the
Department of the Army may be obligated for procurement of 120mm
mortars or 120mm mortar ammunition manufactured outside of the United
States.
Sec. 8121. The total amount appropriated to or for the use of the
Department of Defense by this Act for research, development, test and
evaluation for management support is hereby reduced by $30,000,000:
Provided, That the Secretary of Defense shall allocate the amount
reduced in the preceding sentence and not later than December 31, 1994,
report to the Senate and the House Committees on Appropriations and
Armed Services how this reduction was allocated among the services and
Defense Agencies.
This Act may be cited as the ``Department of Defense Appropriations
Act, 1995''.
Passed the House of Representatives June 29, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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