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104TH CONGRESS

1ST SESSION H. R. 2126

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 12, 1995

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the Department of Defense for

the fiscal year ending September 30, 1996, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 Ω1æThat the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1996, for military func6 tions administered by the Department of Defense, and for

7 other purposes, namely:

8 TITLE I

9 MILITARY PERSONNEL

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, interest on

12 deposits, gratuities, permanent change of station travel
2

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1 (including all expenses thereof for organizational move2 ments), and expenses of temporary duty travel between

3 permanent duty stations, for members of the Army on ac4 tive duty (except members of reserve components provided

5 for elsewhere), cadets, and aviation cadets; and for pay6 ments pursuant to section 156 of Public Law 97–377, as

7 amended (42 U.S.C. 402 note), to section 229(b) of the

8 Social Security Act (42 U.S.C. 429(b)), and to the De9 partment of Defense Military Retirement Fund;

10 $19,884,608,000.

11 MILITARY PERSONNEL, NAVY

12 For pay, allowances, individual clothing, interest on

13 deposits, gratuities, permanent change of station travel

14 (including all expenses thereof for organizational move15 ments), and expenses of temporary duty travel between

16 permanent duty stations, for members of the Navy on ac17 tive duty (except members of the Reserve provided for

18 elsewhere), midshipmen, and aviation cadets; and for pay19 ments pursuant to section 156 of Public Law 97–377, as

20 amended (42 U.S.C. 402 note), to section 229(b) of the

21 Social Security Act (42 U.S.C. 429(b)), and to the De22 partment of Defense Military Retirement Fund;

23 $17,006,363,000.
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1 MILITARY PERSONNEL, MARINE CORPS

2 For pay, allowances, individual clothing, interest on

3 deposits, gratuities, permanent change of station travel

4 (including all expenses thereof for organizational move5 ments), and expenses of temporary duty travel between

6 permanent duty stations, for members of the Marine

7 Corps on active duty (except members of the Reserve pro8 vided for elsewhere); and for payments pursuant to section

9 156 of Public Law 97–377, as amended (42 U.S.C. 402

10 note), to section 229(b) of the Social Security Act (42

11 U.S.C. 429(b)), and to the Department of Defense Mili12 tary Retirement Fund; $5,928,340,000.

13 MILITARY PERSONNEL, AIR FORCE

14 For pay, allowances, individual clothing, interest on

15 deposits, gratuities, permanent change of station travel

16 (including all expenses thereof for organizational move17 ments), and expenses of temporary duty travel between

18 permanent duty stations, for members of the Air Force

19 on active duty (except members of reserve components

20 provided for elsewhere), cadets, and aviation cadets; and

21 for payments pursuant to section 156 of Public Law 97–

22 377, as amended (42 U.S.C. 402 note), to section 229(b)

23 of the Social Security Act (42 U.S.C. 429(b)), and to the

24 Department of Defense Military Retirement Fund;

25 $17,294,620,000.
4

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1 RESERVE PERSONNEL, ARMY

2 For pay, allowances, clothing, subsistence, gratuities,

3 travel, and related expenses for personnel of the Army Re4 serve on active duty under sections 10211, 10302, and

5 3038 of title 10, United States Code, or while serving on

6 active duty under section 12301(d) of title 10, United

7 States Code, in connection with performing duty specified

8 in section 12310(a) of title 10, United States Code, or

9 while undergoing reserve training, or while performing

10 drills or equivalent duty or other duty, and for members

11 of the Reserve Officers’ Training Corps, and expenses au12 thorized by section 16131 of title 10, United States Code;

13 and for payments to the Department of Defense Military

14 Retirement Fund; $2,122,566,000.

15 RESERVE PERSONNEL, NAVY

16 For pay, allowances, clothing, subsistence, gratuities,

17 travel, and related expenses for personnel of the Navy Re18 serve on active duty under section 10211 of title 10, Unit19 ed States Code, or while serving on active duty under sec20 tion 12301(d) of title 10, United States Code, in connec21 tion with performing duty specified in section 12310(a)

22 of title 10, United States Code, or while undergoing re23 serve training, or while performing drills or equivalent

24 duty, and for members of the Reserve Officers’ Training

25 Corps, and expenses authorized by section 16131 of title
5

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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund;

3 $1,350,023,000.

4 RESERVE PERSONNEL, MARINE CORPS

5 For pay, allowances, clothing, subsistence, gratuities,

6 travel, and related expenses for personnel of the Marine

7 Corps Reserve on active duty under section 10211 of title

8 10, United States Code, or while serving on active duty

9 under section 12301(d) of title 10, United States Code,

10 in connection with performing duty specified in section

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon

14 leaders class, and expenses authorized by section 16131

15 of title 10, United States Code; and for payments to the

16 Department of Defense Military Retirement Fund;

17 $366,101,000.

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities,

20 travel, and related expenses for personnel of the Air Force

21 Reserve on active duty under sections 10211, 10305, and

22 8038 of title 10, United States Code, or while serving on

23 active duty under section 12301(d) of title 10, United

24 States Code, in connection with performing duty specified

25 in section 12310(a) of title 10, United States Code, or
6

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1 while undergoing reserve training, or while performing

2 drills or equivalent duty or other duty, and for members

3 of the Air Reserve Officers’ Training Corps, and expenses

4 authorized by section 16131 of title 10, United States

5 Code; and for payments to the Department of Defense

6 Military Retirement Fund; $783,586,000.

7 NATIONAL GUARD PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities,

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under section 10211, 10302,

11 or 12402 of title 10 or section 708 of title 32, United

12 States Code, or while serving on duty under section

13 12301(d) of title 10 or section 502(f) of title 32, United

14 States Code, in connection with performing duty specified

15 in section 12310(a) of title 10, United States Code, or

16 while undergoing training, or while performing drills or

17 equivalent duty or other duty, and expenses authorized by

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement

20 Fund; $3,240,858,000.

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities,

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under section 10211, 10305, or

25 12402 of title 10 or section 708 of title 32, United States
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1 Code, or while serving on duty under section 12301(d) of

2 title 10 or section 502(f) of title 32, United States Code,

3 in connection with performing duty specified in section

4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent

6 duty or other duty, and expenses authorized by section

7 16131 of title 10, United States Code; and for payments

8 to the Department of Defense Military Retirement Fund;

9 $1,254,827,000.

10 TITLE II

11 OPERATION AND MAINTENANCE

12 OPERATION AND MAINTENANCE, ARMY

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses, not otherwise provided for, necessary

15 for the operation and maintenance of the Army, as author16 ized by law; and not to exceed $14,437,000 can be used

17 for emergencies and extraordinary expenses, to be ex18 pended on the approval or authority of the Secretary of

19 the Army, and payments may be made on his certificate

20 of necessity for confidential military purposes;

21 $18,998,131,000 and, in addition, $50,000,000 shall be

22 derived by transfer from the National Defense Stockpile

23 Transaction Fund.
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1 OPERATION AND MAINTENANCE, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance of the Navy and the

5 Marine Corps, as authorized by law; and not to exceed

6 $4,151,000 can be used for emergencies and extraordinary

7 expenses, to be expended on the approval or authority of

8 the Secretary of the Navy, and payments may be made

9 on his certificate of necessity for confidential military pur10 poses; $20,846,710,000 and, in addition, $50,000,000

11 shall be derived by transfer from the National Defense

12 Stockpile Transaction Fund.

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 For expenses, not otherwise provided for, necessary

15 for the operation and maintenance of the Marine Corps,

16 as authorized by law; $2,508,822,000.

17 OPERATION AND MAINTENANCE, AIR FORCE

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance of the Air Force, as

21 authorized by law; and not to exceed $8,326,000 can be

22 used for emergencies and extraordinary expenses, to be ex23 pended on the approval or authority of the Secretary of

24 the Air Force, and payments may be made on his certifi25 cate of necessity for confidential military purposes;
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1 $18,873,793,000 and, in addition, $50,000,000 shall be

2 derived by transfer from the National Defense Stockpile

3 Transaction Fund.

4 OPERATION AND MAINTENANCE, DEFENSE-WIDE

5 For expenses, not otherwise provided for, necessary

6 for the operation and maintenance of activities and agen7 cies of the Department of Defense (other than the military

8 departments), as authorized by law; $9,908,810,000, of

9 which not to exceed $25,000,000 may be available for the

10 CINC initiative fund account; and of which not to exceed

11 $28,588,000 can be used for emergencies and extraor12 dinary expenses, to be expended on the approval or author13 ity of the Secretary of Defense, and payments may be

14 made on his certificate of necessity for confidential mili15 tary purposes.

16 OPERATION AND MAINTENANCE, ARMY RESERVE

17 For expenses, not otherwise provided for, necessary

18 for the operation and maintenance, including training, or19 ganization, and administration, of the Army Reserve; re20 pair of facilities and equipment; hire of passenger motor

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications; $1,119,191,000.
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Navy Reserve; re5 pair of facilities and equipment; hire of passenger motor

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications; $841,565,000: Provided, That

9 of the funds appropriated in this paragraph, $19,000,000

10 shall not be obligated or expended until authorized by law.

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For expenses, not otherwise provided for, necessary

14 for the operation and maintenance, including training, or15 ganization, and administration, of the Marine Corps Re16 serve; repair of facilities and equipment; hire of passenger

17 motor vehicles; travel and transportation; care of the dead;

18 recruiting; procurement of services, supplies, and equip19 ment; and communications; $102,079,000: Provided, That

20 of the funds appropriated in this paragraph, $13,000,000

21 shall not be obligated or expended until authorized by law.

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For expenses, not otherwise provided for, necessary

24 for the operation and maintenance, including training, or25 ganization, and administration, of the Air Force Reserve;
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1 repair of facilities and equipment; hire of passenger motor

2 vehicles; travel and transportation; care of the dead; re3 cruiting; procurement of services, supplies, and equip4 ment; and communications; $1,519,287,000: Provided,

5 That of the funds appropriated in this paragraph,

6 $11,840,000 shall not be obligated or expended until au7 thorized by law.

8 OPERATION AND MAINTENANCE, ARMY NATIONAL

9 GUARD

10 For expenses of training, organizing, and administer11 ing the Army National Guard, including medical and hos12 pital treatment and related expenses in non-Federal hos13 pitals; maintenance, operation, and repairs to structures

14 and facilities; hire of passenger motor vehicles; personnel

15 services in the National Guard Bureau; travel expenses

16 (other than mileage), as authorized by law for Army per17 sonnel on active duty, for Army National Guard division,

18 regimental, and battalion commanders while inspecting

19 units in compliance with National Guard Bureau regula20 tions when specifically authorized by the Chief, National

21 Guard Bureau; supplying and equipping the Army Na22 tional Guard as authorized by law; and expenses of repair,

23 modification, maintenance, and issue of supplies and

24 equipment (including aircraft); $2,334,487,000.
12

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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For operation and maintenance of the Air National

3 Guard, including medical and hospital treatment and re4 lated expenses in non-Federal hospitals; maintenance, op5 eration, repair, and other necessary expenses of facilities

6 for the training and administration of the Air National

7 Guard, including repair of facilities, maintenance, oper8 ation, and modification of aircraft; transportation of

9 things; hire of passenger motor vehicles; supplies, mate10 rials, and equipment, as authorized by law for the Air Na11 tional Guard; and expenses incident to the maintenance

12 and use of supplies, materials, and equipment, including

13 such as may be furnished from stocks under the control

14 of agencies of the Department of Defense; travel expenses

15 (other than mileage) on the same basis as authorized by

16 law for Air National Guard personnel on active Federal

17 duty, for Air National Guard commanders while inspecting

18 units in compliance with National Guard Bureau regula19 tions when specifically authorized by the Chief, National

20 Guard Bureau; $2,737,221,000: Provided, That of the

21 funds appropriated in this paragraph, $3,000,000 shall

22 not be obligated or expended until authorized by law.
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1 UNITED STATES COURT OF APPEALS FOR THE ARMED

2 FORCES

3 For salaries and expenses necessary for the United

4 States Court of Appeals for the Armed Forces;

5 $6,521,000, of which not to exceed $2,500 can be used

6 for official representation purposes.

7 ENVIRONMENTAL RESTORATION, DEFENSE

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of Defense; $1,422,200,000, to

10 remain available until transferred: Provided, That the Sec11 retary of Defense shall, upon determining that such funds

12 are required for environmental restoration, reduction and

13 recycling of hazardous waste, removal of unsafe buildings

14 and debris of the Department of Defense, or for similar

15 purposes (including programs and operations at sites for16 merly used by the Department of Defense), transfer the

17 funds made available by this appropriation to other appro18 priations made available to the Department of Defense as

19 the Secretary may designate, to be merged with and to

20 be available for the same purposes and for the same time

21 period as the appropriations of funds to which transferred:

22 Provided further, That upon a determination that all or

23 part of the funds transferred from this appropriation are

24 not necessary for the purposes provided herein, such

25 amounts may be transferred back to this appropriation.
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1 SUMMER OLYMPICS

2 For logistical support and personnel services (other

3 than pay and non-travel-related allowances of members of

4 the Armed Forces of the United States, except for mem5 bers of the reserve components thereof called or ordered

6 to active duty to provide support for the 1996 Games of

7 the XXVI Olympiad to be held in Atlanta, Georgia) pro8 vided by any component of the Department of Defense to

9 the 1996 Games of the XXVI Olympiad; $15,000,000:

10 Provided, That funds appropriated under this heading

11 shall remain available for obligation until September 30,

12 1997.

13 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

14 For expenses relating to the Overseas Humanitarian,

15 Disaster, and Civic Aid programs of the Department of

16 Defense (consisting of the programs provided under sec17 tions 401, 402, 404, 2547, and 2551 of title 10, United

18 States Code); $50,000,000.

19 FORMER SOVIET UNION THREAT REDUCTION

20 For assistance to the republics of the former Soviet

21 Union, including assistance provided by contract or by

22 grants, for facilitating the elimination and the safe and

23 secure transportation and storage of nuclear, chemical and

24 other weapons; for establishing programs to prevent the

25 proliferation of weapons, weapons components, and weap-
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1 on-related technology and expertise; for programs relating

2 to the training and support of defense and military person3 nel for demilitarization and protection of weapons, weap4 ons components and weapons technology and expertise;

5 $200,000,000 to remain available until expended.

6 TITLE III

7 PROCUREMENT

8 AIRCRAFT PROCUREMENT, ARMY

9 For construction, procurement, production, modifica10 tion, and modernization of aircraft, equipment, including

11 ordnance, ground handling equipment, spare parts, and

12 accessories therefor; specialized equipment and training

13 devices; expansion of public and private plants, including

14 the land necessary therefor, for the foregoing purposes,

15 and such lands and interests therein, may be acquired,

16 and construction prosecuted thereon prior to approval of

17 title; and procurement and installation of equipment, ap18 pliances, and machine tools in public and private plants;

19 reserve plant and Government and contractor-owned

20 equipment layaway; and other expenses necessary for the

21 foregoing purposes; $1,468,067,000, to remain available

22 for obligation until September 30, 1998: Provided, That

23 of the funds appropriated in this paragraph, $45,000,000

24 shall not be obligated or expended until authorized by law.
16

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1 MISSILE PROCUREMENT, ARMY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, equipment, including

4 ordnance, ground handling equipment, spare parts, and

5 accessories therefor; specialized equipment and training

6 devices; expansion of public and private plants, including

7 the land necessary therefor, for the foregoing purposes,

8 and such lands and interests therein, may be acquired,

9 and construction prosecuted thereon prior to approval of

10 title; and procurement and installation of equipment, ap11 pliances, and machine tools in public and private plants;

12 reserve plant and Government and contractor-owned

13 equipment layaway; and other expenses necessary for the

14 foregoing purposes; $842,830,000, to remain available for

15 obligation until September 30, 1998.

16 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

17 VEHICLES, ARMY

18 For construction, procurement, production, and

19 modification of weapons and tracked combat vehicles,

20 equipment, including ordnance, spare parts, and acces21 sories therefor; specialized equipment and training devices;

22 expansion of public and private plants, including the land

23 necessary therefor, for the foregoing purposes, and such

24 lands and interests therein, may be acquired, and con25 struction prosecuted thereon prior to approval of title; and
17

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1 procurement and installation of equipment, appliances,

2 and machine tools in public and private plants; reserve

3 plant and Government and contractor-owned equipment

4 layaway; and other expenses necessary for the foregoing

5 purposes; $1,616,964,000, to remain available for obliga6 tion until September 30, 1998: Provided, That of the

7 funds appropriated in this paragraph, $257,300,000 shall

8 not be obligated or expended until authorized by law.

9 PROCUREMENT OF AMMUNITION, ARMY

10 For construction, procurement, production, and

11 modification of ammunition, and accessories therefor; spe12 cialized equipment and training devices; expansion of pub13 lic and private plants, including ammunition facilities au14 thorized by section 2854, title 10, United States Code, and

15 the land necessary therefor, for the foregoing purposes,

16 and such lands and interests therein, may be acquired,

17 and construction prosecuted thereon prior to approval of

18 title; and procurement and installation of equipment, ap19 pliances, and machine tools in public and private plants;

20 reserve plant and Government and contractor-owned

21 equipment layaway; and other expenses necessary for the

22 foregoing purposes; $1,019,315,000, to remain available

23 for obligation until September 30, 1998.
18

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1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and

3 modification of vehicles, including tactical, support, and

4 nontracked combat vehicles; the purchase of not to exceed

5 41 passenger motor vehicles for replacement only; commu6 nications and electronic equipment; other support equip7 ment; spare parts, ordnance, and accessories therefor; spe8 cialized equipment and training devices; expansion of pub9 lic and private plants, including the land necessary there10 for, for the foregoing purposes, and such lands and inter11 ests therein, may be acquired, and construction prosecuted

12 thereon prior to approval of title; and procurement and

13 installation of equipment, appliances, and machine tools

14 in public and private plants; reserve plant and Govern15 ment and contractor-owned equipment layaway; and other

16 expenses necessary for the foregoing purposes;

17 $2,570,125,000, to remain available for obligation until

18 September 30, 1998: Provided, That of the funds appro19 priated in this paragraph, $24,538,000 shall not be obli20 gated or expended until authorized by law.

21 AIRCRAFT PROCUREMENT, NAVY

22 For construction, procurement, production, modifica23 tion, and modernization of aircraft, equipment, including

24 ordnance, spare parts, and accessories therefor; specialized

25 equipment; expansion of public and private plants, includ-
19

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1 ing the land necessary therefor, and such lands and inter2 ests therein, may be acquired, and construction prosecuted

3 thereon prior to approval of title; and procurement and

4 installation of equipment, appliances, and machine tools

5 in public and private plants; reserve plant and Govern6 ment and contractor-owned equipment layaway;

7 $4,310,703,000, to remain available for obligation until

8 September 30, 1998: Provided, That of the funds appro9 priated in this paragraph, $204,215,000 shall not be obli10 gated or expended until authorized by law.

11 WEAPONS PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of missiles, torpedoes, other weap14 ons, and related support equipment including spare parts,

15 and accessories therefor; expansion of public and private

16 plants, including the land necessary therefor, and such

17 lands and interests therein, may be acquired, and con18 struction prosecuted thereon prior to approval of title; and

19 procurement and installation of equipment, appliances,

20 and machine tools in public and private plants; reserve

21 plant and Government and contractor-owned equipment

22 layaway; $1,736,211,000, to remain available for obliga23 tion until September 30, 1998: Provided, That of the

24 funds appropriated in this paragraph, $109,800,000 shall

25 not be obligated or expended until authorized by law.
20

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1 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For construction, procurement, production, and

4 modification of ammunition, and accessories therefor; spe5 cialized equipment and training devices; expansion of pub6 lic and private plants, including ammunition facilities au7 thorized by section 2854, title 10, United States Code, and

8 the land necessary therefor, for the foregoing purposes,

9 and such lands and interests therein, may be acquired,

10 and construction prosecuted thereon prior to approval of

11 title; and procurement and installation of equipment, ap12 pliances, and machine tools in public and private plants;

13 reserve plant and Government and contractor-owned

14 equipment layaway; and other expenses necessary for the

15 foregoing purposes; $483,779,000, to remain available for

16 obligation until September 30, 1998: Provided, That of the

17 funds appropriated in this paragraph, $22,000,000 shall

18 not be obligated or expended until authorized by law.

19 SHIPBUILDING AND CONVERSION, NAVY

20 For expenses necessary for the construction, acquisi21 tion, or conversion of vessels as authorized by law, includ22 ing armor and armament thereof, plant equipment, appli23 ances, and machine tools and installation thereof in public

24 and private plants; reserve plant and Government and con25 tractor-owned equipment layaway; procurement of critical,
21

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1 long leadtime components and designs for vessels to be

2 constructed or converted in the future; and expansion of

3 public and private plants, including land necessary there4 for, and such lands and interests therein, may be acquired,

5 and construction prosecuted thereon prior to approval of

6 title; $5,577,958,000, to remain available for obligation

7 until September 30, 2000: Provided, That additional obli8 gations may be incurred after September 30, 2000, for

9 engineering services, tests, evaluations, and other such

10 budgeted work that must be performed in the final stage

11 of ship construction: Provided further, That none of the

12 funds herein provided for the construction or conversion

13 of any naval vessel to be constructed in shipyards in the

14 United States shall be expended in foreign facilities for

15 the construction of major components of such vessel: Pro16 vided further, That none of the funds herein provided shall

17 be used for the construction of any naval vessel in foreign

18 shipyards.

19 OTHER PROCUREMENT, NAVY

20 For procurement, production, and modernization of

21 support equipment and materials not otherwise provided

22 for, Navy ordnance (except ordnance for new aircraft, new

23 ships, and ships authorized for conversion); the purchase

24 of not to exceed 252 passenger motor vehicles for replace25 ment only; expansion of public and private plants, includ-
22

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1 ing the land necessary therefor, and such lands and inter2 ests therein, may be acquired, and construction prosecuted

3 thereon prior to approval of title; and procurement and

4 installation of equipment, appliances, and machine tools

5 in public and private plants; reserve plant and Govern6 ment and contractor-owned equipment layaway;

7 $2,480,670,000, to remain available for obligation until

8 September 30, 1998: Provided, That of the funds appro9 priated in this paragraph, $19,198,000 shall not be obli10 gated or expended until authorized by law.

