Department of Defense Appropriations Act, 1995

TABLE OF CONTENTS:

Title I: Military Personnel

Title II: Operation and Maintenance

Title III: Procurement

Title IV: Research, Development, Test and Evaluation

Title V: Revolving and Management Funds

Title VI: Other Department of Defense Programs

Title VII: Related Agencies

Title VIII: General Provisions

Title IX: Fiscal Year 1994 Supplemental Appropriation

Department of Defense Appropriations Act, 1995 - Title I: Military Personnel - Appropriates funds for FY 1995 for military and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY 1995 for the operation and maintenance of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for the Army's National Board for the Promotion of Rifle Practice, the Court of Military Appeals, environmental restoration (including a transfer of funds), logistic support and personnel services for the 1996 Summer Olympic Games and the 1995 Special Olympics World Games, transportation for humanitarian assistance for Afghanistan, the Kurdish population and other minorities of northern Iraq, and the people of sub-Saharan Africa, and for assistance to the republics of the former Soviet Union for the elimination and safe transportation and storage of nuclear, chemical, and other weapons.

Title III: Procurement - Appropriates funds for FY 1995 for procurement by the armed forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion (including a transfer of funds and including the carrier replacement program and the DDG-51 destroyer program), National Guard and reserve equipment and defense-wide procurement.

Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY 1995 for research, development, test and evaluation by the armed forces and defense agencies (including a transfer of funds for defense-wide R&D). Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Business Operations Fund; and (2) programs under the National Defense Sealift Fund (including a transfer of funds).

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) expenses and activities of the Office of the Inspector General in carrying out the Inspector General Act of 1978.

Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) expenses of the Community Management Account; and (3) payment to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund. Transfers specified funds from the National Security Education Trust Fund for providing national security scholarships, fellowships, and grants under provisions of the Intelligence Authorization Act, Fiscal Year 1992.

Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds.

(Sec. 8013) Prohibits during FY 1995 the management by end strengths of DOD civilian personnel.

(Sec. 8032) Requires DOD funds to be made available to provide transportation of medical supplies and equipment to American Samoa.

(Sec. 8033) Authorizes the Secretary of Defense to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries.

(Sec. 8040) Directs the Secretary to include a complete five-year review, containing specified force structure and budget information, in any base closure and realignment plan submitted to the Congress.

(Sec. 8051) Repeals a provision of the Department of Defense Appropriations Act, 1994, which authorizes DOD to develop and procure the LANDSAT 7 vehicle.

(Sec. 8054) Prohibits funds appropriated under this Act for the use of DOD federally funded R&D centers from being obligated or expended for such a center if a member of its Board of Directors or Trustees simultaneously serves on the Board or Trustees of a profit-making company under contract with DOD unless the R&D center has a DOD-approved conflict of interest policy for its members. Reduces the total amount appropriated to DOD under title IV of this Act to reflect savings resulting from the decreased use of such centers and related consulting services.

(Sec. 8055) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.

(Sec. 8059) Earmarks funds appropriated in this Act for the cleanup of uncontrolled hazardous waste contamination affecting the sale of a parcel of land at Hamilton Air Force Base, California.

(Sec. 8062) Authorizes the payment of voluntary separation incentive payments to military personnel during the current fiscal year.

(Sec. 8067) Limits the total funding, as well as the amount of funds authorized to be obligated from this Act, for the Uniformed Services Treatment Facilities program.

(Sec. 8068) Prohibits the use of funds: (1) for travel or other support costs of the Tailhook Association; (2) to procure aircraft fuel cells not produced or manufactured in the United States; (3) to establish or support any organic depot maintenance support activity for the B-2 bomber until a certain review and report have been completed; (4) for compensation of National Foreign Intelligence personnel in excess of a specified amount; (5) to transport chemical munitions to the Johnston Atoll for storage or demilitarization purposes; (6) by a DOD entity without compliance with the Buy American Act; (7) to pay health care providers under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for services determined to be not medically or psychologically necessary; (8) to support the relocation of certain squadrons and other aircraft and units from the Naval Air Station at Barbers Point, Hawaii, unless specifically stated by the Defense Base Closure and Realignment Commission; (9) to refurbish certain Gatling Gun assets for domestic or foreign military sales unless such work is competed among qualified depots and commercial contractors; (10) for the sale of zinc from the National Defense Stockpile if zinc commodity prices decline by a specified amount; and (11) for the sale or lease of certain facilities at Cameron Station, Virginia, for use for the homeless.