11 PROCUREMENT, MARINE CORPS

12 For expenses necessary for the procurement, manu13 facture, and modification of missiles, armament, military

14 equipment, spare parts, and accessories therefor; plant

15 equipment, appliances, and machine tools, and installation

16 thereof in public and private plants; reserve plant and

17 Government and contractor-owned equipment layaway; ve18 hicles for the Marine Corps, including the purchase of not

19 to exceed 194 passenger motor vehicles for replacement

20 only; and expansion of public and private plants, including

21 land necessary therefor, and such lands and interests

22 therein, may be acquired and construction prosecuted

23 thereon prior to approval of title; $480,852,000, to remain

24 available for obligation until September 30, 1998: Pro25 vided, That of the funds appropriated in this paragraph,
23

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1 $81,605,000 shall not be obligated or expended until au2 thorized by law.

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of

5 aircraft and equipment, including armor and armament,

6 specialized ground handling equipment, and training de7 vices, spare parts, and accessories therefor; specialized

8 equipment; expansion of public and private plants, Gov9 ernment-owned equipment and installation thereof in such

10 plants, erection of structures, and acquisition of land, for

11 the foregoing purposes, and such lands and interests

12 therein, may be acquired, and construction prosecuted

13 thereon prior to approval of title; reserve plant and Gov14 ernment and contractor-owned equipment layaway; and

15 other expenses necessary for the foregoing purposes in16 cluding rents and transportation of things;

17 $7,140,703,000, to remain available for obligation until

18 September 30, 1998: Provided, That of the funds appro19 priated in this paragraph, $130,651,000 shall not be obli20 gated or expended until authorized by law.

21 MISSILE PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of

23 missiles, spacecraft, rockets, and related equipment, in24 cluding spare parts and accessories therefor, ground han25 dling equipment, and training devices; expansion of public
24

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1 and private plants, Government-owned equipment and in2 stallation thereof in such plants, erection of structures,

3 and acquisition of land, for the foregoing purposes, and

4 such lands and interests therein, may be acquired, and

5 construction prosecuted thereon prior to approval of title;

6 reserve plant and Government and contractor-owned

7 equipment layaway; and other expenses necessary for the

8 foregoing purposes including rents and transportation of

9 things; $3,223,265,000, to remain available for obligation

10 until September 30, 1998.

11 PROCUREMENT OF AMMUNITION, AIR FORCE

12 For construction, procurement, production, and

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities au16 thorized by section 2854, title 10, United States Code, and

17 the land necessary therefor, for the foregoing purposes,

18 and such lands and interests therein, may be acquired,

19 and construction prosecuted thereon prior to approval of

20 title; and procurement and installation of equipment, ap21 pliances, and machine tools in public and private plants;

22 reserve plant and Government and contractor-owned

23 equipment layaway; and other expenses necessary for the

24 foregoing purposes; $321,328,000, to remain available for

25 obligation until September 30, 1998.
25

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1 OTHER PROCUREMENT, AIR FORCE

2 For procurement and modification of equipment (in3 cluding ground guidance and electronic control equipment,

4 and ground electronic and communication equipment),

5 and supplies, materials, and spare parts therefor, not oth6 erwise provided for; the purchase of not to exceed 385 pas7 senger motor vehicles for replacement only; and expansion

8 of public and private plants, Government-owned equip9 ment and installation thereof in such plants, erection of

10 structures, and acquisition of land, for the foregoing pur11 poses, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon, prior to ap13 proval of title; reserve plant and Government and contrac14 tor-owned equipment layaway; $6,508,425,000, to remain

15 available for obligation until September 30, 1998.

16 PROCUREMENT, DEFENSE-WIDE

17 For expenses of activities and agencies of the Depart18 ment of Defense (other than the military departments)

19 necessary for procurement, production, and modification

20 of equipment, supplies, materials, and spare parts there21 for, not otherwise provided for; the purchase of not to ex22 ceed 451 passenger motor vehicles, of which 447 shall be

23 for replacement only; expansion of public and private

24 plants, equipment, and installation thereof in such plants,

25 erection of structures, and acquisition of land for the fore-
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1 going purposes, and such lands and interests therein, may

2 be acquired, and construction prosecuted thereon prior to

3 approval of title; reserve plant and Government and con4 tractor-owned equipment layaway; $2,187,085,000, to re5 main available for obligation until September 30, 1998.

6 NATIONAL GUARD AND RESERVE EQUIPMENT

7 For procurement of aircraft, missiles, tracked combat

8 vehicles, ammunition, other weapons, and other procure9 ment for the reserve components of the Armed Forces;

10 $908,125,000, to remain available for obligation until Sep11 tember 30, 1998: Provided, That of the funds appro12 priated in this paragraph, $138,125,000 shall not be obli13 gated or expended until authorized by law.

14 TITLE IV

15 RESEARCH, DEVELOPMENT, TEST AND

16 EVALUATION

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

18 ARMY

19 For expenses necessary for basic and applied sci20 entific research, development, test and evaluation, includ21 ing maintenance, rehabilitation, lease, and operation of fa22 cilities and equipment, as authorized by law;

23 $4,742,150,000, to remain available for obligation until

24 September 30, 1997.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 NAVY

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, as authorized by law;

7 $8,715,481,000, to remain available for obligation until

8 September 30, 1997: Provided, That none of the funds

9 appropriated in this paragraph may be obligated or ex10 pended to develop or purchase equipment for an Aegis de11 stroyer variant (commonly known as ‘‘Flight IIA’’) whose

12 initial operating capability is budgeted to be achieved prior

13 to the initial operating capability of the Ship Self-Defense

14 program, nor to develop sensor, processor, or display capa15 bilities which duplicate in any way those being developed

16 in the Ship Self-Defense program: Provided further, That

17 funds appropriated in this paragraph for development of

18 the LPD–17 ship may not be obligated unless the baseline

19 design of the ship includes cooperative engagement capa20 bility and sufficient own-ship self-defense capability

21 against advanced sea-skimming antiship cruise missiles in

22 the baseline design to achieve an estimated probability of

23 survival from attack by such missiles at a level no less

24 than any other Navy ship: Provided further, That funds

25 appropriated in this paragraph which are available for the
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1 V–22 may be used to meet unique requirements of the

2 Special Operations Forces: Provided further, That of the

3 funds appropriated in this paragraph, $189,972,000 shall

4 not be obligated or expended until authorized by law.

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

6 AIR FORCE

7 For expenses necessary for basic and applied sci8 entific research, development, test and evaluation, includ9 ing maintenance, rehabilitation, lease, and operation of fa10 cilities and equipment, as authorized by law;

11 $13,110,335,000, to remain available for obligation until

12 September 30, 1997: Provided, That of the funds made

13 available in this paragraph, $50,000,000 shall be only for

14 development of reusable launch vehicle technologies.

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

16 DEFENSE-WIDE

17 For expenses of activities and agencies of the Depart18 ment of Defense (other than the military departments),

19 necessary for basic and applied scientific research, devel20 opment, test and evaluation; advanced research projects

21 as may be designated and determined by the Secretary

22 of Defense, pursuant to law; maintenance, rehabilitation,

23 lease, and operation of facilities and equipment, as author24 ized by law; $9,029,666,000, to remain available for obli25 gation until September 30, 1997: Provided, That not less
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1 than $170,000,000 of the funds appropriated in this para2 graph shall be made available only for the Sea-Based Wide

3 Area Defense (Navy Upper-Tier) program.

4 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

5 For expenses, not otherwise provided for, of inde6 pendent activities of the Director, Test and Evaluation in

7 the direction and supervision of developmental test and

8 evaluation, including performance and joint developmental

9 testing and evaluation; and administrative expenses in

10 connection therewith; $259,341,000, to remain available

11 for obligation until September 30, 1997: Provided, That

12 of the funds appropriated in this paragraph, $20,000,000

13 shall not be obligated or expended until authorized by law.

14 OPERATIONAL TEST AND EVALUATION, DEFENSE

15 For expenses, not otherwise provided for, necessary

16 for the independent activities of the Director, Operational

17 Test and Evaluation in the direction and supervision of

18 operational test and evaluation, including initial oper19 ational test and evaluation which is conducted prior to,

20 and in support of, production decisions; joint operational

21 testing and evaluation; and administrative expenses in

22 connection therewith; $22,587,000, to remain available for

23 obligation until September 30, 1997.
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1 TITLE V

2 REVOLVING AND MANAGEMENT FUNDS

3 DEFENSE BUSINESS OPERATIONS FUND

4 For the Defense Business Operations Fund;

5 $1,573,800,000: Provided, That of this amount,

6 $695,100,000 shall be available only for the liquidation

7 of prior year accumulated operating losses of the Depart8 ment of the Navy: Provided further, That of the funds ap9 propriated in this paragraph, $695,100,000 shall not be

10 obligated or expended until authorized by law.

11 NATIONAL DEFENSE SEALIFT FUND

12 For National Defense Sealift Fund programs,

13 projects, and activities, and for expenses of the National

14 Defense Reserve Fleet, as established by section 11 of the

15 Merchant Ship Sales Act of 1946 (50 U.S.C. App 1744);

16 $974,220,000, to remain available until expended: Pro17 vided, That none of the funds provided in this paragraph

18 shall be used to award a new contract that provides for

19 the acquisition of any of the following major components

20 unless such components are manufactured in the United

21 States: auxiliary equipment, including pumps, for all ship22 board services; propulsion system components (that is; en23 gines, reduction gears, and propellers); shipboard cranes;

24 and spreaders for shipboard cranes: Provided further, That

25 the exercise of an option in a contract awarded through
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1 the obligation of previously appropriated funds shall not

2 be considered to be the award of a new contract: Provided

3 further, That the Secretary of the military department re4 sponsible for such procurement may waive this restriction

5 on a case-by-case basis by certifying in writing to the

6 Committees on Appropriations of the House of Represent7 atives and the Senate, that adequate domestic supplies are

8 not available to meet Department of Defense requirements

9 on a timely basis and that such an acquisition must be

10 made in order to acquire capability for national security

11 purposes.

12 TITLE VI

13 OTHER DEPARTMENT OF DEFENSE PROGRAMS

14 DEFENSE HEALTH PROGRAM

15 For expenses, not otherwise provided for, for medical

16 and health care programs of the Department of Defense,

17 as authorized by law; $10,205,158,000, of which

18 $9,917,125,000 shall be for Operation and maintenance,

19 of which $288,033,000, to remain available for obligation

20 until September 30, 1998, shall be for Procurement: Pro21 vided, That the Department shall continue to competi22 tively contract during fiscal year 1996 for mail service

23 pharmacy for at least two multi-state regions in addition

24 to the ongoing solicitations for Florida, South Carolina,

25 Georgia, Delaware, New Jersey, Pennsylvania, and Ha-
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1 waii, as well as each base closure area not supported by

2 an at-risk managed care plan; that such services shall be

3 procured independent of any other Department managed

4 care contracts; that one multi-state region shall include

5 the State of Kentucky and that one multi-state region

6 shall include the State of New Mexico: Provided, That of

7 the funds appropriated in this paragraph, $40,600,000

8 shall not be obligated or expended until authorized by law.

9 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

10 DEFENSE

11 For expenses, not otherwise provided for, necessary

12 for the destruction of the United States stockpile of lethal

13 chemical agents and munitions in accordance with the pro14 visions of section 1412 of the Department of Defense Au15 thorization Act, 1986 (50 U.S.C. 1521), and for the de16 struction of other chemical warfare materials that are not

17 in the chemical weapon stockpile, $746,698,000, of which

18 $393,850,000 shall be for Operation and maintenance,

19 $299,448,000 shall be for Procurement to remain avail20 able until September 30, 1998, and $53,400,000 shall be

21 for Research, development, test and evaluation to remain

22 available until September 30, 1997.
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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of

5 the Department of Defense, for transfer to appropriations

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for Op9 eration and maintenance; for Procurement; and for Re10 search, development, test and evaluation; $688,432,000:

11 Provided, That the funds appropriated by this paragraph

12 shall be available for obligation for the same time period

13 and for the same purpose as the appropriation to which

14 transferred: Provided further, That the transfer authority

15 provided in this paragraph is in addition to any transfer

16 authority contained elsewhere in this Act: Provided fur17 ther, That of the funds appropriated in this paragraph,

18 $8,000,000 shall not be obligated or expended until au19 thorized by law.

20 OFFICE OF THE INSPECTOR GENERAL

21 For expenses and activities of the Office of the In22 spector General in carrying out the provisions of the In23 spector General Act of 1978, as amended; $178,226,000,

24 of which $177,226,000 shall be for Operation and mainte25 nance, of which not to exceed $400,000 is available for
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1 emergencies and extraordinary expenses to be expended on

2 the approval or authority of the Inspector General, and

3 payments may be made on his certificate of necessity for

4 confidential military purposes; and of which $1,000,000

5 to remain available until September 30, 1998, shall be for

6 Procurement.

7 TITLE VII

8 RELATED AGENCIES

9 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

10 DISABILITY SYSTEM FUND

11 For payment to the Central Intelligence Agency Re12 tirement and Disability System Fund, to maintain proper

13 funding level for continuing the operation of the Central

14 Intelligence Agency Retirement and Disability System;

15 $213,900,000.

16 NATIONAL SECURITY EDUCATION TRUST FUND

17 (RESCISSION)

18 Of the funds made available under this heading in

19 Public Law 102–172, Public Law 103–50, Public Law

20 103–139, and Public Law 103–335, $78,100,000 are re21 scinded: Provided, That the balance of funds in the Na22 tional Security Education Trust Fund (established pursu23 ant to section 804 of the David L. Boren National Secu24 rity Education Act of 1991 (50 U.S.C. 1904)), other than

25 such amount as is necessary for obligations made before
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1 the date of the enactment of this Act, is hereby reduced

2 to zero: Provided further, That no outlay may be made

3 from the Fund after the date of the enactment of this Act

4 other than to liquidate an obligation made before such

5 date and upon liquidation of all such obligations made be6 fore such date, the Fund shall be closed: Provided further,

7 That no obligation may be made from the Fund after the

8 date of the enactment of this Act.

9 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

10 For necessary expenses of the Intelligence Commu11 nity Management Account; $75,683,000.

12 TITLE VIII

13 GENERAL PROVISIONS

14 SEC. 8001. No part of any appropriation contained

15 in this Act shall be used for publicity or propaganda pur16 poses not authorized by the Congress.

17 SEC. 8002. During the current fiscal year, provisions

18 of law prohibiting the payment of compensation to, or em19 ployment of, any person not a citizen of the United States

20 shall not apply to personnel of the Department of Defense:

21 Provided, That salary increases granted to direct and indi22 rect hire foreign national employees of the Department of

23 Defense funded by this Act shall not be at a rate in excess

24 of the percentage increase authorized by law for civilian

25 employees of the Department of Defense whose pay is
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1 computed under the provisions of section 5332 of title 5,

2 United States Code, or at a rate in excess of the percent3 age increase provided by the appropriate host nation to

4 its own employees, whichever is higher: Provided further,

5 That this section shall not apply to Department of De6 fense foreign service national employees serving at United

7 States diplomatic missions whose pay is set by the Depart8 ment of State under the Foreign Service Act of 1980.

9 SEC. 8003. No part of any appropriation contained

10 in this Act shall remain available for obligation beyond

11 the current fiscal year, unless expressly so provided herein.

12 SEC. 8004. No more than 20 per centum of the ap13 propriations in this Act which are limited for obligation

14 during a single fiscal year shall be obligated during the

15 last two months of such fiscal year: Provided, That this

16 section shall not apply to obligations for support of active

17 duty training of reserve components or summer camp

18 training of the Reserve Officers’ Training Corps.

19 (TRANSFER OF FUNDS)

20 SEC. 8005. Upon determination by the Secretary of

21 Defense that such action is necessary in the national inter22 est, he may, with the approval of the Office of Manage23 ment and Budget, transfer not to exceed $2,000,000,000

24 of working capital funds of the Department of Defense

25 or funds made available in this Act to the Department

26 of Defense for military functions (except military con-
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1 struction) between such appropriations or funds or any

2 subdivision thereof, to be merged with and to be available

3 for the same purposes, and for the same time period, as

4 the appropriation or fund to which transferred: Provided,

5 That such authority to transfer may not be used unless

6 for higher priority items, based on unforeseen military re7 quirements, than those for which originally appropriated

8 and in no case where the item for which funds are re9 quested has been denied by Congress: Provided further,

10 That only for valid Ship Cost Adjustments related to the

11 Shipbuilding and Construction, Navy Appropriation such

12 authority to transfer may be used to transfer funds made

13 available in this or any previous Department of Defense

14 Appropriations Act subject to the same conditions re15 quired elsewhere in this paragraph: Provided further, That

16 the Secretary of Defense shall notify the Congress prompt17 ly of all transfers made pursuant to this authority or any

18 other authority in this Act.

19 (TRANSFER OF FUNDS)

20 SEC. 8006. During the current fiscal year, cash bal21 ances in working capital funds of the Department of De22 fense established pursuant to section 2208 of title 10,

23 United States Code, may be maintained in only such

24 amounts as are necessary at any time for cash disburse25 ments to be made from such funds: Provided, That trans26 fers may be made between such funds and the ‘‘Foreign
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1 Currency Fluctuations, Defense’’ and ‘‘Operation and

2 Maintenance’’ appropriation accounts in such amounts as

3 may be determined by the Secretary of Defense, with the

4 approval of the Office of Management and Budget, except

5 that such transfers may not be made unless the Secretary

6 of Defense has notified the Congress of the proposed

7 transfer. Except in amounts equal to the amounts appro8 priated to working capital funds in this Act, no obligations

9 may be made against a working capital fund to procure

10 or increase the value of war reserve material inventory,

11 unless the Secretary of Defense has notified the Congress

12 prior to any such obligation.

13 SEC. 8007. Using funds available by this Act or any

14 other Act, the Secretary of the Air Force, pursuant to a

15 determination under section 2690 of title 10, United

16 States Code, may implement cost-effective agreements for

17 required heating facility modernization in the

18 Kaiserslautern Military Community in the Federal Repub19 lic of Germany: Provided, That in the City of

20 Kaiserslautern such agreements will include the use of

21 United States anthracite as the base load energy for mu22 nicipal district heat to the United States Defense installa23 tions: Provided further, That at Landstuhl Army Regional

24 Medical Center and Ramstein Air Base, furnished heat

25 may be obtained from private, regional or municipal serv-
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1 ices, if provisions are included for the consideration of

2 United States coal as an energy source.

3 SEC. 8008. Funds appropriated by this Act may not

4 be used to initiate a special access program without prior

5 notification 30 calendar days in session in advance to the

6 congressional defense committees.

7 SEC. 8009. None of the funds contained in this Act

8 available for the Civilian Health and Medical Program of

9 the Uniformed Services shall be available for payments to

10 physicians and other non-institutional health care provid11 ers in excess of the amounts allowed in fiscal year 1995

12 for similar services, except that: (a) for services for which

13 the Secretary of Defense determines an increase is justi14 fied by economic circumstances, the allowable amounts

15 may be increased in accordance with appropriate economic

16 index data similar to that used pursuant to title XVIII

17 of the Social Security Act; and (b) for services the Sec18 retary determines are overpriced based on allowable pay19 ments under title XVIII of the Social Security Act, the

20 allowable amounts shall be reduced by not more than 15

21 percent (except that the reduction may be waived if the

22 Secretary determines that it would impair adequate access

23 to health care services for beneficiaries). The Secretary

24 shall solicit public comment prior to promulgating regula25 tions to implement this section. Such regulations shall in-
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1 clude a limitation, similar to that used under title XVIII

2 of the Social Security Act, on the extent to which a pro3 vider may bill a beneficiary an actual charge in excess of

4 the allowable amount.

5 SEC. 8010. None of the funds provided in this Act

6 shall be available to initiate (1) a multiyear contract that

7 employs economic order quantity procurement in excess of

8 $20,000,000 in any one year of the contract or that in9 cludes an unfunded contingent liability in excess of

10 $20,000,000, or (2) a contract for advance procurement

11 leading to a multiyear contract that employs economic

12 order quantity procurement in excess of $20,000,000 in

13 any one year, unless the congressional defense committees

14 have been notified at least thirty days in advance of the

15 proposed contract award: Provided, That no part of any

16 appropriation contained in this Act shall be available to

17 initiate a multiyear contract for which the economic order

18 quantity advance procurement is not funded at least to

19 the limits of the Government’s liability: Provided further,

20 That no part of any appropriation contained in this Act

21 shall be available to initiate multiyear procurement con22 tracts for any systems or component thereof if the value

23 of the multiyear contract would exceed $500,000,000 un24 less specifically provided in this Act: Provided further,

25 That no multiyear procurement contract can be termi-
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1 nated without 10-day prior notification to the congres2 sional defense committees: Provided further, That the exe3 cution of multiyear authority shall require the use of a

4 present value analysis to determine lowest cost compared

5 to an annual procurement.

6 Funds appropriated in title III of this Act may be

7 used for multiyear procurement contracts as follows:

8 E–2C aircraft;

9 AV–8B aircraft remanufacture;

10 T–45 aircraft.

11 SEC. 8011. Within the funds appropriated for the op12 eration and maintenance of the Armed Forces, funds are

13 hereby appropriated pursuant to section 401 of title 10,

14 United States Code, for humanitarian and civic assistance

15 costs under chapter 20 of title 10, United States Code.

16 Such funds may also be obligated for humanitarian and

17 civic assistance costs incidental to authorized operations

18 and pursuant to authority granted in section 401 of chap19 ter 20 of title 10, United States Code, and these obliga20 tions shall be reported to Congress on September 30 of

21 each year: Provided, That funds available for operation

22 and maintenance shall be available for providing humani23 tarian and similar assistance by using Civic Action Teams

24 in the Trust Territories of the Pacific Islands and freely

25 associated states of Micronesia, pursuant to the Compact
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1 of Free Association as authorized by Public Law 99–

2 239.

3 SEC. 8012. (a) During fiscal year 1996, the civilian

4 personnel of the Department of Defense may not be man5 aged on the basis of any end-strength, and the manage6 ment of such personnel during that fiscal year shall not

7 be subject to any constraint or limitation (known as an

8 end-strength) on the number of such personnel who may

9 be employed on the last day of such fiscal year.

10 (b) The fiscal year 1997 budget request for the De11 partment of Defense as well as all justification material

12 and other documentation supporting the fiscal year 1997

13 Department of Defense budget request shall be prepared

14 and submitted to the Congress as if subsections (a) and

15 (b) of this provision were effective with regard to fiscal

16 year 1997.

17 (c) Nothing in this section shall be construed to apply

18 to military (civilian) technicians.

19 SEC. 8013. Notwithstanding any other provision of

20 law, none of the funds made available by this Act shall

21 be used by the Department of Defense to exceed, outside

22 the fifty United States, its territories, and the District of

23 Columbia, 125,000 civilian workyears: Provided, That

24 workyears shall be applied as defined in the Federal Per25 sonnel Manual: Provided further, That workyears ex-
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1 pended in dependent student hiring programs for dis2 advantaged youths shall not be included in this workyear

3 limitation.

4 SEC. 8014. None of the funds made available by this

5 Act shall be used in any way, directly or indirectly, to in6 fluence congressional action on any legislation or appro7 priation matters pending before the Congress.

8 SEC. 8015. None of the funds appropriated for the

9 Department of Defense during the current fiscal year and

10 hereafter shall be obligated for the pay of any individual

11 who is initially employed after the date of enactment of

12 this Act as a technician in the administration and training

13 of the Army Reserve and the maintenance and repair of

14 supplies issued to the Army Reserve unless such individual

15 is also a military member of the Army Reserve troop pro16 gram unit that he or she is employed to support. Those

17 technicians employed by the Army Reserve in areas other

18 than Army Reserve troop program units need only be

19 members of the Selected Reserve.

20 SEC. 8016. Notwithstanding any other provision of

21 law, during the current fiscal year and hereafter the Sec22 retaries of the Army and Air Force may authorize the re23 tention in an active status until age sixty of any person

24 who would otherwise be removed from an active status and

25 who is employed as a National Guard or Reserve techni-
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1 cian in a position in which active status in a reserve com2 ponent of the Army or Air Force is required as a condition

3 of that employment.

4 SEC. 8017. (a) None of the funds appropriated by

5 this Act shall be used to make contributions to the Depart6 ment of Defense Education Benefits Fund pursuant to

7 section 2006(g) of title 10, United States Code, represent8 ing the normal cost for future benefits under section

9 1415(c) of title 38, United States Code, for any member

10 of the armed services who, on or after the date of enact11 ment of this Act—

12 (1) enlists in the armed services for a period of

13 active duty of less than three years; or

14 (2) receives an enlistment bonus under section

15 308a or 308f of title 37, United States Code,

16 nor shall any amounts representing the normal cost of

17 such future benefits be transferred from the Fund by the

18 Secretary of the Treasury to the Secretary of Veterans

19 Affairs pursuant to section 2006(d) of title 10, United

20 States Code; nor shall the Secretary of Veterans Affairs

21 pay such benefits to any such member: Provided, That,

22 in the case of a member covered by clause (1), these limi23 tations shall not apply to members in combat arms skills

24 or to members who enlist in the armed services on or after

25 July 1, 1989, under a program continued or established
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1 by the Secretary of Defense in fiscal year 1991 to test

2 the cost-effective use of special recruiting incentives in3 volving not more than nineteen noncombat arms skills ap4 proved in advance by the Secretary of Defense: Provided

5 further, That this subsection applies only to active compo6 nents of the Army.

7 (b) None of the funds appropriated by this Act shall

8 be available for the basic pay and allowances of any mem9 ber of the Army participating as a full-time student and

10 receiving benefits paid by the Secretary of Veterans Af11 fairs from the Department of Defense Education Benefits

12 Fund when time spent as a full-time student is credited

13 toward completion of a service commitment: Provided,

14 That this subsection shall not apply to those members who

15 have reenlisted with this option prior to October 1, 1987:

16 Provided further, That this subsection applies only to ac17 tive components of the Army.

18 SEC. 8018. Funds appropriated for the Department

19 of Defense during the current fiscal year and hereafter

20 shall be available for the payment of not more than 75

21 percent of the charges of a postsecondary educational in22 stitution for the tuition or expenses of an officer in the

23 Ready Reserve of the Army National Guard or Army Re24 serve for education or training during his off-duty periods,

25 except that no part of the charges may be paid unless the
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1 officer agrees to remain a member of the Ready Reserve

2 for at least four years after completion of such training

3 or education.

4 SEC. 8019. None of the funds appropriated by this

5 Act shall be available to convert to contractor performance

6 an activity or function of the Department of Defense that,

7 on or after the date of enactment of this Act, is performed

8 by more than ten Department of Defense civilian employ9 ees until a most efficient and cost-effective organization

10 analysis is completed on such activity or function and cer11 tification of the analysis is made to the Committees on

12 Appropriations of the House of Representatives and the

13 Senate: Provided, That this section shall not apply to a

14 commercial or industrial type function of the Department

15 of Defense that: (1) is included on the procurement list

16 established pursuant to section 2 of the Act of June 25,

17 1938 (41 U.S.C. 47), popularly referred to as the Javits18 Wagner-O’Day Act; (2) is planned to be converted to per19 formance by a qualified nonprofit agency for the blind or

20 by a qualified nonprofit agency for other severely handi21 capped individuals in accordance with that Act; or (3) is

22 planned to be converted to performance by a qualified firm

23 under 51 percent Native American ownership.

24 (TRANSFER OF FUNDS)

25 SEC. 8020. Funds appropriated in title III of this Act

26 for the Department of Defense Pilot Mentor-Protege Pro-
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1 gram may be transferred to any other appropriation con2 tained in this Act solely for the purpose of implementing

3 a Mentor-Protege Program developmental assistance

4 agreement pursuant to section 831 of the National De5 fense Authorization Act for Fiscal Year 1991 (Public Law

6 101–510; 10 U.S.C. 2301 note), as amended, under the

7 authority of this provision or any other transfer authority

8 contained in this Act.

9 SEC. 8021. Of the funds appropriated to the Army,

10 $147,900,000 shall be available only for the Reserve Com11 ponent Automation System (RCAS): Provided, That none

12 of these funds can be expended—

13 (1) except as approved by the Chief of the Na14 tional Guard Bureau;

15 (2) unless RCAS resource management func16 tions are performed by the National Guard Bureau;

17 (3) to pay the salary of an RCAS program

18 manager who has not been selected and approved by

19 the Chief of the National Guard Bureau and char20 tered by the Chief of the National Guard Bureau

21 and the Secretary of the Army;

22 (4) unless the Program Manager (PM) charter

23 makes the PM accountable to the Chief of the Na24 tional Guard Bureau and fully defines his authority,
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1 responsibility, reporting channels and organizational

2 structure;

3 (5) to pay the salaries of individuals assigned to

4 the RCAS program management office unless such

5 organization is comprised of personnel chosen jointly

6 by the Chiefs of the National Guard Bureau and the

7 Army Reserve;

8 (6) to pay contracted costs for the acquisition

9 of RCAS unless RCAS is an integrated system con10 sisting of software, hardware, and communications

11 equipment and unless such contract continues to

12 preclude the use of Government furnished equip13 ment, operating systems, and executive applications

14 software; and

15 (7) unless RCAS performs its own classified in16 formation processing:

17 Provided further, That notwithstanding any other provi18 sion of law, none of the funds appropriated shall be avail19 able for procurement of computers for the Army Reserve

20 Component which are used to network or expand the capa21 bilities of existing or future information systems or dupli22 cate functions to be provided under the RCAS contract

23 unless the procurement meets the following criteria: (A)

24 at sites scheduled to receive RCAS equipment prior to

25 September 30, 1995, RCAS ADP equipment may be pro-
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1 cured and only in the numbers and types allocated by the

2 RCAS program to each site; and at sites scheduled to re3 ceive RCAS equipment after September 30, 1995, RCAS

4 ADP equipment or ADP equipment from a list of RCAS

5 compatible equipment approved by the Chief of the Na6 tional Guard Bureau or his designee, may be procured and

7 only in the numbers and types allocated by the RCAS pro8 gram to each site; (B) the requesting organizational ele9 ment has insufficient ADP equipment to perform adminis10 trative functions but not to exceed the number of work

11 stations determined by the RCAS program for that site;

12 (C) replacement equipment will not exceed the minimum

13 required to maintain the reliability of existing capabilities;

14 (D) replacement will be justified on the basis of cost and

15 feasibility of repairs and maintenance of present ADP

16 equipment as compared to the cost of replacement; and

17 (E) the procurement under this policy must be approved

18 by the Chief of the National Guard Bureau or his des19 ignee, provided that the procurement is a one for one re20 placement action of existing equipment.

21 SEC. 8022. None of the funds in this Act may be

22 available for the purchase by the Department of Defense

23 (and its departments and agencies) of welded shipboard

24 anchor and mooring chain 4 inches in diameter and under

25 unless the anchor and mooring chain are manufactured
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1 in the United States from components which are substan2 tially manufactured in the United States: Provided, That

3 for the purpose of this section manufactured will include

4 cutting, heat treating, quality control, testing of chain and

5 welding (including the forging and shot blasting process):

6 Provided further, That for the purpose of this section sub7 stantially all of the components of anchor and mooring

8 chain shall be considered to be produced or manufactured

9 in the United States if the aggregate cost of the compo10 nents produced or manufactured in the United States ex11 ceeds the aggregate cost of the components produced or

12 manufactured outside the United States: Provided further,

13 That when adequate domestic supplies are not available

14 to meet Department of Defense requirements on a timely

15 basis, the Secretary of the service responsible for the pro16 curement may waive this restriction on a case-by-case

17 basis by certifying in writing to the Committees on Appro18 priations that such an acquisition must be made in order

19 to acquire capability for national security purposes.

20 (TRANSFER OF FUNDS)

21 SEC. 8023. None of the funds appropriated by this

22 Act available for the Civilian Health and Medical Program

23 of the Uniformed Services (CHAMPUS) shall be available

24 for the reimbursement of any health care provider for in25 patient mental health service for care received when a pa-
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1 tient is referred to a provider of inpatient mental health

2 care or residential treatment care by a medical or health

3 care professional having an economic interest in the facil4 ity to which the patient is referred: Provided, That this

5 limitation does not apply in the case of inpatient mental

6 health services provided under the program for the handi7 capped under subsection (d) of section 1079 of title 10,

8 United States Code, provided as partial hospital care, or

9 provided pursuant to a waiver authorized by the Secretary

10 of Defense because of medical or psychological cir11 cumstances of the patient that are confirmed by a health

12 professional who is not a Federal employee after a review,

13 pursuant to rules prescribed by the Secretary, which takes

14 into account the appropriate level of care for the patient,

15 the intensity of services required by the patient, and the

16 availability of that care.

17 SEC. 8024. Funds available in this Act may be used

18 to provide transportation for the next-of-kin of individuals

19 who have been prisoners of war or missing in action from

20 the Vietnam era to an annual meeting in the United

21 States, under such regulations as the Secretary of Defense

22 may prescribe.

23 SEC. 8025. Notwithstanding any other provision of

24 law, during the current fiscal year, the Secretary of De25 fense may, by Executive Agreement, establish with host
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1 nation governments in NATO member states a separate

2 account into which such residual value amounts negotiated

3 in the return of United States military installations in

4 NATO member states may be deposited, in the currency

5 of the host nation, in lieu of direct monetary transfers to

6 the United States Treasury: Provided, That such credits

7 may be utilized only for the construction of facilities to

8 support United States military forces in that host nation,

9 or such real property maintenance and base operating

10 costs that are currently executed through monetary trans11 fers to such host nations: Provided further, That the De12 partment of Defense’s budget submission for fiscal year

13 1997 shall identify such sums anticipated in residual value

14 settlements, and identify such construction, real property

15 maintenance or base operating costs that shall be funded

16 by the host nation through such credits: Provided further,

17 That all military construction projects to be executed from

18 such accounts must be previously approved in a prior Act

19 of Congress: Provided further, That each such Executive

20 Agreement with a NATO member host nation shall be re21 ported to the congressional defense committees, and the

22 Committee on International Relations of the House of

23 Representatives and the Committee on Foreign Relations

24 of the Senate thirty days prior to the conclusion and en-
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1 dorsement of any such agreement established under this

2 provision.

3 SEC. 8026. None of the funds available to the De4 partment of Defense in this Act shall be used to demili5 tarize or dispose of more than 310,784 unserviceable M1

6 Garand rifles and M1 Carbines.

7 SEC. 8027. Notwithstanding any other provision of

8 law, none of the funds appropriated by this Act shall be

9 available to pay more than 50 percent of an amount paid

10 to any person under section 308 of title 37, United States

11 Code, in a lump sum.

12 SEC. 8028. None of the funds appropriated by this

13 Act may be used by the Department of Defense to assign

14 a supervisor’s title or grade when the number of people

15 he or she supervises is considered as a basis for this deter16 mination: Provided, That savings that result from this

17 provision are represented as such in future budget propos18 als.

19 SEC. 8029. None of the funds appropriated by this

20 Act shall be available for payments under the Department

21 of Defense contract with the Louisiana State University

22 Medical Center involving the use of cats for Brain Missile

23 Wound Research, and the Department of Defense shall

24 not make payments under such contract from funds obli25 gated prior to the date of the enactment of this Act, except
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1 as necessary for costs incurred by the contractor prior to

2 the enactment of this Act: Provided, That funds necessary

3 for the care of animals covered by this contract are al4 lowed.

5 SEC. 8030. None of the funds provided in this Act

6 or any other Act shall be available to conduct bone trauma

7 research at any Army Research Laboratory until the Sec8 retary of the Army certifies that the synthetic compound

9 to be used in the experiments is of such a type that its

10 use will result in a significant medical finding, the re11 search has military application, the research will be con12 ducted in accordance with the standards set by an animal

13 care and use committee, and the research does not dupli14 cate research already conducted by a manufacturer or any

15 other research organization.

16 SEC. 8031. No more than $50,000 of the funds ap17 propriated or made available in this Act shall be used for

18 any single relocation of an organization, unit, activity or

19 function of the Department of Defense into or within the

20 National Capital Region: Provided, That the Secretary of

21 Defense may waive this restriction on a case-by-case basis

22 by certifying in writing to the Committees on Appropria23 tions of the House of Representatives and Senate that

24 such a relocation is required in the best interest of the

25 Government.
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1 SEC. 8032. During the current fiscal year, funds ap2 propriated or otherwise available for any Federal agency,

3 the Congress, the judicial branch, or the District of Co4 lumbia may be used for the pay, allowances, and benefits

5 of an employee as defined by section 2105 of title 5 or

6 an individual employed by the government of the District

7 of Columbia, permanent or temporary indefinite, who—

8 (1) is a member of a Reserve component of the

9 Armed Forces, as described in section 261 of title

10 10, or the National Guard, as described in section

11 101 of title 32;

12 (2) performs, for the purpose of providing mili13 tary aid to enforce the law or providing assistance

14 to civil authorities in the protection or saving of life

15 or property or prevention of injury—

16 (A) Federal service under section 331,

17 332, 333, 3500, or 8500 of title 10, or other

18 provision of law, as applicable, or

19 (B) full-time military service for his State,

20 the District of Columbia, the Commonwealth of

21 Puerto Rico, or a territory of the United States;

22 and

23 (3) requests and is granted—

24 (A) leave under the authority of this sec25 tion; or
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1 (B) annual leave, which may be granted

2 without regard to the provisions of sections

3 5519 and 6323(b) of title 5, if such employee

4 is otherwise entitled to such annual leave:

5 Provided, That any employee who requests leave under

6 subsection (3)(A) for service described in subsection (2)

7 of this section is entitled to such leave, subject to the pro8 visions of this section and of the last sentence of section

9 6323(b) of title 5, and such leave shall be considered leave

10 under section 6323(b) of title 5.

11 SEC. 8033. None of the funds appropriated by this

12 Act shall be available to perform any cost study pursuant

13 to the provisions of OMB Circular A–76 if the study being

14 performed exceeds a period of twenty-four months after

15 initiation of such study with respect to a single function

16 activity or forty-eight months after initiation of such study

17 for a multi-function activity.

18 SEC. 8034. Funds appropriated by this Act for the

19 American Forces Information Service shall not be used for

20 any national or international political or psychological ac21 tivities.

22 SEC. 8035. Notwithstanding any other provision of

23 law or regulation, the Secretary of Defense may adjust

24 wage rates for civilian employees hired for certain health

25 care occupations as authorized for the Secretary of Veter-
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1 ans Affairs by section 7455 of title 38, United States

2 Code.

3 SEC. 8036. None of the funds appropriated or made

4 available in this Act shall be used to reduce or disestablish

5 the operation of the 53rd Weather Reconnaissance Squad6 ron of the Air Force Reserve, if such action would reduce

7 the WC–130 Weather Reconnaissance mission below the

8 levels funded in this Act.

9 SEC. 8037. (a) Of the funds for the procurement of

10 supplies or services appropriated by this Act, qualified

11 nonprofit agencies for the blind or other severely handi12 capped shall be afforded the maximum practicable oppor13 tunity to participate as subcontractors and suppliers in the

14 performance of contracts let by the Department of De15 fense.

16 (b) During the current fiscal year, a business concern

17 which has negotiated with a military service or defense

18 agency a subcontracting plan for the participation by

19 small business concerns pursuant to section 8(d) of the

20 Small Business Act (15 U.S.C. 637(d)) shall be given

21 credit toward meeting that subcontracting goal for any

22 purchases made from qualified nonprofit agencies for the

23 blind or other severely handicapped.

24 (c) For the purpose of this section, the phrase ‘‘quali25 fied nonprofit agency for the blind or other severely handi-
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1 capped’’ means a nonprofit agency for the blind or other

2 severely handicapped that has been approved by the Com3 mittee for the Purchase from the Blind and Other Severely

4 Handicapped under the Javits-Wagner-O’Day Act (41

5 U.S.C. 46–48).

6 SEC. 8038. During the current fiscal year, net re7 ceipts pursuant to collections from third party payers pur8 suant to section 1095 of title 10, United States Code, shall

9 be made available to the local facility of the uniformed

10 services responsible for the collections and shall be over

11 and above the facility’s direct budget amount.

12 SEC. 8039. During the current fiscal year, the De13 partment of Defense is authorized to incur obligations of

14 not to exceed $350,000,000 for purposes specified in sec15 tion 2350j(c) of title 10, United States Code, in anticipa16 tion of receipt of contributions, only from the Government

17 of Kuwait, under that section: Provided, That, upon re18 ceipt, such contributions from the Government of Kuwait

19 shall be credited to the appropriation or fund which in20 curred such obligations.

21 SEC. 8040. (a) Funds appropriated in this Act to fi22 nance activities of Department of Defense (DoD) Feder23 ally Funded Research and Development Centers

24 (FFRDCs) may not be obligated or expended for a

25 FFRDC if a member of its Board of Directors or Trustees
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1 simultaneously serves on the Board of Directors or Trust2 ees of a profit-making company under contract to the De3 partment of Defense unless the FFRDC has a DoD ap4 proved conflict of interest policy for its members.

5 (b) LIMITATION ON COMPENSATION.—No employee

6 or executive officer of a defense FFRDC may be com7 pensated at a rate exceeding Executive Schedule Level I

8 by that FFRDC.

9 (c) LIMITATION ON COMPENSATION.—No member of

10 a Board of Directors, Trustees, Overseers, Advisory

11 Group, Special Issues Panel, Visiting Committee, or any

12 similar entity of a defense FFRDC may be compensated

13 for his or her services as a member of such entity except

14 under the same conditions, and to the same extent, as

15 members of the Defense Science Board: Provided, That

16 a member of any such entity shall be allowed travel ex17 penses and per diem as authorized under the Federal

18 Joint Travel Regulations, when engaged in the perform19 ance of membership duties.

20 (d) Notwithstanding any other provision of law, of

21 the amounts available to the Department of Defense dur22 ing fiscal year 1996, not more than $1,252,650,000 may

23 be obligated for financing activities of defense FFRDCs:

24 Provided, That in addition to any other reductions re25 quired by this section, the total amounts appropriated in
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1 titles II, III, and IV of this Act to finance activities carried

2 out by defense FFRDCs and other entities providing con3 sulting services, studies and analyses, systems engineering

4 and technical assistance, and technical engineering and

5 management support are hereby reduced by $90,097,000.

6 SEC. 8041. None of the funds appropriated or made

7 available in this Act shall be used to procure carbon, alloy

8 or armor steel plate for use in any Government-owned fa9 cility or property under the control of the Department of

10 Defense which were not melted and rolled in the United

11 States or Canada: Provided, That these procurement re12 strictions shall apply to any and all Federal Supply Class

13 9515, American Society of Testing and Materials (ASTM)

14 or American Iron and Steel Institute (AISI) specifications

15 of carbon, alloy or armor steel plate: Provided further,

16 That the Secretary of the military department responsible

17 for the procurement may waive this restriction on a case18 by-case basis by certifying in writing to the Committees

19 on Appropriations of the House of Representatives and the

20 Senate that adequate domestic supplies are not available

21 to meet Department of Defense requirements on a timely

22 basis and that such an acquisition must be made in order

23 to acquire capability for national security purposes: Pro24 vided further, That these restrictions shall not apply to
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1 contracts which are in being as of the date of enactment

2 of this Act.

3 SEC. 8042. None of the unobligated balances avail4 able in the National Defense Stockpile Transaction Fund

5 during the current fiscal year may be obligated or ex6 pended to finance any grant or contract to conduct re7 search, development, test and evaluation activities for the

8 development or production of advanced materials, unless

9 amounts for such purposes are specifically appropriated

10 in a subsequent appropriations Act.

11 SEC. 8043. For the purposes of this Act, the term

12 ‘‘congressional defense committees’’ means the Commit13 tees on Appropriations of the Senate and the House of

14 Representatives, the subcommittee on National Security of

15 the Committee on Appropriations and the Committee on

16 National Security of the House of Representatives, and

17 the Committee on Armed Services of the Senate.