(Sec. 8074) Earmarks funds from this Act for the payment of NATO Headquarters operating costs.

(Sec. 8081A) Appropriates funds to be used only for liquidating deficiencies in the amounts appropriated in certain prior year Army National Guard and reserve personnel appropriations.

(Sec. 8092) Directs the Secrtary and the Director of Central Intelligence to deliver a report providing specified information concerning all R&D projects involving the implementation, monitoring, or verification of current and projected international arms control agreements.

(Sec. 8094A) Earmarks funds from this Act to the Administration for Native Americans.

(Sec. 8097A) Directs the Secretary to report to the defense committees a management plan for the major university-affiliated research centers which support DOD.

(Sec. 8099) Directs the Secretary to make specified transfers of funds among various DOD appropriations.

(Sec. 8100) Expresses the sense of the Congress that none of this Act's funds should be used: (1) to deploy U.S. military forces to participate in the implementation of a peace settlement in Bosnia-Herzegovina, unless previously authorized by the Congress; or (2) for costs incurred by U.S. military units serving in United Nations-sanctioned international peacekeeping or peace enforcement operations unless the President undertakes certain consultation with the Congress regarding such U.S. participation. Expresses the sense of the Congress that the President should seek supplemental appropriations for any significant deployment of U.S. forces performing international humanitarian or peacekeeping functions.

(Sec. 8101) Directs the Secretary to submit to the appropriations committees an independent cost effectiveness study of Air Force bomber programs.

(Sec. 8106) Prohibits the obligation of funds from this Act for the design, development, acquisition, or operation of more than 47 Titan IV expandable launch vehicles or related planning for such vehicles. Transfers $60 million of funds provided under the Department of Defense Appropriations Act, 1994 to the National Aeronautics and Space Administration.

(Sec. 8107A) Makes available through transfer $8 million for pay and allowances for the Office of the Assistant Secretary of Defense for Reserve Affairs.

(Sec. 8112) Earmarks funds from this Act for resettlement of the Rongelap Atoll and the repair of damages caused by the nuclear testing program.

(Sec. 8114) Directs the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence to establish and implement a master plan for all acquisition of automated document conversion systems, equipment, and technologies. Requires such amount to be allocated by the Secretary among the military departments and defense agencies. Requires a report to specified congressional committees on such allocation.

(Sec. 8114A) Makes the FY 1995 increase in military retired pay first payable in the month of March of 1995. Requires future adjustments in military retired or retainer pay to reflect changes in the Consumer Price Index through FY 1996 (currently, FY 1998) if the President, in his budget for FY 1996, proposes qualifying legislation that offsets such normal increases.

(Sec. 8115A) Appropriations additional funds to DOD to be used only for transfer to the Coast Guard for a 2.6 percent pay increase for uniformed members.

(Sec. 8119) Authorizes DOD and the State Department, for FY 1995 and thereafter, to provide interagency courier service on a nonreimbursable basis.

(Sec. 8121) Directs the Secretary to conduct a study of, and report to the Congress on, the receipt of benefits by military personnel under the Food Stamp Act of 1977.

(Sec. 8122) Directs the Secretary to submit quarterly reports to the appropriate congressional committees setting forth all the DOD costs incurred in implementing or supporting resolutions of the United Nations Security Council.

(Sec. 8123) Makes funds appropriated in this Act available during FY 1995 for compensating National Guard personnel for authorized drug interdiction and counter-drug activities.