18 SEC. 8044. Notwithstanding any other provision of

19 law, during the current fiscal year, the Department of De20 fense may acquire the modification, depot maintenance

21 and repair of aircraft, vehicles and vessels as well as the

22 production of components and other Defense-related arti23 cles, through competition between Department of Defense

24 depot maintenance activities and private firms: Provided,

25 That the Senior Acquisition Executive of the military de-
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1 partment or defense agency concerned, with power of dele2 gation, shall certify that successful bids include com3 parable estimates of all direct and indirect costs for both

4 public and private bids: Provided further, That Office of

5 Management and Budget Circular A–76 shall not apply

6 to competitions conducted under this section.

7 SEC. 8045. (a)(1) If the Secretary of Defense, after

8 consultation with the United States Trade Representative,

9 determines that a foreign country which is party to an

10 agreement described in paragraph (2) has violated the

11 terms of the agreement by discriminating against certain

12 types of products produced in the United States that are

13 covered by the agreement, the Secretary of Defense shall

14 rescind the Secretary’s blanket waiver of the Buy Amer15 ican Act with respect to such types of products produced

16 in that foreign country.

17 (2) An agreement referred to in paragraph (1) is any

18 reciprocal defense procurement memorandum of under19 standing, between the United States and a foreign country

20 pursuant to which the Secretary of Defense has prospec21 tively waived the Buy American Act for certain products

22 in that country.

23 (b) The Secretary of Defense shall submit to Con24 gress a report on the amount of Department of Defense

25 purchases from foreign entities in fiscal year 1996. Such
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1 report shall separately indicate the dollar value of items

2 for which the Buy American Act was waived pursuant to

3 any agreement described in subsection (a)(2), the Trade

4 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

5 international agreement to which the United States is a

6 party.

7 (c) For purposes of this section, the term ‘‘Buy

8 American Act’’ means title III of the Act entitled ‘‘An Act

9 making appropriations for the Treasury and Post Office

10 Departments for the fiscal year ending June 30, 1934,

11 and for other purposes’’, approved March 3, 1933 (41

12 U.S.C. 10a et seq.).

13 SEC. 8046. Notwithstanding any other provision of

14 law, the Secretary of Defense may, when he considers it

15 in the best interest of the United States, cancel any part

16 of an indebtedness, up to $2,500, that is or was owed to

17 the United States by a member or former member of a

18 uniformed service if such indebtedness, as determined by

19 the Secretary, was incurred in connection with Operation

20 Desert Shield/Storm: Provided, That the amount of an in21 debtedness previously paid by a member or former mem22 ber and cancelled under this section shall be refunded to

23 the member.

24 SEC. 8047. Appropriations contained in this Act that

25 remain available at the end of the current fiscal year as
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1 a result of energy cost savings realized by the Department

2 of Defense shall remain available for obligation for the

3 next fiscal year to the extent, and for the purposes, pro4 vided in section 2865 of title 10, United States Code.

5 SEC. 8048. During the current fiscal year and there6 after, voluntary separation incentives payable under 10

7 U.S.C. 1175 may be paid in such amounts as are nec8 essary from the assets of the Voluntary Separation Incen9 tive Fund established by section 1175(h)(1).

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8049. Amounts deposited during the current fis12 cal year to the special account established under 40 U.S.C.

13 485(h)(2) and to the special account established under 10

14 U.S.C. 2667(d)(1) are appropriated and shall be available

15 until transferred by the Secretary of Defense to current

16 applicable appropriations or funds of the Department of

17 Defense under the terms and conditions specified by 40

18 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

19 2667(d)(1)(B), to be merged with and to be available for

20 the same time period and the same purposes as the appro21 priation to which transferred.

22 SEC. 8050. During the current fiscal year, appropria23 tions available to the Department of Defense may be used

24 to reimburse a member of a reserve component of the

25 Armed Forces who is not otherwise entitled to travel and

26 transportation allowances and who occupies transient gov-
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1 ernment housing while performing active duty for training

2 or inactive duty training: Provided, That such members

3 may be provided lodging in kind if transient government

4 quarters are unavailable as if the member was entitled to

5 such allowances under subsection (a) of section 404 of title

6 37, United States Code: Provided further, That if lodging

7 in kind is provided, any authorized service charge or cost

8 of such lodging may be paid directly from funds appro9 priated for operation and maintenance of the reserve com10 ponent of the member concerned.

11 SEC. 8051. None of the funds available in this Act

12 may be used to support in any manner, including travel

13 or other related expenses, the ‘‘Tailhook Association’’.

14 SEC. 8052. The President shall include with each

15 budget for a fiscal year submitted to the Congress under

16 section 1105 of title 31, United States Code, materials

17 that shall identify clearly and separately the amounts re18 quested in the budget for appropriation for that fiscal year

19 for salaries and expenses related to administrative activi20 ties of the Department of Defense, the military

21 departments, and the Defense Agencies.

22 SEC. 8053. During the current fiscal year, amounts

23 contained in the Department of Defense Overseas Military

24 Facility Investment Recovery Account established by sec25 tion 2921(c)(1) of the National Defense Authorization Act
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1 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall

2 be available until expended for the payments specified by

3 section 2921(c)(2) of that Act.

4 SEC. 8054. During the current fiscal year and there5 after, annual payments granted under the provisions of

6 section 4416 of the National Defense Authorization Act

7 for Fiscal Year 1993 (Public Law 102–428; 106 Stat.

8 2714) shall be made from appropriations which are avail9 able for the pay of reserve component personnel.

10 SEC. 8055. Of the funds appropriated or otherwise

11 made available by this Act, not more than $119,200,000

12 shall be available for payment of the operating costs of

13 NATO Headquarters.

14 SEC. 8056. During the current fiscal year, appropria15 tions which are available to the Department of Defense

16 for operation and maintenance may be used to purchase

17 items having an investment item unit cost of not more

18 than $50,000.

19 SEC. 8057. During the current fiscal year and there20 after, appropriations available for the pay and allowances

21 of active duty members of the Armed Forces shall be avail22 able to pay the retired pay which is payable pursuant to

23 section 4403 of Public Law 102–484 (10 U.S.C. 1293

24 note) under the terms and conditions provided in section

25 4403.
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1 SEC. 8058. (a) During the current fiscal year, none

2 of the appropriations or funds available to the Defense

3 Business Operations Fund shall be used for the purchase

4 of an investment item for the purpose of acquiring a new

5 inventory item for sale or anticipated sale during the cur6 rent fiscal year or a subsequent fiscal year to customers

7 of the Defense Business Operations Fund if such an item

8 would not have been chargeable to the Defense Business

9 Operations Fund during fiscal year 1994 and if the pur10 chase of such an investment item would be chargeable dur11 ing the current fiscal year to appropriations made to the

12 Department of Defense for procurement.

13 (b) The fiscal year 1997 budget request for the De14 partment of Defense as well as all justification material

15 and other documentation supporting the fiscal year 1997

16 Department of Defense budget shall be prepared and sub17 mitted to the Congress on the basis that any equipment

18 which was classified as an end item and funded in a pro19 curement appropriation contained in this Act shall be

20 budgeted for in a proposed fiscal year 1997 procurement

21 appropriation and not in the supply management business

22 area or any other area or category of the Defense Business

23 Operations Fund.

24 SEC. 8059. None of the funds provided in this Act

25 shall be available for use by a Military Department to
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1 modify an aircraft, weapon, ship or other item of equip2 ment, that the Military Department concerned plans to

3 retire or otherwise dispose of within five years after com4 pletion of the modification: Provided, That this prohibition

5 shall not apply to safety modifications: Provided further,

6 That this prohibition may be waived by the Secretary of

7 a Military Department if the Secretary determines it is

8 in the best national security interest of the United States

9 to provide such waiver and so notifies the congressional

10 defense committees in writing.

11 SEC. 8060. No part of the funds in this Act shall

12 be available to prepare or present a request to the Com13 mittees on Appropriations for reprogramming of funds,

14 unless for higher priority items, based on unforeseen mili15 tary requirements, than those for which originally appro16 priated and in no case where the item for which

17 reprogramming is requested has been denied by the Con18 gress.

19 SEC. 8061. None of the funds appropriated by this

20 Act shall be available for payment of the compensation

21 of personnel assigned to or serving in the National For22 eign Intelligence Program in excess of 92 percent of such

23 personnel actually assigned to or serving in the National

24 Foreign Intelligence Program on September 30, 1992:

25 Provided, That in making any reduction in the number
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1 of such personnel that may be required pursuant to this

2 section, the percentage of reductions to Senior Intelligence

3 Service positions shall be equal to or exceed the percentage

4 of reductions to non-Senior Intelligence Service positions:

5 Provided further, That in making any reduction in the

6 number of such personnel that may be required pursuant

7 to this section, the percentage of reductions to positions

8 in the National Capital Region shall be equal to or exceed

9 the percentage of reductions to positions outside of the

10 National Capital Region.

11 SEC. 8062. None of the funds provided by this Act

12 may be used to pay the salaries of any person or persons

13 who authorize the transfer of obligated and deobligated

14 appropriations into the Reserve for Contingencies of the

15 Central Intelligence Agency.

16 SEC. 8063. None of the funds appropriated by this

17 Act for programs of the Central Intelligence Agency shall

18 remain available for obligation beyond the current fiscal

19 year, except for funds appropriated for the Reserve for

20 Contingencies, which shall remain available until Septem21 ber 30, 1997.

22 SEC. 8064. The classified Annex prepared by the

23 Committee on Appropriations to accompany the report on

24 the Department of Defense Appropriations Act, 1996 is

25 hereby incorporated into this Act: Provided, That the
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1 amounts specified in the classified Annex are not in addi2 tion to amounts appropriated by other provisions of this

3 Act: Provided further, That the President shall provide for

4 appropriate distribution of the classified Annex, or of ap5 propriate portions of the classified Annex, within the exec6 utive branch of the Government.

7 SEC. 8065. Notwithstanding any other provision of

8 law, funds made available in this Act for the Defense In9 telligence Agency may be used for the design, develop10 ment, and deployment of General Defense Intelligence

11 Program intelligence communications and intelligence in12 formation systems for the Services, the Unified and Speci13 fied Commands, and the component commands.

14 SEC. 8066. Notwithstanding any other provision of

15 law, funds appropriated in this Act for the High Perform16 ance Computing Modernization Program shall be made

17 available only for the acquisition and sustainment of oper18 ations, including maintenance of the supercomputing and

19 related networking capability at (1) the DOD Science and

20 Technology sites under the cognizance of the DDR&E, (2)

21 the DOD Test and Evaluation centers under the Director,

22 Test and Evaluation, OUSD (A&T), and (3) the Ballistic

23 Missile Defense Organization: Provided, That the con24 tracts, contract modifications, or contract options are
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1 awarded competitively solely upon the requirements of the

2 users.

3 SEC. 8067. Amounts collected for the use of the fa4 cilities of the National Science Center for Communications

5 and Electronics during the current fiscal year pursuant

6 to section 1459(g) of the Department of Defense Author7 ization Act, 1986 and deposited to the special account es8 tablished under subsection 1459(g)(2) of that Act are ap9 propriated and shall be available until expended for the

10 operation and maintenance of the Center as provided for

11 in subsection 1459(g)(2).

12 SEC. 8068. None of the funds appropriated in this

13 Act may be used to fill the commander’s position at any

14 military medical facility with a health care professional

15 unless the prospective candidate can demonstrate profes16 sional administrative skills.

17 SEC. 8069. (a) None of the funds appropriated in this

18 Act may be expended by an entity of the Department of

19 Defense unless the entity, in expending the funds, com20 plies with the Buy American Act. For purposes of this

21 subsection, the term ‘‘Buy American Act’’ means title III

22 of the Act entitled ‘‘An Act making appropriations for the

23 Treasury and Post Office Departments for the fiscal year

24 ending June 30, 1934, and for other purposes’’, approved

25 March 3, 1933 (41 U.S.C. 10a et seq.).
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1 (b) If the Secretary of Defense determines that a per2 son has been convicted of intentionally affixing a label

3 bearing a ‘‘Made in America’’ inscription to any product

4 sold in or shipped to the United States that is not made

5 in America, the Secretary shall determine, in accordance

6 with section 2410f of title 10, United States Code, wheth7 er the person should be debarred from contracting with

8 the Department of Defense.

9 SEC. 8070. None of the funds appropriated by this

10 Act shall be available for a contract for studies, analyses,

11 or consulting services entered into without competition on

12 the basis of an unsolicited proposal unless the head of the

13 activity responsible for the procurement determines—

14 (1) as a result of thorough technical evaluation,

15 only one source is found fully qualified to perform

16 the proposed work, or

17 (2) the purpose of the contract is to explore an

18 unsolicited proposal which offers significant sci19 entific or technological promise, represents the prod20 uct of original thinking, and was submitted in con21 fidence by one source, or

22 (3) the purpose of the contract is to take ad23 vantage of unique and significant industrial accom24 plishment by a specific concern, or to insure that a
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1 new product or idea of a specific concern is given fi2 nancial support:

3 Provided, That this limitation shall not apply to contracts

4 in an amount of less than $25,000, contracts related to

5 improvements of equipment that is in development or pro6 duction, or contracts as to which a civilian official of the

7 Department of Defense, who has been confirmed by the

8 Senate, determines that the award of such contract is in

9 the interest of the national defense.

10 SEC. 8071. Funds appropriated by this Act for intel11 ligence activities are deemed to be specifically authorized

12 by the Congress for purposes of section 504 of the Na13 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

14 year 1996 until the enactment of the Intelligence Author15 ization Act for fiscal year 1996.

16 SEC. 8072. (a) None of the funds made available by

17 this Act may be obligated for design, development, acquisi18 tion, or operation of more than 47 Titan IV expendable

19 launch vehicles, or for satellite mission-model planning for

20 a Titan IV requirement beyond 47 vehicles.

21 (b) $115,226,000 made available in this Act for Re22 search, Development, Test and Evaluation, Air Force,

23 may only be obligated for development of a new family

24 of medium-lift and heavy-lift expendable launch vehicles

25 evolved from existing technologies.
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1 SEC. 8073. No funds available to the Department of

2 Defense in this Act may be used to establish additional

3 field operating agencies of any element of the Department

4 during fiscal year 1996, except for field operating agencies

5 funded within the National Foreign Intelligence Program.

6 SEC. 8074. Notwithstanding any other provision of

7 law, for resident classes entering the war colleges after

8 September 30, 1996, the Department of Defense shall re9 quire that not less than 20 percent of the total of United

10 States military students at each war college shall be from

11 military departments other than the hosting military de12 partment: Provided, That each military department will

13 recognize the attendance at a sister military department

14 war college as the equivalent of attendance at its own war

15 college for promotion and advancement of personnel.

16 SEC. 8075. None of the funds provided in this Act

17 may be obligated for payment on new contracts on which

18 allowable costs charged to the government include pay19 ments for individual compensation at a rate in excess of

20 $200,000 per year.

21 SEC. 8076. None of the funds available in this Act

22 may be used to reduce the authorized positions for mili23 tary (civilian) technicians of the Army National Guard,

24 the Air National Guard, Army Reserve and Air Force Re25 serve for the purpose of applying any administratively im-
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1 posed civilian personnel ceiling, freeze, or reduction on

2 military (civilian) technicians, unless such reductions are

3 a direct result of a reduction in military force structure.

4 SEC. 8077. During the current fiscal year, funds ap5 propriated in this Act are available to compensate mem6 bers of the National Guard for duty performed pursuant

7 to a plan submitted by a Governor of a State and approved

8 by the Secretary of Defense under section 112 of title 32,

9 United States Code: Provided, That during the perform10 ance of such duty, the members of the National Guard

11 shall be under State command and control: Provided fur12 ther, That such duty shall be treated as full-time National

13 Guard duty for purposes of sections 12602 (a)(2) and

14 (b)(2) of title 10, United States Code.

15 SEC. 8078. Funds appropriated in this Act for oper16 ation and maintenance of the Military Departments, Uni17 fied and Specified Commands and Defense Agencies shall

18 be available for reimbursement of pay, allowances and

19 other expenses which would otherwise be incurred against

20 appropriations for the National Guard and Reserve when

21 members of the National Guard and Reserve provide intel22 ligence support to Unified Commands, Defense Agencies

23 and Joint Intelligence Activities, including the activities

24 and programs included within the General Defense Intel25 ligence Program and the Consolidated Cryptologic Pro-
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1 gram: Provided, That nothing in this section authorizes

2 deviation from established Reserve and National Guard

3 personnel and training procedures.

4 SEC. 8079. (a) No project for the construction of any

5 facility, or improvement to any facility, having an esti6 mated Federal cost in excess of $750,000, may be under7 taken in any fiscal year unless specifically identified as

8 a separate item in the President’s annual fiscal year budg9 et request or otherwise specifically authorized and appro10 priated if such facility or improvement would be used pri11 marily by personnel of the intelligence community.

12 (b) As used in this section, the term ‘‘intelligence

13 community’’ has the same meaning given that term in sec14 tion 3(4) of the National Security Act of 1947 (50 U.S.C.

15 401a(4)).

16 SEC. 8080. The Secretary of Defense, from within

17 funds provided in this Act, may obligate not to exceed

18 $75,000 to fulfill Department of Defense obligations

19 under the Educational Loan Repayment Programs for

20 State-sponsored student loan programs not covered under

21 title IV, part B or E of the Higher Education Act of 1965

22 (title 20 U.S.C. 1071–1087).

23 SEC. 8081. All refunds or other amounts collected in

24 the administration of the Civilian Health and Medical Pro-
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1 gram of the Uniformed Services (CHAMPUS) shall be

2 credited to current year appropriations.

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8082. None of the funds appropriated in this

5 Act may be transferred to or obligated from the Pentagon

6 Reservation Maintenance Revolving Fund, unless the Sec7 retary of Defense certifies that the total cost for the plan8 ning design, construction and installation of equipment for

9 the renovation of the Pentagon Reservation will not exceed

10 $1,218,000,000.

11 SEC. 8083. (a) None of the funds available to the

12 Department of Defense for any fiscal year for drug inter13 diction or counter-drug activities may be transferred to

14 any other department or agency of the United States ex15 cept as specifically provided in an appropriations law.

16 (b) None of the funds available to the Central Intel17 ligence Agency for any fiscal year for drug interdiction

18 and counter-drug activities may be transferred to any

19 other department or agency of the United States except

20 as specifically provided in an appropriations law.

21 (TRANSFER OF FUNDS)

22 SEC. 8084. Appropriations available in this Act under

23 the heading ‘‘Operation and Maintenance, Defense-Wide’’

24 for increasing energy and water efficiency in Federal

25 buildings may, during their period of availability, be trans26 ferred to other appropriations or funds of the Department
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1 of Defense for projects related to increasing energy and

2 water efficiency, to be merged with and to be available

3 for the same general purposes, and for the same time pe4 riod, as the appropriation or fund to which transferred.

5 SEC. 8085. Funds in the amount of $61,300,000 re6 ceived during fiscal year 1996 by the Department of the

7 Air Force pursuant to the ‘‘Memorandum of Agreement

8 between the National Aeronautics and Space Administra9 tion and the United States Air Force on Titan IV/Centaur

10 Launch Support for the Cassini Mission,’’ signed Septem11 ber 8, 1994, and September 23, 1994, and Attachments

12 A, B and C to the Memorandum, shall be merged with

13 appropriations available for research, development, test

14 and evaluation and procurement for fiscal year 1996, and

15 shall be available for the same time period as the appro16 priation with which merged, and shall be available for obli17 gation only for those Titan IV vehicles and Titan IV-relat18 ed activities under contract as of the date of enactment

19 of this Act, as well as on the follow-on launch services and

20 program sustaining support contract to be awarded in fis21 cal year 1996.

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8086. In addition to amounts appropriated or

24 otherwise made available by this Act, $44,000,000 is here25 by appropriated to the Department of Defense and shall
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1 be available only for transfer to the United States Coast

2 Guard for activities relating to national security.

3 SEC. 8087. The total amount appropriated in title II,

4 III, and IV of this Act is hereby reduced by $30,000,000

5 for savings through improved management of contractor

6 automatic data processing costs charged through indirect

7 rates on Department of Defense acquisition contracts.

8 SEC. 8088. (a) None of the funds appropriated in

9 title III of this Act may be obligated by the Department

10 of Defense for acquisition or advance procurement of any

11 system or end item using incremental funding.

12 (b) For purposes of this section, the term ‘‘incremen13 tal funding’’ has the meaning provided in paragraph (3)

14 of section 114(f) of title 10, United States Code, as added

15 by section 1007 of H.R. 1530 of the One Hundred Fourth

16 Congress (the National Defense Authorization Act for Fis17 cal Year 1996), as passed by the House of Representatives

18 on June 15, 1995.

19 (c) This section does not apply to an obligation that

20 is classified as an advance procurement for a system or

21 end item that is to be procured on a full funding basis.

22 SEC. 8089. None of the funds in this Act may be

23 used to purchase any supercomputer which is not manu24 factured in the United States, unless the Secretary of De25 fense certifies to the congressional defense committees
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1 that such an acquisition must be made in order to acquire

2 capability for national security purposes that is not avail3 able from United States manufacturers.

4 SEC. 8090. None of the funds appropriated in this

5 Act to the Department of the Army may be obligated for

6 procurement of 120mm mortars or 120mm mortar ammu7 nition manufactured outside of the United States.

8 SEC. 8091. The Department of Defense shall release

9 all funds appropriated and available for the HAVE GAZE

10 program to the Department of the Air Force for obligation

11 under existing contractual arrangements.

12 SEC. 8092. Notwithstanding any other provision of

13 law, (a) funds available to the Navy in the Operation and

14 Maintenance appropriation for refueling overhauls and

15 defueling inactivations of nuclear-powered warships are

16 available to transport the shipments of naval spent nuclear

17 fuel to the Idaho National Engineering Laboratory needed

18 for examination and storage to avoid threats to the na19 tional security; and (b) the Secretary of the Navy is hereby

20 authorized to immediately commence and accomplish such

21 transportation: Provided, That the Secretary of Defense

22 shall make the determination as to what shipments are

23 required for that purpose and shall ensure that the ship24 ments are made in accordance with the practices and re25 quirements applied to previous container shipments of
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1 naval spent fuel to the Idaho National Engineering Lab2 oratory: Provided further, That the authority in this sec3 tion shall expire on September 30, 1996 or upon the vaca4 tion or stay of the current or any subsequent injunction

5 issued by the United States District Court for the District

6 of Idaho which enjoins such shipments, whichever occurs

7 first: Provided further, That the authority in this section

8 may not be used unless the Secretary of Defense certifies

9 in writing to the congressional defense committees that a

10 good-faith agreement between the State of Idaho and the

11 United States Government was attempted but could not

12 be reached concerning interim shipments of spent nuclear

13 fuel enjoined by any such injunction based on national se14 curity reasons.

15 SEC. 8093. None of the funds appropriated by this

16 Act shall be available to lease or charter a vessel on a

17 long-term basis used to transport fuel or oil for the De18 partment of Defense in those instances where the leases

19 involve the construction of new ships unless the Secretary

20 of Defense requires that the vessel be constructed in the

21 United States with a double hull under the long term lease

22 or charter authority provided in section 2401 note of title

23 10, United States Code: Provided, That this limitation

24 shall not apply to contracts in force on the date of enact25 ment of this Act: Provided further, That by 1997 at least
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1 20 percent of annual leases and charters must be for ships

2 of new construction: Provided further, That the Military

3 Sealift Command shall plan to achieve the goal of elimi4 nating single hull ship leases by the year 2015.

5 SEC. 8094. None of the funds appropriated or made

6 available in this Act to the Department of the Navy shall

7 be used to develop or procure main propulsion engines for

8 the LPD–17 class of ships unless such equipment is pow9 ered by a diesel engine manufactured in the United States

10 by a domestically operated entity: Provided, That the Sec11 retary of Defense may waive this restriction on a case12 by-case basis by certifying in writing to the Committees

13 on Appropriations of the House of Representatives and the

14 Senate that adequate domestic supplies are not available

15 to meet Department of Defense requirements on a timely

16 basis and that such an acquisition must be made in order

17 to acquire capability for national security purposes or

18 there exists a significant cost or quality difference.

19 SEC. 8095. None of the funds appropriated or made

20 available in this Act to the Department of the Navy shall

21 be used to develop or procure an emergency generator set

22 for the New Attack Submarine unless such equipment is

23 powered by a diesel engine manufactured in the United

24 States by a domestically operated entity: Provided, That

25 the Secretary of Defense may waive this restriction on a
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1 case-by-case basis by certifying in writing to the Commit2 tees on Appropriations of the House of Representatives

3 and the Senate that adequate domestic supplies are not

4 available to meet Department of Defense requirements on

5 a timely basis and that such an acquisition must be made

6 in order to acquire capability for national security pur7 poses or there exists a significant cost or quality dif8 ference.

9 SEC. 8096. The Army shall use George Air Force

10 Base as the interim airhead for the National Training

11 Center at Fort Irwin until Barstow-Daggett reaches Ini12 tial Operational Capability as the permanent airhead: Pro13 vided, That within funds appropriated for ‘‘Operation and

14 Maintenance, Army’’ in this Act, not less than $2,000,000

15 shall be available only to operate the National Training

16 Center’s rotational airhead at the now closed George Air

17 Force Base: Provided further, That the Secretary of the

18 Army shall provide the congressional defense committees

19 with a report assessing the Army’s compliance with the

20 terms of this provision not later than March 31, 1996:

21 Provided further, That not later than April 30, 1996, the

22 Department of the Army shall complete planning and de23 sign of the Barstow-Daggett airfield as the permanent

24 airhead in support of training rotations at the National

25 Training Center.
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1 (TRANSFER OF FUNDS)

2 SEC. 8097. During the current fiscal year, the Sec3 retary of Defense may carry out transfers of funds of not

4 to exceed $200,000,000, as provided in section 127a(c) of

5 title 10, United States Code, as amended by section 1003

6 of the National Defense Authorization Act for Fiscal Year

7 1996 (H.R. 1530): Provided, That the transfer authority

8 provided in this paragraph is in addition to any transfer

9 authority contained elsewhere in this Act.

10 SEC. 8098. The sum of $77,500,000 appropriated in

11 title I and the sum of $564,300,000 appropriated in title

12 II for additional incremental costs associated with the op13 erations of the Department of Defense designated, as of

14 June 1, 1995, as Operation Southern Watch and Oper15 ation Provide Comfort—

16 (1) shall not be obligated or expended before

17 the date on which the budget of the President for

18 fiscal year 1997 is transmitted to Congress; and

19 (2) may be obligated or expended for such in20 cremental costs on or after such date only if that

21 budget specifically sets forth amounts proposed for

22 fiscal year 1997 for each of those operations.

23 SEC. 8099. (a) The Secretary of Defense shall sub24 mit, on a quarterly basis, a report to the congressional

25 defense committees, the Committee on International Rela-
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1 tions of the House of Representatives and the Committee

2 on Foreign Relations of the Senate setting forth all costs

3 (including incremental costs) incurred by the Department

4 of Defense during the preceding quarter in implementing

5 or supporting resolutions of the United Nations Security

6 Council, including any such resolution calling for inter7 national sanctions, international peacekeeping operations,

8 and humanitarian missions undertaken by the Depart9 ment of Defense. The quarterly report shall include an ag10 gregate of all such Department of Defense costs by oper11 ation or mission.

12 (b) The Secretary of Defense shall detail in the quar13 terly reports all efforts made to seek credit against past

14 United Nations expenditures and all efforts made to seek

15 compensation from the United Nations for costs incurred

16 by the Department of Defense in implementing and sup17 porting United Nations activities.

18 SEC. 8100. (a) LIMITATION ON PARTICIPATION IN

19 CERTAIN OPERATIONS.—None of the funds available to

20 the Department of Defense for the current fiscal year shall

21 be obligated or expended for costs incurred by United

22 States Armed Forces units serving in an operation de23 scribed in subsection (b) unless the President engages in

24 consultations with the bipartisan leadership of Congress

25 and the congressional committees named in subsection (e)
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1 regarding such operation in accordance with subsection

2 (c)(1).

3 (b) COVERED OPERATIONS.—(1) This section applies

4 to the following:

5 (A) Any international peacekeeping or peace-en6 forcement operation that is not underway as of the

7 date of the enactment of this Act and that is author8 ized by the Security Council of the United Nations

9 under chapter VI or VII of the Charter of the Unit10 ed Nations.

11 (B) Any other international peacekeeping or

12 peace-enforcement operation that is not underway as

13 of the date of the enactment of this Act.

14 (C) Any deployment after the date of the enact15 ment of this Act of United States ground forces in

16 the territory of the former Yugoslavia above the level

17 of such forces so deployed as of such date of enact18 ment, other than a deployment involving fewer than

19 100 personnel.

20 (D) Except as provided in paragraph (2), any

21 international humanitarian assistance operation.

22 (2) This section does not apply with respect to—

23 (A) an international humanitarian assistance

24 operation carried out in response to a disaster; or
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1 (B) any other international humanitarian as2 sistance operation if the President reports to Con3 gress that the estimated cost of such operation is

4 less than $50,000,000.

5 (c) CONSULTATION WITH CONGRESS.—(1) Consulta6 tions under subsection (a) in the case of any operation

7 shall be initiated before the initial deployment of United

8 States Armed Forces units to participate in the operation

9 and, whenever possible, at least 15 days before such de10 ployment. However, if the President determines that the

11 national security so requires, the President may delay the

12 initiation of such consultations until after such initial de13 ployment, but in no case may such consultations be initi14 ated later than 48 hours after such deployment.

15 (2) Such consultations shall include discussion of all

16 of the following:

17 (A) The goals of the operation and the mission

18 of any United States Armed Forces units involved in

19 the operation.

20 (B) The United States interests that will be

21 served by the operation.

22 (C) The estimated cost of the operation.

23 (D) The strategy by which the President pro24 poses to fund the operation, including possible sup25 plemental appropriations or payments from inter-
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1 national organizations, foreign countries, or other

2 donors.

3 (E) The extent of involvement of armed forces

4 and other contributions of personnel from other na5 tions.

6 (F) The anticipated duration and scope of the

7 operation.

8 (3) Such consultations shall continue on a periodic

9 basis throughout the period of the deployment.

10 (d) REQUESTS FOR EMERGENCY SUPPLEMENTAL

11 APPROPRIATIONS.—Whenever there is a deployment of

12 United States Armed Forces to perform an international

13 humanitarian, peacekeeping, or peace-enforcement oper14 ation, the President should seek emergency supplemental

15 appropriations to meet the incremental costs to the De16 partment of Defense of that deployment not later than 90

17 days after the date on which such deployment commences.

18 (e) COMMITTEES TO BE INCLUDED IN CONSULTA19 TIONS.—The committees referred to in subsection (a) are

20 the following:

21 (1) The congressional defense committees.

22 (2) The Committee on Foreign Relations of the

23 Senate and the Committee on International Rela24 tions of the House of Representatives.
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1 (3) The Select Committee on Intelligence of the

2 Senate and the Permanent Select Committee on In3 telligence of the House of Representatives.

4 SEC. 8101. (a) LIMITATION ON TRANSFER OF DE5 FENSE ARTICLES AND SERVICES.—Notwithstanding any

6 other provision of law, none of the funds available to the

7 Department of Defense for the current fiscal year may be

8 obligated or expended to transfer to another nation or an

9 international organization any defense articles or services

10 (other than intelligence services) for use in the activities

11 described in subsection (b) unless the congressional de12 fense committees, and the Committee on International Re13 lations of the House of Representatives and the Commit14 tee on Foreign Relations of the Senate are notified 15

15 days in advance of such transfer.

16 (b) COVERED ACTIVITIES.—(1) This section applies

17 to—

18 (A) any international peacekeeping or peace-en19 forcement operation under the authority of chapter

20 VI or chapter VII of the United Nations Charter

21 under the authority of a United Nations Security

22 Council resolution; and

23 (B) any other international peacekeeping,

24 peace-enforcement, humanitarian, or disaster relief

25 operation.
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1 (c) REQUIRED NOTICE.—A notice under subsection

2 (a) shall include the following:

3 (1) A description of the equipment, supplies, or

4 services to be transferred.

5 (2) A statement of the value of the equipment,

6 supplies, or services to be transferred.

7 (3) In the case of a proposed transfer of equip8 ment or supplies—

9 (A) a statement of whether the inventory

10 requirements of all elements of the Armed

11 Forces (including the reserve components) for

12 the type of equipment or supplies to be trans13 ferred have been met; and

14 (B) a statement of whether the items pro15 posed to be transferred will have to be replaced

16 and, if so, how the President proposes to pro17 vide funds for such replacement.

18 SEC. 8102. None of the funds available to the De19 partment of Defense shall be obligated or expended for

20 the purposes of deploying United States Armed Forces to

21 participate in the implementation of a negotiated peace

22 settlement in Bosnia-Herzegovina, unless such deployment

23 is previously authorized by law.

24 SEC. 8103. Except as expressly authorized by law or

25 provided for specifically in an Act making appropriations
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1 for the Department of Defense, none of the funds available

2 to the Department of Defense after December 1, 1995,

3 for the current fiscal year or any fiscal year hereafter shall

4 be available to support or otherwise provide funds for any

5 program or activity (other than an intelligence program

6 or activity) for which another Federal department or agen7 cy has primary responsibility or which is a type of pro8 gram or activity for which funds are customarily provided

9 in appropriations available to another Federal department

10 or agency. The limitation in the preceding sentence does

11 not apply with respect to funds made available to another

12 department or agency in accordance with section 1535 of

13 title 31, United States Code.

14 SEC. 8104. None of the funds available to the De15 partment of Defense shall be obligated or expended to

16 make a financial contribution to the United Nations for

17 the cost of an United Nations peacekeeping activity

18 (whether pursuant to assessment or a voluntary contribu19 tion) or for payment of any United States arrearage to

20 the United Nations.

21 SEC. 8105. None of the funds made available in this

22 Act may be used to administer any policy that permits

23 the performance of abortions at medical treatment or

24 other facilities of the Department of Defense, except when

25 it is made known to the Federal official having authority
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1 to obligate or expend such funds that the life of the moth2 er would be endangered if the fetus were carried to term.

3 SEC. 8106. None of the funds made available in this

4 Act under the heading ‘‘Procurement of Ammunition,

5 Army’’ may be obligated or expended for the procurement

6 of munitions unless such acquisition fully complies with

7 the Competition in Contracting Act.

8 SEC. 8107. None of the funds in this Act may be

9 used to implement any change to the computation of mili10 tary retired pay as required by law in fiscal year 1995

11 for military personnel who entered the Service before Sep12 tember 8, 1980.

13 SEC. 8108. None of the funds available to the De14 partment of Defense under this Act shall be obligated or

15 expended to pay a contractor under a contract with the

16 Department of Defense for costs of any amount paid by

17 the contractor to an employee when it is made known to

18 the Federal official having authority to obligate or expend

19 such funds that—

20 (1) such costs are for a bonus or otherwise in

21 excess of the normal salary paid by the contractor

22 to the employee; and

23 (2) such bonus is part of restructuring costs as24 sociated with a business combination.
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1 SEC. 8109. LIMITATION ON PROCUREMENT OF CER2 TAIN VESSEL PROPELLERS AND SHIP PROPULSION

3 SHAFTING.—(a) Subject to subsection (c), none of the

4 funds made available by this Act may be used to procure

5 vessel propellers six feet in diameter or greater when it

6 is made known to the Federal official having authority to

7 obligate or expend such funds that such propellers are not

8 manufactured in the United States and do not incorporate

9 castings that are poured and finished only in the United

10 States.

11 (b) Subject to subsection (c), none of the funds made

12 available by this Act may be used to procure ship propul13 sion shafting when it is made known to the Federal official

14 having authority to obligate or expend such funds that

15 such ship propulsion shafting is not manufactured in the

16 United States.

17 (c) The limitation in subsection (a) or subsection (b),

18 as the case may be, does not apply when it is made known

19 to the Federal official having authority to obligate or ex20 pend such funds that adequate domestic supplies of pro21 pellers described in subsection (a) or of ship propulsion

22 shafting are not available to meet Department of Defense

23 requirements on a timely basis.

24 SEC. 8110. None of the funds provided in title II of

25 this Act for ‘‘FORMER SOVIET UNION THREAT REDUC-
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1 TION’’ may be obligated or expended to finance housing

2 for any individual when it is made known to the Federal

3 official having authority to obligate or expend such funds

4 that such individual was a member of the military forces

5 of the Soviet Union or that such individual is or was a

6 member of the military forces of the Russian Federation.

7 SEC. 8111. None of the funds available to the De8 partment of Defense for the current fiscal year shall be

9 obligated or expended for costs incurred by the participa10 tion of United States Armed Forces units in any operation

11 in the territory of the former Yugoslavia above the level

12 of forces so deployed as of date of enactment: Provided,

13 That this section shall not apply to emergency air rescue

14 operations, the airborne delivery of humanitarian supplies,

15 or the planning and execution of OPLAN 40104 to extract

16 UNPROFOR personnel.

17 This Act may be cited as the ‘‘Department of Defense

18 Appropriations Act, 1996’’.

19 That the following sums are appropriated, out of any

20 money in the Treasury not otherwise appropriated, for the

21 fiscal year ending September 30, 1996, and for other pur22 poses, namely:
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1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, interest on

5 deposits, gratuities, permanent change of station travel (in6 cluding all expenses thereof for organizational movements),

7 and expenses of temporary duty travel between permanent

8 duty stations, for members of the Army on active duty (ex9 cept members of reserve components provided for elsewhere),

10 cadets, and aviation cadets; and for payments pursuant to

11 section 156 of Public Law 97–377, as amended (42 U.S.C.

12 402 note), to section 229(b) of the Social Security Act (42

13 U.S.C. 429(b)), and to the Department of Defense Military

14 Retirement Fund; $19,776,587,000.

15 MILITARY PERSONNEL, NAVY

16 For pay, allowances, individual clothing, interest on

17 deposits, gratuities, permanent change of station travel (in18 cluding all expenses thereof for organizational movements),

19 and expenses of temporary duty travel between permanent

20 duty stations, for members of the Navy on active duty (ex21 cept members of the Reserve provided for elsewhere), mid22 shipmen, and aviation cadets; and for payments pursuant

23 to section 156 of Public Law 97–377, as amended (42

24 U.S.C. 402 note), to section 229(b) of the Social Security
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1 Act (42 U.S.C. 429(b)), and to the Department of Defense

2 Military Retirement Fund; $16,979,209,000.

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, interest on

5 deposits, gratuities, permanent change of station travel (in6 cluding all expenses thereof for organizational movements),

7 and expenses of temporary duty travel between permanent

8 duty stations, for members of the Marine Corps on active

9 duty (except members of the Reserve provided for elsewhere);

10 and for payments pursuant to section 156 of Public Law

11 97–377, as amended (42 U.S.C. 402 note), to section 229(b)

12 of the Social Security Act (42 U.S.C. 429(b)), and to the

13 Department of Defense Military Retirement Fund;

14 $5,886,540,000.

15 MILITARY PERSONNEL, AIR FORCE

16 For pay, allowances, individual clothing, interest on

17 deposits, gratuities, permanent change of station travel (in18 cluding all expenses thereof for organizational movements),

19 and expenses of temporary duty travel between permanent

20 duty stations, for members of the Air Force on active duty

21 (except members of reserve components provided for else22 where), cadets, and aviation cadets; and for payments pur23 suant to section 156 of Public Law 97–377, as amended

24 (42 U.S.C. 402 note), to section 229(b) of the Social Secu-
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1 rity Act (42 U.S.C. 429(b)), and to the Department of De2 fense Military Retirement Fund; $17,156,443,000.

3 RESERVE PERSONNEL, ARMY

4 For pay, allowances, clothing, subsistence, gratuities,

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 265, 3021, and 3038

7 of title 10, United States Code, or while serving on active

8 duty under section 672(d) of title 10, United States Code,

9 in connection with performing duty specified in section

10 678(a) of title 10, United States Code, or while undergoing

11 reserve training, or while performing drills or equivalent

12 duty or other duty, and for members of the Reserve Officers’

13 Training Corps, and expenses authorized by section 2131

14 of title 10, United States Code; and for payments to the

15 Department of Defense Military Retirement Fund;

16 $2,102,466,000.

17 RESERVE PERSONNEL, NAVY

18 For pay, allowances, clothing, subsistence, gratuities,

19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 265 of title 10, United

21 States Code, or while serving on active duty under section

22 672(d) of title 10, United States Code, in connection with

23 performing duty specified in section 678(a) of title 10,

24 United States Code, or while undergoing reserve training,

25 or while performing drills or equivalent duty, and for mem-
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1 bers of the Reserve Officers’ Training Corps, and expenses

2 authorized by section 2131 of title 10, United States Code;

3 and for payments to the Department of Defense Military

4 Retirement Fund; $1,349,323,000.

5 RESERVE PERSONNEL, MARINE CORPS

6 For pay, allowances, clothing, subsistence, gratuities,

7 travel, and related expenses for personnel of the Marine

8 Corps Reserve on active duty under section 265 of title 10,

9 United States Code, or while serving on active duty under

10 section 672(d) of title 10, United States Code, in connection

11 with performing duty specified in section 678(a) of title 10,

12 United States Code, or while undergoing reserve training,

13 or while performing drills or equivalent duty, and for mem14 bers of the Marine Corps platoon leaders class, and expenses

15 authorized by section 2131 of title 10, United States Code;

16 and for payments to the Department of Defense Military

17 Retirement Fund; $364,551,000.

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities,

20 travel, and related expenses for personnel of the Air Force

21 Reserve on active duty under sections 265, 8021, and 8038

22 of title 10, United States Code, or while serving on active

23 duty under section 672(d) of title 10, United States Code,

24 in connection with performing duty specified in section

25 678(a) of title 10, United States Code, or while undergoing
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1 reserve training, or while performing drills or equivalent

2 duty or other duty, and for members of the Air Reserve Offi3 cers’ Training Corps, and expenses authorized by section

4 2131 of title 10, United States Code; and for payments to

5 the Department of Defense Military Retirement Fund;

6 $783,861,000.

7 NATIONAL GUARD PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities,

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under section 265, 3021, or

11 3496 of title 10 or section 708 of title 32, United States

12 Code, or while serving on duty under section 672(d) of title

13 10 or section 502(f) of title 32, United States Code, in con14 nection with performing duty specified in section 678(a)

15 of title 10, United States Code, or while undergoing train16 ing, or while performing drills or equivalent duty or other

17 duty, and expenses authorized by section 2131 of title 10,

18 United States Code; and for payments to the Department

19 of Defense Military Retirement Fund; $3,222,422,000.

20 NATIONAL GUARD PERSONNEL, AIR FORCE

21 For pay, allowances, clothing, subsistence, gratuities,

22 travel, and related expenses for personnel of the Air Na23 tional Guard on duty under section 265, 8021, or 8496 of

24 title 10 or section 708 of title 32, United States Code, or

25 while serving on duty under section 672(d) of title 10 or
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1 section 502(f) of title 32, United States Code, in connection

2 with performing duty specified in section 678(a) of title 10,

3 United States Code, or while undergoing training, or while

4 performing drills or equivalent duty or other duty, and ex5 penses authorized by section 2131 of title 10, United States

6 Code; and for payments to the Department of Defense Mili7 tary Retirement Fund; $1,259,627,000.

8 TITLE II

9 OPERATION AND MAINTENANCE

10 OPERATION AND MAINTENANCE, ARMY

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses, not otherwise provided for, necessary for

13 the operation and maintenance of the Army, as authorized

14 by law; and not to exceed $14,437,000 can be used for emer15 gencies and extraordinary expenses, to be expended on the

16 approval or authority of the Secretary of the Army, and

17 payments may be made on his certificate of necessity for

18 confidential military purposes; $17,947,229,000 and, in ad19 dition, $50,000,000 shall be derived by transfer from the

20 National Defense Stockpile Transaction Fund: Provided,

21 That of the funds appropriated in this paragraph, not less

22 than $388,599,000 shall be made available only for conven23 tional ammunition care and maintenance: Provided fur24 ther, That of the funds provided under this heading,

25 $1,418,000,000 shall be available only for Real Property
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1 Maintenance activities, and shall remain available for obli2 gation until September 30, 1997: Provided further, That not

3 less than $15,000,000 shall be made available only for the

4 implementation and execution of the 1988 agreement be5 tween the Department of the Army and National Presto In6 dustries Inc. for the remediation of environmental contami7 nation at the National Presto Industries Inc. site at Eau

8 Claire, WI. These funds shall be made available no later

9 than sixty days following the enactment of this Act: Pro10 vided further, That of the funds provided under this head11 ing, $500,000 may be available for the Life Sciences Equip12 ment Laboratory, Kelly Air Force Base, Texas, for work

13 in support of the Joint Task Force–Full Accounting.