(Sec. 8124) Expresses the sense of the Congress that the Republic of Bulgaria is making swift progress toward establishing democratic institutions, a free market economy, civilian control of the armed forces and the rule of law. Requests the President to give every possible consideration to such country in evaluating increased defense cooperation with central and eastern Europe.

(Sec. 8125) Directs the Chairman of the Joint Chiefs of Staff to recommend to the Secretary a master stationing plan for C-130 aircraft based on national military strategy and current contingency plans.

(Sec. 8126) Places certain limitations on the deactivation of any Army Reserve Officers' Training Corps unit.

(Sec. 8127) Directs the Secretary, in entering into any contracts for the restoration and remediation of Kaho'olawe Island, Hawaii, and its surrounding area, to give a preference to small and small disadvantaged businesses located in Hawaii, and especially to businesses owned by Native Hawaiians.

(Sec. 8128) Directs the Secretary to report to the defense committees the existing standards for the provision of concurrent retirement and disability benefits for former military personnel with at least 20 years of service.

(Sec. 8129) Directs the Secretary of the Army to ensure that military personnel who would otherwise be separated from service due to the deactivation of Army National Guard and Reserve units under a certain Army restructuring agreement are reassigned to units not being deactivated. Requires semiannual reports from such Secretary on the number of personnel so reassigned.

(Sec. 8132) Authorizes the Secretary, from funds appropriated under this Act, to obligate a specified amount to fulfill DOD obligations under the education loan repayment programs of the Higher Education Act of 1965.

(Sec. 8135) Prohibits funds appropriated by this Act from being used for the continuous presence in Somalia of U.S. troops, except for the protection of U.S. personnel, after September 30, 1994.

(Sec. 8136) Requests the Senate's advice and consent on any change in the obligation of a party under the Treaty on Conventional Armed Forces in Europe, unless such change is of an administrative or technical nature.

(Sec. 8137) Directs the Secretary to develop (and report to the Congress on) a plan for establishing and implementing a requirement for DOD disbursing officials to match disbursements to particular obligations before making the disbursement.

(Sec. 8138) Expresses the sense of the Senate applauding the President for maintaining the U.S. nuclear testing moratorium and supporting the negotiation of a comprehensive nuclear test ban treaty. Encourages the People's Republic of China and all other nuclear powers to refrain from such testing until such a treaty is concluded.

(Sec. 8140) Expresses the sense of the Congress that the Secretary should name the new research facility under construction to house the Walter Reed Army Institute of Research in honor of Senator Daniel K. Inouye.

(Sec. 8142) Expresses the sense of the Congress that DOD should submit all documents relating to any DOD chemical and biological warfare tests involving the use of zinc cadmium sulfide conducted anywhere in the United States.

(Sec. 8145) Expresses the sense of the Senate requiring certain approval by interested parties with respect to the proposed use of facilities at Lowry Air Force Base, Colorado, to assist the homeless.

(Sec. 8150) Authorizes and appropriates $14.2 million only for the utility reconfiguration project at the Philadelphia Naval Complex.

(Sec. 8153) Prohibits: (1) funds appropriated under this Act from being used to retire any B-52H, B-1B, or F-111 bomber aircraft; or (2) funds made available to DOD or the CIA for drug interdiction or counter-drug activities from being used for any other purpose except as specifically provided in appropriations law.

(Sec. 8155) Amends the Department of Justice and Related Agencies Appropriations Act, 1995, to: (1) rescind specified funds for Contributions to International Organizations; (2) increase funding to the Asia Foundation; and (3) increase funding for salaries and expenses of the Securities and Exchange Commission.

(Sec. 8156) Cancels $304.9 million of the amounts provided under title III of this Act, requiring an equal allocation of such cancelled funds between each program, project, and activity under such title.

(Sec. 8157) Rescinds from specified accounts funds provided under this and previous DOD appropriations Acts.

Title IX: Fiscal Year 1994 Supplemental Appropriation - Appropriates funds for FY 1994 for the DOD Emergency Response Fund to cover costs incurred for emergency relief in Rwanda and emergency processing and safe haven costs of Cuban refugees.