14 OPERATION AND MAINTENANCE, NAVY

15 (INCLUDING TRANSFER OF FUNDS)

16 For expenses, not otherwise provided for, necessary for

17 the operation and maintenance of the Navy and the Marine

18 Corps, as authorized by law; and not to exceed $4,151,000

19 can be used for emergencies and extraordinary expenses, to

20 be expended on the approval or authority of the Secretary

21 of the Navy, and payments may be made on his certificate

22 of necessity for confidential military purposes;

23 $21,195,301,000 and, in addition, $50,000,000 shall be de24 rived by transfer from the National Defense Stockpile

25 Transaction Fund: Provided, That of the funds provided
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1 under this heading, $1,150,000,000 shall be available only

2 for Real Property Maintenance activities, and shall remain

3 available for obligation until September 30, 1997: Provided

4 further, That, of the funds appropriated under this heading,

5 not more than $12,200,000 shall be available only for pay6 ing the costs of terminating Project ELF.

7 OPERATION AND MAINTENANCE, MARINE CORPS

8 For expenses, not otherwise provided for, necessary for

9 the operation and maintenance of the Marine Corps, as au10 thorized by law; $2,341,737,000: Provided, That of the

11 funds provided under this heading, $366,800,000 shall be

12 available only for Real Property Maintenance activities,

13 and shall remain available for obligation until September

14 30, 1997.

15 OPERATION AND MAINTENANCE, AIR FORCE

16 (INCLUDING TRANSFER OF FUNDS)

17 For expenses, not otherwise provided for, necessary for

18 the operation and maintenance of the Air Force, as author19 ized by law; and not to exceed $8,326,000 can be used for

20 emergencies and extraordinary expenses, to be expended on

21 the approval or authority of the Secretary of the Air Force,

22 and payments may be made on his certificate of necessity

23 for confidential military purposes; $18,202,437,000 and, in

24 addition, $50,000,000 shall be derived by transfer from the

25 National Defense Stockpile Transaction Fund: Provided,
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1 That the Secretary of the Air Force may acquire all right,

2 title, and interest of any party in and to parcels of real

3 property, including improvements thereon, consisting of not

4 more than 92 acres, located near King Salmon Air Force

5 Station for the purpose of conducting a response action in

6 accordance with the Comprehensive Environmental Re7 sponse, Compensation, and Liability Act (42 U.S.C. 9601–

8 9675) and the Air Force Installation Restoration Program:

9 Provided further, That of the funds provided under this

10 heading, $1,633,000,000 shall be available only for Real

11 Property Maintenance activities, and shall be available for

12 obligation until September 30, 1997: Provided further, That

13 from within the funds appropriated under this heading, the

14 Air Force may enter into a long-term lease or purchase

15 agreement to replace the existing fleet of VC–137 aircraft.

16 OPERATION AND MAINTENANCE, DEFENSE-WIDE

17 For expenses, not otherwise provided for, necessary for

18 the operation and maintenance of activities and agencies

19 of the Department of Defense (other than the military de20 partments), as authorized by law; $9,804,068,000, of which

21 not to exceed $25,000,000 may be available for the CINC

22 initiative fund account; and of which not to exceed

23 $28,588,000 can be used for emergencies and extraordinary

24 expenses, to be expended on the approval or authority of

25 the Secretary of Defense, and payments may be made on
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1 his certificate of necessity for confidential military pur2 poses: Provided, That of the funds appropriated under this

3 heading, $20,000,000 shall be made available only for use

4 in federally owned education facilities located on military

5 installations for the purpose of transferring title of such fa6 cilities to the local education agency: Provided further, That

7 of the funds provided under this heading, $169,800,000

8 shall be available only for Real Property Maintenance ac9 tivities, and shall remain available for obligation until Sep10 tember 30, 1997: Provided further, That of the funds appro11 priated in this paragraph, $11,200,000 shall be available

12 for the Joint Analytic Model Improvement Program: Pro13 vided further, That of the funds appropriated in this para14 graph, $10,000,000 shall be available for the Troops-to-Cops

15 program: Provided further, That of the funds provided

16 under this heading, $42,000,000 shall be available for the

17 Troops-to-Teachers program.

18 OPERATION AND MAINTENANCE, ARMY RESERVE

19 For expenses, not otherwise provided for, necessary for

20 the operation and maintenance, including training, organi21 zation, and administration, of the Army Reserve; repair of

22 facilities and equipment; hire of passenger motor vehicles;

23 travel and transportation; care of the dead; recruiting; pro24 curement of services, supplies, and equipment; and commu25 nications; $1,068,312,000: Provided, That of the funds pro-
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1 vided under this heading, $47,589,000 shall be available

2 only for Real Property Maintenance activities, and shall

3 remain available for obligation until September 30, 1997.

4 OPERATION AND MAINTENANCE, NAVY RESERVE

5 For expenses, not otherwise provided for, necessary for

6 the operation and maintenance, including training, organi7 zation, and administration, of the Navy Reserve; repair of

8 facilities and equipment; hire of passenger motor vehicles;

9 travel and transportation; care of the dead; recruiting; pro10 curement of services, supplies, and equipment; and commu11 nications; $826,042,000: Provided, That of the funds pro12 vided under this heading, $31,954,000 shall be available

13 only for Real Property Maintenance activities, and shall

14 remain available for obligation until September 30, 1997.

15 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

16 For expenses, not otherwise provided for, necessary for

17 the operation and maintenance, including training, organi18 zation, and administration, of the Marine Corps Reserve;

19 repair of facilities and equipment; hire of passenger motor

20 vehicles; travel and transportation; care of the dead; recruit21 ing; procurement of services, supplies, and equipment; and

22 communications; $90,283,000: Provided, That of the funds

23 provided under this heading, $4,911,000 shall be available

24 only for Real Property Maintenance activities, and shall

25 remain available for obligation until September 30, 1997.
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary for

3 the operation and maintenance, including training, organi4 zation, and administration, of the Air Force Reserve; repair

5 of facilities and equipment; hire of passenger motor vehicles;

6 travel and transportation; care of the dead; recruiting; pro7 curement of services, supplies, and equipment; and commu8 nications; $1,485,947,000: Provided, That of the funds pro9 vided under this heading, $63,062,000 shall be available

10 only for Real Property Maintenance activities, and shall

11 remain available for obligation until September 30, 1997.

12 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

13 For expenses of training, organizing, and administer14 ing the Army National Guard, including medical and hos15 pital treatment and related expenses in non-Federal hos16 pitals; maintenance, operation, and repairs to structures

17 and facilities; hire of passenger motor vehicles; personnel

18 services in the National Guard Bureau; travel expenses

19 (other than mileage), as authorized by law for Army person20 nel on active duty, for Army National Guard division, regi21 mental, and battalion commanders while inspecting units

22 in compliance with National Guard Bureau regulations

23 when specifically authorized by the Chief, National Guard

24 Bureau; supplying and equipping the Army National

25 Guard as authorized by law; and expenses of repair, modi-
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1 fication, maintenance, and issue of supplies and equipment

2 (including aircraft); $2,361,708,000: Provided, That of the

3 funds provided under this heading, $150,188,000 shall be

4 available only for Real Property Maintenance activities,

5 and shall be available for obligation until September 30,

6 1997.

7 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

8 For operation and maintenance of the Air National

9 Guard, including medical and hospital treatment and relat10 ed expenses in non-Federal hospitals; maintenance, oper11 ation, repair, and other necessary expenses of facilities for

12 the training and administration of the Air National Guard,

13 including repair of facilities, maintenance, operation, and

14 modification of aircraft; transportation of things; hire of

15 passenger motor vehicles; supplies, materials, and equip16 ment, as authorized by law for the Air National Guard;

17 and expenses incident to the maintenance and use of sup18 plies, materials, and equipment, including such as may be

19 furnished from stocks under the control of agencies of the

20 Department of Defense; travel expenses (other than mileage)

21 on the same basis as authorized by law for Air National

22 Guard personnel on active Federal duty, for Air National

23 Guard commanders while inspecting units in compliance

24 with National Guard Bureau regulations when specifically

25 authorized by the Chief, National Guard Bureau;
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1 $2,724,021,000: Provided, That of the funds provided under

2 this heading, $85,571,000 shall be available only for Real

3 Property Maintenance activities, and shall remain avail4 able for obligation until September 30, 1997.

5 UNITED STATES COURT OF APPEALS FOR THE ARMED

6 FORCES

7 For salaries and expenses necessary for the United

8 States Court of Appeals for the Armed Forces; $6,521,000,

9 of which not to exceed $2,500 can be used for official rep10 resentation purposes.

11 ENVIRONMENTAL RESTORATION, DEFENSE

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of Defense; $1,487,000,000, to re14 main available until transferred: Provided, That the Sec15 retary of Defense shall, upon determining that such funds

16 are required for environmental restoration, reduction and

17 recycling of hazardous waste, removal of unsafe buildings

18 and debris of the Department of Defense, or for similar pur19 poses (including programs and operations at sites formerly

20 used by the Department of Defense), transfer the funds made

21 available by this appropriation to other appropriations

22 made available to the Department of Defense, to be merged

23 with and to be available for the same purposes and for the

24 same period as the appropriations of funds to which trans25 ferred, as follows:
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1 Operation and Maintenance, Army,

2 $659,000,000;

3 Operation and Maintenance, Navy,

4 $405,000,000;

5 Operation and Maintenance, Air Force,

6 $368,000,000; and

7 Operation and Maintenance, Defense-wide,

8 $55,000,000:

9 Provided further, That upon a determination that all or

10 part of the funds transferred from this appropriation are

11 not necessary for the purposes provided herein, such

12 amounts may be transferred back to this appropriation.

13 SUMMER OLYMPICS

14 For logistical support and personnel services (other

15 than pay and non-travel-related allowances of members of

16 the Armed Forces of the United States, except for members

17 of the reserve components thereof called or ordered to active

18 duty to provide support for the 1996 Games of the XXVI

19 Olympiad to be held in Atlanta, Georgia) provided by any

20 component of the Department of Defense to the 1996 Games

21 of the XXVI Olympiad; $15,000,000: Provided, That funds

22 appropriated under this heading shall remain available for

23 obligation until September 30, 1997.
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1 HUMANITARIAN ASSISTANCE

2 For training and activities related to the clearing of

3 landmines for humanitarian purposes, $60,000,000.

4 FORMER SOVIET UNION THREAT REDUCTION

5 For assistance to the republics of the former Soviet

6 Union, including assistance provided by contract or by

7 grants, for facilitating the elimination and the safe and se8 cure transportation and storage of nuclear, chemical and

9 other weapons; for providing incentives for demilitariza10 tion; for establishing programs to prevent the proliferation

11 of weapons, weapons components, and weapon-related tech12 nology and expertise; for programs relating to the training

13 and support of defense and military personnel for demili14 tarization and protection of weapons, weapons components

15 and weapons technology and expertise; $325,000,000 to re16 main available until expended.

17 TITLE III

18 PROCUREMENT

19 AIRCRAFT PROCUREMENT, ARMY

20 For construction, procurement, production, modifica21 tion, and modernization of aircraft, equipment, including

22 ordnance, ground handling equipment, spare parts, and ac23 cessories therefor; specialized equipment and training de24 vices; expansion of public and private plants, including the

25 land necessary therefor, for the foregoing purposes, and such
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1 lands and interests therein, may be acquired, and construc2 tion prosecuted thereon prior to approval of title; and pro3 curement and installation of equipment, appliances, and

4 machine tools in public and private plants; reserve plant

5 and Government and contractor-owned equipment layaway;

6 and other expenses necessary for the foregoing purposes;

7 $1,498,623,000, to remain available for obligation until

8 September 30, 1998.

9 MISSILE PROCUREMENT, ARMY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, equipment, including

12 ordnance, ground handling equipment, spare parts, and ac13 cessories therefor; specialized equipment and training de14 vices; expansion of public and private plants, including the

15 land necessary therefor, for the foregoing purposes, and such

16 lands and interests therein, may be acquired, and construc17 tion prosecuted thereon prior to approval of title; and pro18 curement and installation of equipment, appliances, and

19 machine tools in public and private plants; reserve plant

20 and Government and contractor-owned equipment layaway;

21 and other expenses necessary for the foregoing purposes;

22 $846,555,000, to remain available for obligation until Sep23 tember 30, 1998.
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and modi4 fication of weapons and tracked combat vehicles, equipment,

5 including ordnance, spare parts, and accessories therefor;

6 specialized equipment and training devices; expansion of

7 public and private plants, including the land necessary

8 therefor, for the foregoing purposes, and such lands and in9 terests therein, may be acquired, and construction pros10 ecuted thereon prior to approval of title; and procurement

11 and installation of equipment, appliances, and machine

12 tools in public and private plants; reserve plant and Gov13 ernment and contractor-owned equipment layaway; and

14 other expenses necessary for the foregoing purposes;

15 $1,396,264,000, to remain available for obligation until

16 September 30, 1998.

17 PROCUREMENT OF AMMUNITION, ARMY

18 For construction, procurement, production, and modi19 fication of ammunition, and accessories therefor; specialized

20 equipment and training devices; expansion of public and

21 private plants, including ammunition facilities authorized

22 by section 2854, title 10, United States Code, and the land

23 necessary therefor, for the foregoing purposes, and such

24 lands and interests therein, may be acquired, and construc25 tion prosecuted thereon prior to approval of title; and pro-
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1 curement and installation of equipment, appliances, and

2 machine tools in public and private plants; reserve plant

3 and Government and contractor-owned equipment layaway;

4 and other expenses necessary for the foregoing purposes;

5 $1,090,891,000, to remain available for obligation until

6 September 30, 1998.

7 OTHER PROCUREMENT, ARMY

8 For construction, procurement, production, and modi9 fication of vehicles, including tactical, support, and

10 nontracked combat vehicles; the purchase of not to exceed

11 41 passenger motor vehicles for replacement only; commu12 nications and electronic equipment; other support equip13 ment; spare parts, ordnance, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including the land necessary there16 for, for the foregoing purposes, and such lands and interests

17 therein, may be acquired, and construction prosecuted

18 thereon prior to approval of title; and procurement and in19 stallation of equipment, appliances, and machine tools in

20 public and private plants; reserve plant and Government

21 and contractor-owned equipment layaway; and other ex22 penses necessary for the foregoing purposes; $2,760,002,000,

23 to remain available for obligation until September 30,

24 1998.
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1 AIRCRAFT PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of aircraft, equipment, including

4 ordnance, spare parts, and accessories therefor; specialized

5 equipment; expansion of public and private plants, includ6 ing the land necessary therefor, and such lands and inter7 ests therein, may be acquired, and construction prosecuted

8 thereon prior to approval of title; and procurement and in9 stallation of equipment, appliances, and machine tools in

10 public and private plants; reserve plant and Government

11 and contractor-owned equipment layaway; $4,897,393,000,

12 to remain available for obligation until September 30,

13 1998.

14 WEAPONS PROCUREMENT, NAVY

15 For construction, procurement, production, modifica16 tion, and modernization of missiles, torpedoes, other weap17 ons, other ordnance and ammunition, and related support

18 equipment including spare parts, and accessories therefor;

19 expansion of public and private plants, including the land

20 necessary therefor, and such lands and interests therein,

21 may be acquired, and construction prosecuted thereon prior

22 to approval of title; and procurement and installation of

23 equipment, appliances, and machine tools in public and

24 private plants; reserve plant and Government and contrac-
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1 tor-owned equipment layaway; $1,771,421,000, to remain

2 available for obligation until September 30, 1998.

3 SHIPBUILDING AND CONVERSION, NAVY

4 For expenses necessary for the construction, acquisi5 tion, or conversion of vessels as authorized by law, includ6 ing armor and armament thereof, plant equipment, appli7 ances, and machine tools and installation thereof in public

8 and private plants; reserve plant and Government and con9 tractor-owned equipment layaway; procurement of critical,

10 long leadtime components and designs for vessels to be con11 structed or converted in the future; and expansion of public

12 and private plants, including land necessary therefore, and

13 such lands and interests therein, may be acquired, and con14 struction prosecuted thereon prior to approval of title, as

15 follows:

16 For continuation of the SSN–21 attack sub17 marine program, $700,000,000;

18 NSSN–1 (AP) $704,498,000;

19 NSSN–2 (AP) $100,000,000;

20 CVN Refuelings, $221,988,000;

21 DDG–51 destroyer program, $3,586,800,000;

22 LHD–1 amphibious assault ship program,

23 $1,300,000,000; and

24 For craft, outfitting, post delivery, conversions,

25 and first destination transportation, $448,715,000;
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1 in all: $7,062,001,000, to remain available for obligation

2 until September 30, 2000: Provided, That additional obli3 gations may be incurred after September 30, 2000, for engi4 neering services, tests, evaluations, and other such budgeted

5 work that must be performed in the final stage of ship con6 struction: Provided further, That none of the funds herein

7 provided for the construction or conversion of any naval

8 vessel to be constructed in shipyards in the United States

9 shall be expended in foreign facilities for the construction

10 of major components of such vessel: Provided further, That

11 none of the funds herein provided shall be used for the con12 struction of any naval vessel in foreign shipyards.

13 OTHER PROCUREMENT, NAVY

14 For procurement, production, and modernization of

15 support equipment and materials not otherwise provided

16 for, Navy ordnance (except ordnance for new aircraft, new

17 ships, and ships authorized for conversion); the purchase

18 of not to exceed 252 passenger motor vehicles for replace19 ment only; expansion of public and private plants, includ20 ing the land necessary therefor, and such lands and inter21 ests therein, may be acquired, and construction prosecuted

22 thereon prior to approval of title; and procurement and in23 stallation of equipment, appliances, and machine tools in

24 public and private plants; reserve plant and Government

25 and contractor-owned equipment layaway; $2,394,260,000,
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1 to remain available for obligation until September 30,

2 1998.

3 PROCUREMENT, MARINE CORPS

4 For expenses necessary for the procurement, manufac5 ture, and modification of missiles, armament, military

6 equipment, spare parts, and accessories therefor; plant

7 equipment, appliances, and machine tools, and installation

8 thereof in public and private plants; reserve plant and Gov9 ernment and contractor-owned equipment layaway; vehicles

10 for the Marine Corps, including the purchase of not to ex11 ceed 194 passenger motor vehicles for replacement only; and

12 expansion of public and private plants, including land nec13 essary therefor, and such lands and interests therein, may

14 be acquired and construction prosecuted thereon prior to

15 approval of title; $597,139,000, to remain available for obli16 gation until September 30, 1998.

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For construction, procurement, and modification of

19 aircraft and equipment, including armor and armament,

20 specialized ground handling equipment, and training de21 vices, spare parts, and accessories therefor; specialized

22 equipment; expansion of public and private plants, Govern23 ment-owned equipment and installation thereof in such

24 plants, erection of structures, and acquisition of land, for

25 the foregoing purposes, and such lands and interests therein,
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1 may be acquired, and construction prosecuted thereon prior

2 to approval of title; reserve plant and Government and con3 tractor-owned equipment layaway; and other expenses nec4 essary for the foregoing purposes including rents and trans5 portation of things; $7,163,258,000, to remain available for

6 obligation until September 30, 1998.

7 MISSILE PROCUREMENT, AIR FORCE

8 For construction, procurement, and modification of

9 missiles, spacecraft, rockets, ammunition, and related

10 equipment, including spare parts and accessories therefor,

11 ground handling equipment, and training devices; expan12 sion of public and private plants, Government-owned equip13 ment and installation thereof in such plants, erection of

14 structures, and acquisition of land, for the foregoing pur15 poses, and such lands and interests therein, may be ac16 quired, and construction prosecuted thereon prior to ap17 proval of title; reserve plant and Government and contrac18 tor-owned equipment layaway; and other expenses nec19 essary for the foregoing purposes including rents and trans20 portation of things; $3,550,192,000, to remain available for

21 obligation until September 30, 1998.

22 OTHER PROCUREMENT, AIR FORCE

23 For procurement and modification of equipment (in24 cluding ground guidance and electronic control equipment,

25 and ground electronic and communication equipment), and
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1 supplies, materials, and spare parts therefor, not otherwise

2 provided for; the purchase of not to exceed 385 passenger

3 motor vehicles for replacement only; the purchase of 1 vehi4 cle required for physical security of personnel, notwith5 standing price limitations applicable to passenger vehicles

6 but not to exceed $260,000 per vehicle; and expansion of

7 public and private plants, Government-owned equipment

8 and installation thereof in such plants, erection of struc9 tures, and acquisition of land, for the foregoing purposes,

10 and such lands and interests therein, may be acquired, and

11 construction prosecuted thereon, prior to approval of title;

12 reserve plant and Government and contractor-owned equip13 ment layaway; $6,540,951,000, to remain available for obli14 gation until September 30, 1998.

15 PROCUREMENT, DEFENSE-WIDE

16 For expenses of activities and agencies of the Depart17 ment of Defense (other than the military departments) nec18 essary for procurement, production, and modification of

19 equipment, supplies, materials, and spare parts therefor,

20 not otherwise provided for; the purchase of not to exceed

21 451 passenger motor vehicles, of which 447 shall be for re22 placement only; expansion of public and private plants,

23 equipment, and installation thereof in such plants, erection

24 of structures, and acquisition of land for the foregoing pur25 poses, and such lands and interests therein, may be ac-
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1 quired, and construction prosecuted thereon prior to ap2 proval of title; reserve plant and Government and contrac3 tor-owned equipment layaway; $2,114,824,000, to remain

4 available for obligation until September 30, 1998.

5 NATIONAL GUARD AND RESERVE EQUIPMENT

6 For procurement of aircraft, missiles, tracked combat

7 vehicles, ammunition, other weapons, and other procure8 ment for the reserve components of the Armed Forces;

9 $777,000,000, to remain available for obligation until Sep10 tember 30, 1998: Provided, That the Chiefs of the Reserve

11 and National Guard components shall, not later than De12 cember 1, 1995, individually submit to the congressional

13 defense committees the modernization priority assessment

14 for their respective Reserve or National Guard component.

15 TITLE IV

16 RESEARCH, DEVELOPMENT, TEST AND

17 EVALUATION

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

19 For expenses necessary for basic and applied scientific

20 research, development, test and evaluation, including main21 tenance, rehabilitation, lease, and operation of facilities

22 and equipment, as authorized by law; $4,639,131,000, to

23 remain available for obligation until September 30, 1997:

24 Provided, That of the funds appropriated in this paragraph

25 for the Other Missile Product Improvement Program pro-
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1 gram element, $10,000,000 is provided only for the full

2 qualification and operational platform certification of Non3 Developmental Item (NDI) composite 2.75 inch rocket mo4 tors and composite propellant pursuant to the initiation

5 of a Product Improvement Program (PIP) for the Hydra6 70 rocket.

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

8 For expenses necessary for basic and applied scientific

9 research, development, test and evaluation, including main10 tenance, rehabilitation, lease, and operation of facilities

11 and equipment, as authorized by law; $8,282,051,000, to

12 remain available for obligation until September 30, 1997:

13 Provided, That of the funds provided in Public Law 103–

14 355, in title IV, under the heading Research, Development,

15 Test and Evaluation, Navy, $5,000,000 shall be made avail16 able as a grant only to the Marine and Environmental Re17 search and Training Station (MERTS) for laboratory and

18 other efforts associated with research, development, and

19 other programs of major importance to the Department of

20 Defense: Provided further, That of the funds appropriated

21 under this heading, $45,458,000 shall be made available for

22 the Intercooled Recuperative Turbine Engine Project.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

2 FORCE

3 For expenses necessary for basic and applied scientific

4 research, development, test and evaluation, including main5 tenance, rehabilitation, lease, and operation of facilities

6 and equipment, as authorized by law; $13,087,389,000, to

7 remain available for obligation until September 30, 1997.

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

9 DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments), nec12 essary for basic and applied scientific research, develop13 ment, test and evaluation; advanced research projects as

14 may be designated and determined by the Secretary of De15 fense, pursuant to law; maintenance, rehabilitation, lease,

16 and operation of facilities and equipment, as authorized by

17 law; $9,196,784,000, to remain available for obligation

18 until September 30, 1997: Provided, That of the funds ap19 propriated in this paragraph, $35,000,000 shall be avail20 able for the Corps Surface-to-Air Missile (Corps SAM) pro21 gram: Provided further, That of the funds appropriated in

22 this paragraph, $3,000,000 shall be available for the Large

23 Millimeter Telescope project: Provided further, That of the

24 funds appropriated in this paragraph, not more than

25 $48,505,000 shall be available for the Strategic Environ-
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1 mental Research Program program element activities and

2 not more than $34,302,000 shall be available for Technical

3 Studies, Support and Analysis program element activities:

4 Provided further, That of the $475,470,000 appropriated in

5 this paragraph for the Other Theater Missile Defense, up

6 to $25,000,000 may be available for the operation of the

7 Battlefield Integration Center: Provided further, That the

8 funds made available under the second proviso under this

9 heading in Public Law 103–335 (108 Stat. 2613) shall also

10 be available to cover the reasonable costs of the administra11 tion of loan guarantees referred to in that proviso and shall

12 be available to cover such costs of administration and the

13 costs of such loan guarantees until September 30, 1998: Pro14 vided further, That of the funds appropriated in this para15 graph for the Ballistic Missile Defense Organization,

16 $10,000,000 shall only be available to continue program ac17 tivities and launch preparation efforts under the Strategic

18 Target System (STARS) program.

19 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

20 For expenses, not otherwise provided for, of independ21 ent activities of the Director, Test and Evaluation in the

22 direction and supervision of developmental test and evalua23 tion, including performance and joint developmental testing

24 and evaluation; and administrative expenses in connection
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1 therewith; $246,082,000, to remain available for obligation

2 until September 30, 1997.

3 OPERATIONAL TEST AND EVALUATION, DEFENSE

4 For expenses, not otherwise provided for, necessary for

5 the independent activities of the Director, Operational Test

6 and Evaluation in the direction and supervision of oper7 ational test and evaluation, including initial operational

8 test and evaluation which is conducted prior to, and in sup9 port of, production decisions; joint operational testing and

10 evaluation; and administrative expenses in connection

11 therewith; $22,587,000, to remain available for obligation

12 until September 30, 1997.

13 TITLE V

14 REVOLVING AND MANAGEMENT FUNDS

15 DEFENSE BUSINESS OPERATIONS FUND

16 For the Defense Business Operations Fund;

17 $1,178,700,000: Provided, That of the funds appropriated

18 under this heading, $300,000,000 shall be available only to

19 support the national defense missions of the Coast Guard,

20 while operating in conjunction with and in support of the

21 Navy: Provided further, That pursuant to the authorities

22 provided under this heading, the Secretary of the Navy shall

23 make available to the Coast Guard ship and aviation fuel,

24 spare parts, munitions, ship stores, commissary goods, ship
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1 and aircraft repair services to ensure the national defense

2 capabilities and preparedness of the Coast Guard.

3 NATIONAL DEFENSE SEALIFT FUND

4 For National Defense Sealift Fund programs, projects,

5 and activities, and for expenses of the National Defense Re6 serve Fleet, as established by section 11 of the Merchant

7 Ship Sales Act of 1946 (50 U.S.C. App. 1774);

8 $1,024,220,000, to remain available until expended: Pro9 vided, That the Secretary of the Navy may obligate not to

10 exceed $110,000,000 from available appropriations to the

11 Navy for the procurement of one additional MPS ship.

12 TITLE VI

13 OTHER DEPARTMENT OF DEFENSE PROGRAMS

14 DEFENSE HEALTH PROGRAM

15 For expenses, not otherwise provided for, for medical

16 and health care programs of the Department of Defense, as

17 authorized by law; $10,196,558,000, of which

18 $9,908,525,000 shall be for Operation and maintenance, of

19 which $288,033,000, to remain available for obligation

20 until September 30, 1998, shall be for Procurement: Pro21 vided, That of the funds appropriated under this heading,

22 $14,500,000 shall be made available for obtaining emer23 gency communications services for members of the Armed

24 Forces and their families from the American National Red

25 Cross as authorized by law.
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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

2 DEFENSE

3 For expenses, not otherwise provided for, necessary for

4 the destruction of the United States stockpile of lethal chem5 ical agents and munitions in accordance with the provi6 sions of section 1412 of the Department of Defense Author7 ization Act, 1986 (50 U.S.C. 1521), and for the destruction

8 of other chemical warfare materials that are not in the

9 chemical weapon stockpile, $631,698,000, of which

10 $353,850,000 shall be for Operation and maintenance,

11 $224,448,000 shall be for Procurement to remain available

12 until September 30, 1998, and $53,400,000 shall be for Re13 search, development, test and evaluation to remain avail14 able until September 30, 1997.

15 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

16 DEFENSE

17 (INCLUDING TRANSFER OF FUNDS)

18 For drug interdiction and counter-drug activities of

19 the Department of Defense, for transfer to appropriations

20 available to the Department of Defense for military person21 nel of the reserve components serving under the provisions

22 of title 10 and title 32, United States Code; for Operation

23 and maintenance; for Procurement; and for Research, devel24 opment, test and evaluation; $680,432,000: Provided, That

25 of the funds provided under this heading, $5,000,000 shall
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1 be available for conversion of surplus helicopters of the De2 partment of Defense for procurement by State and local gov3 ernments for counter-drug activities: Provided further, That

4 the funds appropriated by this paragraph shall be available

5 for obligation for the same time period and for the same

6 purpose as the appropriation to which transferred: Pro7 vided further, That the transfer authority provided in this

8 paragraph is in addition to any transfer authority con9 tained elsewhere in this Act.

10 OFFICE OF THE INSPECTOR GENERAL

11 For expenses and activities of the Office of the Inspec12 tor General in carrying out the provisions of the Inspector

13 General Act of 1978, as amended; $139,226,000, of which

14 $138,226,000 shall be for Operation and maintenance, of

15 which not to exceed $400,000 is available for emergencies

16 and extraordinary expenses to be expended on the approval

17 or authority of the Inspector General, and payments may

18 be made on his certificate of necessity for confidential mili19 tary purposes; and of which $1,000,000, to remain available

20 until September 30, 1998, shall be for Procurement.
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1 TITLE VII

2 RELATED AGENCIES

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Retire6 ment and Disability System Fund, to maintain proper

7 funding level for continuing the operation of the Central

8 Intelligence Agency Retirement and Disability System;

9 $213,900,000.

10 NATIONAL SECURITY EDUCATION TRUST FUND

11 For the purposes of title VIII of Public Law 102–183,

12 $7,500,000, to be derived from the National Security Edu13 cation Trust Fund, to remain available until expended.

14 COMMUNITY MANAGEMENT ACCOUNT

15 For necessary expenses of the Community Management

16 Account; $98,283,000.

17 KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

18 ENVIRONMENTAL RESTORATION TRUST FUND

19 For payment to the Kaho’olawe Island Conveyance,

20 Remediation, and Environmental Restoration Trust Fund,

21 as authorized by law, $25,000,000, to remain available

22 until expended.
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1 TITLE VIII

2 GENERAL PROVISIONS

3 SEC. 8001. No part of any appropriation contained

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress.

6 SEC. 8002. During the current fiscal year, provisions

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States

9 shall not apply to personnel of the Department of Defense:

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of

12 Defense funded by this Act shall not be at a rate in excess

13 of the percentage increase authorized by law for civilian

14 employees of the Department of Defense whose pay is com15 puted under the provisions of section 5332 of title 5, United

16 States Code, or at a rate in excess of the percentage increase

17 provided by the appropriate host nation to its own employ18 ees, whichever is higher: Provided further, That this section

19 shall not apply to Department of Defense foreign service

20 national employees serving at United States diplomatic

21 missions whose pay is set by the Department of State under

22 the Foreign Service Act of 1980: Provided further, That the

23 limitations of this provision shall not apply to foreign na24 tional employees of the Department of Defense in the Re25 public of Turkey.
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1 SEC. 8003. No part of any appropriation contained

2 in this Act shall remain available for obligation beyond the

3 current fiscal year, unless expressly so provided herein.

4 SEC. 8004. No more than 20 per centum of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the last

7 two months of the fiscal year: Provided, That this section

8 shall not apply to obligations for support of active duty

9 training of reserve components or summer camp training

10 of the Reserve Officers’ Training Corps.

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Management

15 and Budget, transfer not to exceed $2,400,000,000 of work16 ing capital funds of the Department of Defense or funds

17 made available in this Act to the Department of Defense

18 for military functions (except military construction) be19 tween such appropriations or funds or any subdivision

20 thereof, to be merged with and to be available for the same

21 purposes, and for the same time period, as the appropria22 tion or fund to which transferred: Provided, That such au23 thority to transfer may not be used unless for higher prior24 ity items, based on unforeseen military requirements, than

25 those for which originally appropriated and in no case

26 where the item for which funds are requested has been de-
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1 nied by Congress: Provided further, That the Secretary of

2 Defense shall notify the Congress promptly of all transfers

3 made pursuant to this authority or any other authority in

4 this Act: Provided further, That no part of the funds in

5 this Act shall be available to prepare or present a request

6 to the Committees on Appropriations for reprogramming

7 of funds, unless for higher priority items, based on unfore8 seen military requirements, than those for which originally

9 appropriated and in no case where the item for which

10 reprogramming is requested has been denied by the Con11 gress.

12 (TRANSFER OF FUNDS)

13 SEC. 8006. During the current fiscal year, cash bal14 ances in working capital funds of the Department of De15 fense established pursuant to section 2208 of title 10, United

16 States Code, may be maintained in only such amounts as

17 are necessary at any time for cash disbursements to be made

18 from such funds: Provided, That transfers may be made be19 tween such funds and the ‘‘Foreign Currency Fluctuations,

20 Defense’’ and ‘‘Operation and Maintenance’’ appropriation

21 accounts in such amounts as may be determined by the Sec22 retary of Defense, with the approval of the Office of Manage23 ment and Budget, except that such transfers may not be

24 made unless the Secretary of Defense has notified the Con25 gress of the proposed transfer. Except in amounts equal to

26 the amounts appropriated to working capital funds in this
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1 Act, no obligations may be made against a working capital

2 fund to procure or increase the value of war reserve mate3 rial inventory, unless the Secretary of Defense has notified

4 the Congress prior to any such obligation.

5 SEC. 8007. Using funds available by this Act or any

6 other Act, the Secretary of the Air Force, pursuant to a

7 determination under section 2690 of title 10, United States

8 Code, may implement cost-effective agreements for required

9 heating facility modernization in the Kaiserslautern Mili10 tary Community in the Federal Republic of Germany: Pro11 vided, That in the City of Kaiserslautern such agreements

12 will include the use of United States anthracite as the base

13 load energy for municipal district heat to the United States

14 Defense installations: Provided further, That at Landstuhl

15 Army Regional Medical Center and Ramstein Air Base,

16 furnished heat may be obtained from private, regional or

17 municipal services, if provisions are included for the con18 sideration of United States coal as an energy source: Pro19 vided further, That none of the funds available to the De20 partment of Defense in this Act shall be used by the Sec21 retary of a military department to purchase coal or coke

22 from foreign nations for use at United States defense facili23 ties in Europe when coal from the United States is avail24 able.
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1 SEC. 8008. Funds appropriated by this Act may not

2 be used to initiate a special access program without prior

3 notification 30 calendar days in session in advance to the

4 Committees on Appropriations, Armed Services, and Na5 tional Security of the Senate and House of Representatives.

6 SEC. 8009. None of the funds contained in this Act

7 available for the Civilian Health and Medical Program of

8 the Uniformed Services shall be available for payments to

9 physicians and other authorized individual health care pro10 viders in excess of the amounts allowed in fiscal year 1994

11 for similar services, except that: (a) for services for which

12 the Secretary of Defense determines an increase is justified

13 by economic circumstances, the allowable amounts may be

14 increased in accordance with appropriate economic index

15 data similar to that used pursuant to title XVIII of the

16 Social Security Act; and (b) for services the Secretary deter17 mines are overpriced based on allowable payments under

18 title XVIII of the Social Security Act, the allowable

19 amounts shall be reduced by not more than 15 percent (ex20 cept that the reduction may be waived if the Secretary de21 termines that it would impair adequate access to health

22 care services for beneficiaries). The Secretary shall solicit

23 public comment prior to promulgating regulations to imple24 ment this section. Such regulations shall include a limita25 tion, similar to that used under title XVIII of the Social
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1 Security Act, on the extent to which a provider may bill

2 a beneficiary an actual charge in excess of the allowable

3 amount.

4 SEC. 8010. None of the funds provided in this Act shall

5 be available to initiate (1) a multiyear contract that em6 ploys economic order quantity procurement in excess of

7 $20,000,000 in any one year of the contract or that includes

8 an unfunded contingent liability in excess of $20,000,000,

9 or (2) a contract for advance procurement leading to a

10 multiyear contract that employs economic order quantity

11 procurement in excess of $20,000,000 in any one year, un12 less the Committees on Appropriations and Armed Services

13 of the Senate and House of Representatives have been noti14 fied at least thirty days in advance of the proposed contract

15 award: Provided, That no part of any appropriation con16 tained in this Act shall be available to initiate a multiyear

17 contract for which the economic order quantity advance

18 procurement is not funded at least to the limits of the Gov19 ernment’s liability: Provided further, That no part of any

20 appropriation contained in this Act shall be available to

21 initiate multiyear procurement contracts for any systems

22 or component thereof if the value of the multiyear contract

23 would exceed $500,000,000 unless specifically provided in

24 this Act: Provided further, That no multiyear procurement

25 contract can be terminated without 10-day prior notifica-
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1 tion to the Committees on Appropriations and Armed Serv2 ices of the House of Representatives and the Senate: Pro3 vided further, That the execution of multiyear authority

4 shall require the use of a present value analysis to deter5 mine lowest cost compared to an annual procurement.

6 Funds appropriated in title III of this Act may be

7 used for multiyear procurement contracts as follows:

8 UH–60 Blackhawk helicopter;

9 Apache Longbow helicopter; and

10 M1A2 tank upgrade.

11 SEC. 8011. Within the funds appropriated for the oper12 ation and maintenance of the Armed Forces, funds are here13 by appropriated pursuant to section 401 of title 10, United

14 States Code, for humanitarian and civic assistance costs

15 under chapter 20 of title 10, United States Code. Such funds

16 may also be obligated for humanitarian and civic assist17 ance costs incidental to authorized operations and pursuant

18 to authority granted in section 401 of chapter 20 of title

19 10, United States Code, and these obligations shall be re20 ported to Congress on September 30 of each year: Provided,

21 That funds available for operation and maintenance shall

22 be available for providing humanitarian and similar assist23 ance by using Civic Action Teams in the Trust Territories

24 of the Pacific Islands and freely associated states of Micro25 nesia, pursuant to the Compact of Free Association as
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1 authorized by Public Law 99–239: Provided further, That

2 upon a determination by the Secretary of the Army that

3 such action is beneficial for graduate medical education

4 programs conducted at Army medical facilities located in

5 Hawaii, the Secretary of the Army may authorize the pro6 vision of medical services at such facilities and transpor7 tation to such facilities, on a nonreimbursable basis, for ci8 vilian patients from American Samoa, the Commonwealth

9 of the Northern Mariana Islands, the Marshall Islands, the

10 Federated States of Micronesia, Palau, and Guam.

11 SEC. 8012. None of the funds provided in this Act shall

12 be available either to return any IOWA Class Battleships

13 to the Naval Register, or to retain the logistical support

14 necessary for support of any IOWA Class Battleships in

15 active service.

16 SEC. 8013. (a) The provisions of section 115(a)(4) of

17 title 10, United States Code, shall not apply with respect

18 to fiscal year 1996 or with respect to the appropriation of

19 funds for that year.

20 (b) During fiscal year 1996, the civilian personnel of

21 the Department of Defense may not be managed on the basis

22 of any end-strength, and the management of such personnel

23 during that fiscal year shall not be subject to any constraint

24 or limitation (known as an end-strength) on the number
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1 of such personnel who may be employed on the last day

2 of such fiscal year.

3 (c) The fiscal year 1997 budget request for the Depart4 ment of Defense as well as all justification material and

5 other documentation supporting the fiscal year 1997 De6 partment of Defense budget request shall be prepared and

7 submitted to the Congress as if subsections (a) and (b) of

8 this provision were effective with regard to fiscal year 1996.

9 SEC. 8014. Notwithstanding any other provision of

10 law, none of the funds made available by this Act shall be

11 used by the Department of Defense to exceed, outside the

12 fifty United States, its territories, and the District of Co13 lumbia, 125,000 civilian workyears: Provided, That

14 workyears shall be applied as defined in the Federal Person15 nel Manual: Provided further, That workyears expended in

16 dependent student hiring programs for disadvantaged

17 youths shall not be included in this workyear limitation.

18 SEC. 8015. None of the funds made available by this

19 Act shall be used in any way, directly or indirectly, to in20 fluence congressional action on any legislation or appro21 priation matters pending before the Congress.

22 SEC. 8016. None of the funds appropriated by this Act,

23 during the current fiscal year and hereafter, shall be obli24 gated for the pay of any individual who is initially em25 ployed after the date of enactment of this Act as a techni-
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1 cian in the administration and training of the Army Re2 serve and the maintenance and repair of supplies issued

3 to the Army Reserve unless such individual is also a mili4 tary member of the Army Reserve troop program unit that

5 he or she is employed to support. Those technicians em6 ployed by the Army Reserve in areas other than Army Re7 serve troop program units need only be members of the Se8 lected Reserve.

9 SEC. 8017. Notwithstanding any other provision of

10 law, during the current fiscal year and hereafter, the Sec11 retaries of the Army and Air Force may authorize the reten12 tion in an active status until age sixty of any person who

13 would otherwise be removed from an active status and who

14 is employed as a National Guard or Reserve technician in

15 a position in which active status in a reserve component

16 of the Army or Air Force is required as a condition of that

17 employment.

18 SEC. 8018. (a) None of the funds appropriated by this

19 Act shall be used to make contributions to the Department

20 of Defense Education Benefits Fund pursuant to section

21 2006(g) of title 10, United States Code, representing the

22 normal cost for future benefits under section 1415(c) of title

23 38, United States Code, for any member of the armed serv24 ices who, on or after the date of enactment of this Act—
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1 (1) enlists in the armed services for a period of

2 active duty of less than three years; or

3 (2) receives an enlistment bonus under section

4 308a or 308f of title 37, United States Code,

5 nor shall any amounts representing the normal cost of such

6 future benefits be transferred from the Fund by the Sec7 retary of the Treasury to the Secretary of Veterans Affairs

8 pursuant to section 2006(d) of title 10, United States Code;

9 nor shall the Secretary of Veterans Affairs pay such benefits

10 to any such member: Provided, That, in the case of a mem11 ber covered by clause (1), these limitations shall not apply

12 to members in combat arms skills or to members who enlist

13 in the armed services on or after July 1, 1989, under a

14 program continued or established by the Secretary of De15 fense in fiscal year 1991 to test the cost-effective use of spe16 cial recruiting incentives involving not more than nineteen

17 noncombat arms skills approved in advance by the Sec18 retary of Defense: Provided further, That this subsection ap19 plies only to active components of the Army.

20 (b) None of the funds appropriated by this Act shall

21 be available for the basic pay and allowances of any mem22 ber of the Army participating as a full-time student and

23 receiving benefits paid by the Secretary of Veterans Affairs

24 from the Department of Defense Education Benefits Fund

25 when time spent as a full-time student is credited toward
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1 completion of a service commitment: Provided, That this

2 subsection shall not apply to those members who have reen3 listed with this option prior to October 1, 1987: Provided

4 further, That this subsection applies only to active compo5 nents of the Army.

6 SEC. 8019. Funds appropriated in this Act shall be

7 available for the payment of not more than 75 percent of

8 the charges of a postsecondary educational institution for

9 the tuition or expenses of an officer in the Ready Reserve

10 of the Army National Guard or Army Reserve for education

11 or training during his off-duty periods, except that no part

12 of the charges may be paid unless the officer agrees to re13 main a member of the Ready Reserve for at least four years

14 after completion of such training or education.

15 SEC. 8020. None of the funds appropriated by this Act

16 shall be available to convert to contractor performance an

17 activity or function of the Department of Defense that, on

18 or after the date of enactment of this Act, is performed by

19 more than ten Department of Defense civilian employees

20 until a most efficient and cost-effective organization analy21 sis is completed on such activity or function and certifi22 cation of the analysis is made to the Committees on Appro23 priations of the House of Representatives and the Senate:

24 Provided, That this section shall not apply to a commercial

25 or industrial type function of the Department of Defense
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1 that: (1) is included on the procurement list established pur2 suant to section 2 of the Act of June 25, 1938 (41 U.S.C.

3 47), popularly referred to as the Javits-Wagner-O’Day Act;

4 (2) is planned to be converted to performance by a qualified

5 nonprofit agency for the blind or by a qualified nonprofit

6 agency for other severely handicapped individuals in ac7 cordance with that Act; or (3) is planned to be converted

8 to performance by a qualified firm under 51 percent Native

9 American ownership.

10 SEC. 8021. Notwithstanding any other provision of

11 law, the Secretary of the Navy may use funds appropriated

12 to charter ships to be used as auxiliary minesweepers pro13 viding that the owner agrees that these ships may be acti14 vated as Navy Reserve ships with Navy Reserve crews used

15 in training exercises conducted in accordance with law and

16 policies governing Naval Reserve forces.

17 SEC. 8022. For the purposes of the Balanced Budget

18 and Emergency Deficit Control Act of 1985 (Public Law

19 99–177) as amended by the Balanced Budget and Emer20 gency Deficit Control Reaffirmation Act of 1987 (Public

21 Law 100–119) and by the Budget Enforcement Act of 1990

22 (Public Law 101–508), the term program, project, and ac23 tivity for appropriations contained in this Act shall be de24 fined as the most specific level of budget items identified

25 in the Department of Defense Appropriations Act, 1996, the
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1 accompanying House and Senate Committee reports, the

2 conference report and accompanying joint explanatory

3 statement of the managers of the Committee of Conference,

4 the related classified annexes and reports, and the P–1 and

5 R–1 budget justification documents as subsequently modi6 fied by Congressional action: Provided, That the following

7 exception to the above definition shall apply:

8 For the Military Personnel and the Operation and

9 Maintenance accounts, the term ‘‘program, project, and ac10 tivity’’ is defined as the appropriations accounts contained

11 in the Department of Defense Appropriations Act: Provided

12 further, That at the time the President submits his budget

13 for fiscal year 1997, the Department of Defense shall trans14 mit to the Committees on Appropriations and the Commit15 tees on Armed Services of the Senate and the House of Rep16 resentatives a budget justification document to be known

17 as the ‘‘O–1’’ which shall identify, at the budget activity,

18 activity group, and subactivity group level, the amounts re19 quested by the President to be appropriated to the Depart20 ment of Defense for operation and maintenance in any

21 budget request, or amended budget request, for fiscal year

22 1997.

23 SEC. 8023. Of the funds made available by this Act

24 in title III, Procurement, $8,000,000, drawn pro rata from

25 each appropriations account in title III, shall be available
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1 for incentive payments authorized by section 504 of the In2 dian Financing Act of 1974, 25 U.S.C. 1544. These pay3 ments shall be available only to contractors which have sub4 mitted subcontracting plans pursuant to 15 U.S.C. 637(d),

5 and according to regulations which shall be promulgated

6 by the Secretary of Defense within 90 days of the passage

7 of this Act.

8 SEC. 8024. During the current fiscal year, none of the

9 funds available to the Department of Defense may be used

10 to procure or acquire (1) defensive handguns unless such

11 handguns are the M9 or M11 9mm Department of Defense

12 standard handguns, or (2) offensive handguns except for the

13 Special Operations Forces: Provided, That the foregoing

14 shall not apply to handguns and ammunition for marks15 manship competitions.

16 (TRANSFER OF FUNDS)

17 SEC. 8025. Notwithstanding any other provision of

18 law, the Department of Defense may transfer prior year,

19 unobligated balances and funds appropriated in this Act

20 to the operation and maintenance appropriations for the

21 purpose of providing military technician and Department

22 of Defense medical personnel pay and medical programs

23 (including CHAMPUS) the same exemption from sequestra24 tion set forth in the Balanced Budget and Emergency Defi25 cit Control Act of 1985 (Public Law 99–177) as amended

26 by the Balanced Budget and Emergency Deficit Control Re-
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1 affirmation Act of 1987 (Public Law 100–119) and by the

2 Budget Enforcement Act of 1990 (Public Law 101–508) as

3 that granted the other military personnel accounts: Pro4 vided, That any transfer made pursuant to any use of the

5 authority provided by this provision shall be limited so that

6 the amounts reprogrammed to the operation and mainte7 nance appropriations do not exceed the amounts sequestered

8 under the Balanced Budget and Emergency Deficit Control

9 Act of 1985 (Public Law 99–177) as amended by the Bal10 anced Budget and Emergency Deficit Control Reaffirma11 tion Act of 1987 (Public Law 100–119) and by the Budget

12 Enforcement Act of 1990 (Public Law 101–508): Provided

13 further, That the authority to make transfers pursuant to

14 this section is in addition to the authority to make transfers

15 under other provisions of this Act: Provided further, That

16 the Secretary of Defense may proceed with such transfer

17 after notifying the Appropriations Committees of the House

18 of Representatives and the Senate twenty calendar days in

19 session before any such transfer of funds under this provi20 sion.

21 SEC. 8026. None of the funds available to the Depart22 ment of the Navy may be used to enter into any contract

23 for the overhaul, repair, or maintenance of any naval vessel

24 homeported on the West Coast of the United States which
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1 includes charges for interport differential as an evaluation

2 factor for award.

3 SEC. 8027. None of the funds appropriated by this Act

4 available for the Civilian Health and Medical Program of

5 the Uniformed Services (CHAMPUS) shall be available for

6 the reimbursement of any health care provider for inpatient

7 mental health service for care received when a patient is

8 referred to a provider of inpatient mental health care or

9 residential treatment care by a medical or health care pro10 fessional having an economic interest in the facility to

11 which the patient is referred: Provided, That this limitation

12 does not apply in the case of inpatient mental health serv13 ices provided under the program for the handicapped under

14 subsection (d) of section 1079 of title 10, United States

15 Code, provided as partial hospital care, or provided pursu16 ant to a waiver authorized by the Secretary of Defense be17 cause of medical or psychological circumstances of the pa18 tient that are confirmed by a health professional who is not

19 a Federal employee after a review, pursuant to rules pre20 scribed by the Secretary, which takes into account the ap21 propriate level of care for the patient, the intensity of serv22 ices required by the patient, and the availability of that

23 care.

24 SEC. 8028. Funds available in this Act may be used

25 to provide transportation for the next-of-kin of individuals
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1 who have been prisoners of war or missing in action from

2 the Vietnam era to an annual meeting in the United States,

3 under such regulations as the Secretary of Defense may pre4 scribe.

5 SEC. 8029. Notwithstanding any other provision of

6 law, funds available to the Department of Defense shall be

7 made available to provide transportation of medical sup8 plies and equipment, on a nonreimbursable basis, to Amer9 ican Samoa: Provided, That notwithstanding any other

10 provision of law, funds available to the Department of De11 fense shall be made available to provide transportation of

12 medical supplies and equipment, on a nonreimbursable

13 basis, to the Indian Health Service when it is in conjunc14 tion with a civil-military project.

15 SEC. 8030. Notwithstanding any other provision of

16 law, during the current fiscal year, the Secretary of Defense

17 may, by Executive Agreement, establish with host nation

18 governments in NATO member states a separate account

19 into which such residual value amounts negotiated in the

20 return of United States military installations in NATO

21 member states may be deposited, in the currency of the host

22 nation, in lieu of direct monetary transfers to the United

23 States Treasury: Provided, That such credits may be uti24 lized only for the construction of facilities to support United

25 States military forces in that host nation, or such real prop-
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1 erty maintenance and base operating costs that are cur2 rently executed through monetary transfers to such host na3 tions: Provided further, That the Department of Defense’s

4 budget submission for fiscal year 1997 shall identify such

5 sums anticipated in residual value settlements, and identify

6 such construction, real property maintenance or base oper7 ating costs that shall be funded by the host nation through

8 such credits: Provided further, That all military construc9 tion projects to be executed from such accounts must be pre10 viously approved in a prior Act of Congress: Provided fur11 ther, That each such Executive Agreement with a NATO

12 member host nation shall be reported to the Committees on

13 Appropriations and Armed Services of the House of Rep14 resentatives and the Senate thirty days prior to the conclu15 sion and endorsement of any such agreement established

16 under this provision.

17 SEC. 8031. None of the funds available to the Depart18 ment of Defense in this Act shall be used to demilitarize

19 or dispose of more than 310,784 unserviceable M–1 Garand

20 rifles and M–1 Carbines.

21 SEC. 8032. Notwithstanding any other provision of

22 law, none of the funds appropriated by this Act shall be

23 available to pay more than 50 percent of an amount paid

24 to any person under section 308 of title 37, United States

25 Code, in a lump sum.
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1 SEC. 8033. None of the funds appropriated during the

2 current fiscal year and hereafter, may be used by the De3 partment of Defense to assign a supervisor’s title or grade

4 when the number of people he or she supervises is considered

5 as a basis for this determination: Provided, That savings

6 that result from this provision are represented as such in

7 future budget proposals.

8 SEC. 8034. Notwithstanding any other provision of

9 law, each contract awarded by the Department of Defense

10 in fiscal year 1996 for construction or service performed

11 in whole or in part in a State which is not contiguous with

12 another State and has an unemployment rate in excess of

13 the national average rate of unemployment as determined

14 by the Secretary of Labor shall include a provision requir15 ing the contractor to employ, for the purpose of performing

16 that portion of the contract in such State that is not contig17 uous with another State, individuals who are residents of

18 such State and who, in the case of any craft or trade, pos19 sess or would be able to acquire promptly the necessary

20 skills: Provided, That the Secretary of Defense may waive

21 the requirements of this section in the interest of national

22 security.

23 SEC. 8035. During the current fiscal year, funds ap24 propriated or otherwise available for any Federal agency,

25 the Congress, the judicial branch, or the District of Colum-
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1 bia may be used for the pay, allowances, and benefits of

2 an employee as defined by section 2105 of title 5 or an indi3 vidual employed by the government of the District of Co4 lumbia, permanent or temporary indefinite, who—

5 (1) is a member of a Reserve component of the

6 Armed Forces, as described in section 261 of title 10,

7 or the National Guard, as described in section 101 of

8 title 32;

9 (2) performs, for the purpose of providing mili10 tary aid to enforce the law or providing assistance to

11 civil authorities in the protection or saving of life or

12 property or prevention of injury—

13 (A) Federal service under section 331, 332,

14 333, 3500, or 8500 of title 10, or other provision

15 of law, as applicable, or

16 (B) full-time military service for his State,

17 the District of Columbia, the Commonwealth of

18 Puerto Rico, or a territory of the United States;

19 and

20 (3) requests and is granted—

21 (A) leave under the authority of this section;

22 or

23 (B) annual leave, which may be granted

24 without regard to the provisions of sections 5519
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1 and 6323(b) of title 5, if such employee is other2 wise entitled to such annual leave:

3 Provided, That any employee who requests leave under sub4 section (3)(A) for service described in subsection (2) of this

5 section is entitled to such leave, subject to the provisions

6 of this section and of the last sentence of section 6323(b)

7 of title 5, and such leave shall be considered leave under

8 section 6323(b) of title 5.

9 SEC. 8036. None of the funds appropriated by this Act

10 shall be available to perform any cost study pursuant to

11 the provisions of OMB Circular A–76 if the study being

12 performed exceeds a period of twenty-four months after ini13 tiation of such study with respect to a single function activ14 ity or forty-eight months after initiation of such study for

15 a multi-function activity.

16 SEC. 8037. Funds appropriated by this Act for the

17 American Forces Information Service shall not be used for

18 any national or international political or psychological ac19 tivities.

20 SEC. 8038. Notwithstanding any other provision of

21 law or regulation, the Secretary of Defense may adjust wage

22 rates for civilian employees hired for certain health care

23 occupations as authorized for the Secretary of Veterans Af24 fairs by section 7455 of title 38, United States Code.
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1 SEC. 8039. Of the funds made available in this Act,

2 not less than $24,197,000 shall be available for the Civil

3 Air Patrol, of which $14,259,000 shall be available for Op4 eration and Maintenance.

5 SEC. 8040. None of the funds appropriated or made

6 available in this Act shall be used to reduce or disestablish

7 the operation of the 53rd Weather Reconnaissance Squad8 ron of the Air Force Reserve, if such action would reduce

9 the WC–130 Weather Reconnaissance mission below the lev10 els funded in this Act.

11 SEC. 8041. (a) Of the funds for the procurement of sup12 plies or services appropriated by this Act, qualified non13 profit agencies for the blind or other severely handicapped

14 shall be afforded the maximum practicable opportunity to

15 participate as subcontractors and suppliers in the perform16 ance of contracts let by the Department of Defense.

17 (b) During the current fiscal year, a business concern

18 which has negotiated with a military service or defense

19 agency a subcontracting plan for the participation by small

20 business concerns pursuant to section 8(d) of the Small

21 Business Act (15 U.S.C. 637(d)) shall be given credit to22 ward meeting that subcontracting goal for any purchases

23 made from qualified nonprofit agencies for the blind or

24 other severely handicapped.
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1 (c) For the purpose of this section, the phrase ‘‘quali2 fied nonprofit agency for the blind or other severely handi3 capped’’ means a nonprofit agency for the blind or other

4 severely handicapped that has been approved by the Com5 mittee for the Purchase from the Blind and Other Severely

6 Handicapped under the Javits-Wagner-O’Day Act (41

7 U.S.C. 46–48).

8 SEC. 8042. During the current fiscal year, net receipts

9 pursuant to collections from third party payers pursuant

10 to section 1095 of title 10, United States Code, shall be

11 made available to the local facility of the uniformed services

12 responsible for the collections and shall be over and above

13 the facility’s direct budget amount.

14 SEC. 8043. Notwithstanding any other provision of

15 law, of the funds appropriated for the Defense Health Pro16 gram during this fiscal year and hereafter, the amount pay17 able for services provided under this section shall not be

18 less than the amount calculated under the coordination of

19 benefits reimbursement formula utilized when CHAMPUS

20 is a secondary payor to medical insurance programs other

21 than Medicare, and such appropriations as necessary shall

22 be available (notwithstanding the last sentence of section

23 1086(c) of title 10, United States Code) to continue Civilian

24 Health and Medical Program of the Uniformed Services

25 (CHAMPUS) benefits, until age 65, under such section for
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1 a former member of a uniformed service who is entitled to

2 retired or retainer pay or equivalent pay, or a dependent

3 of such a member, or any other beneficiary described by

4 section 1086(c) of title 10, United States Code, who becomes

5 eligible for hospital insurance benefits under part A of title

6 XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)

7 solely on the grounds of physical disability, or end stage

8 renal disease: Provided, That expenses under this section

9 shall only be covered to the extent that such expenses are

10 not covered under parts A and B of title XVIII of the Social

11 Security Act and are otherwise covered under CHAMPUS:

12 Provided further, That no reimbursement shall be made for

13 services provided prior to October 1, 1991.

14 SEC. 8044. During the current fiscal year, the Depart15 ment of Defense is authorized to incur obligations of not

16 to exceed $250,000,000 for purposes specified in section

17 2350j(c) of title 10, United States Code, in anticipation of

18 receipt of contributions, only from the Government of Ku19 wait, under that section: Provided, That, upon receipt, such

20 contributions from the Government of Kuwait shall be cred21 ited to the appropriation or fund which incurred such obli22 gations.

23 SEC. 8045. None of the unobligated balances available

24 in the National Defense Stockpile Transaction Fund during

25 the current fiscal year may be obligated or expended to fi-
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1 nance any grant or contract to conduct research, develop2 ment, test and evaluation activities for the development or

3 production of advanced materials, unless amounts for such

4 purposes are specifically appropriated in a subsequent ap5 propriations Act.

6 SEC. 8046. For the purposes of this Act, the term ‘‘con7 gressional defense committees’’ means the National Security

8 Committee of the House of Representatives, the Armed Serv9 ices Committee of the Senate, the subcommittee on Defense

10 of the Committee on Appropriations of the Senate, and the

11 Subcommittee on National Security of the Committee on

12 Appropriations of the House of Representatives.

13 SEC. 8047. Notwithstanding any other provision of

14 law, during the current fiscal year, the Department of De15 fense may acquire the modification, depot maintenance and

16 repair of aircraft, vehicles and vessels as well as the produc17 tion of components and other Defense-related articles,

18 through competition between Department of Defense depot

19 maintenance activities and private firms: Provided, That

20 the Senior Acquisition Executive of the military depart21 ment or defense agency concerned, with power of delegation,

22 shall certify that successful bids include comparable esti23 mates of all direct and indirect costs for both public and

24 private bids: Provided further, That Office of Management
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1 and Budget Circular A–76 shall not apply to competitions

2 conducted under this section.

3 SEC. 8048. None of the funds appropriated by this Act

4 shall be used for the support of any nonappropriated funds

5 activity of the Department of Defense that procures malt

6 beverages and wine with nonappropriated funds for resale

7 (including such alcoholic beverages sold by the drink) on

8 a military installation located in the United States unless

9 such malt beverages and wine are procured within that

10 State, or in the case of the District of Columbia, within

11 the District of Columbia, in which the military installation

12 is located: Provided, That in a case in which the military

13 installation is located in more than one State, purchases

14 may be made in any State in which the installation is lo15 cated: Provided further, That such local procurement re16 quirements for malt beverages and wine shall apply to all

17 alcoholic beverages only for military installations in States

18 which are not contiguous with another State: Provided fur19 ther, That alcoholic beverages other than wine and malt bev20 erages, in contiguous States and the District of Columbia

21 shall be procured from the most competitive source, price

22 and other factors considered.

23 SEC. 8049. Appropriations contained in this Act that

24 remain available at the end of the current fiscal year as

25 a result of energy cost savings realized by the Department
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1 of Defense shall remain available for obligation for the next

2 fiscal year to the extent, and for the purposes, provided in

3 section 2865 of title 10, United States Code.

4 SEC. 8050. During the current fiscal year, voluntary

5 separation incentives payable under 10 U.S.C. 1175 may

6 be paid in such amounts as are necessary from the assets

7 of the Voluntary Separation Incentive Fund established by

8 section 1175(h)(1).

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8051. Amounts deposited during the current fis11 cal year and hereafter to the special account established

12 under 40 U.S.C. 485(h)(2) and to the special account estab13 lished under 10 U.S.C. 2667(d)(1) are appropriated and

14 shall be available until transferred by the Secretary of De15 fense to current applicable appropriations or funds of the

16 Department of Defense under the terms and conditions spec17 ified by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

18 2667(d)(1)(B), to be merged with and to be available for

19 the same time period and the same purposes as the appro20 priation to which transferred.

21 SEC. 8052. None of the funds in this or any other Act

22 shall be available for the preparation of studies on—

23 (a) the feasibility of removal and transportation

24 of unitary chemical weapons from the eight chemical

25 storage sites within the continental United States to

26 Johnston Atoll: Provided, That this prohibition shall
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1 not apply to General Accounting Office studies re2 quested by a Member of Congress or a Congressional

3 Committee; and

4 (b) the potential future uses of the nine chemical

5 disposal facilities other than for the destruction of

6 stockpile chemical munitions and as limited by sec7 tion 1412(c)(2), Public Law 99–145: Provided, That

8 this prohibition does not apply to future use studies

9 for the CAMDS facility at Tooele, Utah.

10 SEC. 8053. During the current fiscal year, appropria11 tions available to the Department of Defense may be used

12 to reimburse a member of a reserve component of the Armed

13 Forces who is not otherwise entitled to travel and transpor14 tation allowances and who occupies transient government

15 housing while performing active duty for training or inac16 tive duty training: Provided, That such members may be

17 provided lodging in kind if transient government quarters

18 are unavailable as if the member was entitled to such allow19 ances under subsection (a) of section 404 of title 37, United

20 States Code: Provided further, That if lodging in kind is

21 provided, any authorized service charge or cost of such lodg22 ing may be paid directly from funds appropriated for oper23 ation and maintenance of the reserve component of the

24 member concerned.
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1 SEC. 8054. For fiscal year 1996, the total amount ap2 propriated to fund the Uniformed Services Treatment Fa3 cilities program, operated pursuant to section 911 of Public

4 Law 97–99 (42 U.S.C. 248c), is limited to $329,000,000,

5 of which not more than $300,000,000 may be provided by

6 the funds appropriated by this Act.

7 SEC. 8055. Notwithstanding any other provision of

8 law, the Naval shipyards of the United States shall be eligi9 ble to participate in any manufacturing extension program

10 financed by funds appropriated in this or any other Act.

11 SEC. 8056. During the current fiscal year, amounts

12 contained in the Department of Defense Overseas Military

13 Facility Investment Recovery Account established by section

14 2921(c)(1) of the National Defense Authorization Act of

15 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be

16 available until expended for the payments specified by sec17 tion 2921(c)(2) of that Act.

18 SEC. 8057. During the current fiscal year, annual

19 payments granted under the provisions of section 4416 of

20 the National Defense Authorization Act for Fiscal Year

21 1993 (Public Law 102–428; 106 Stat. 2714) shall be made

22 from appropriations in this Act which are available for the

23 pay of reserve component personnel.

24 SEC. 8058. During the current fiscal year, appropria25 tions available for the pay and allowances of active duty
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1 members of the Armed Forces shall be available to pay the

2 retired pay which is payable pursuant to section 4403 of

3 Public Law 102–484 (10 U.S.C. 1293 note) under the terms

4 and conditions provided in section 4403.

5 SEC. 8059. None of the funds provided in this Act shall

6 be available for use by a Military Department to modify

7 an aircraft, weapon, ship or other item of equipment, that

8 the Military Department concerned plans to retire or other9 wise dispose of within five years after completion of the

10 modification: Provided, That this prohibition shall not

11 apply to safety modifications: Provided further, That this

12 prohibition may be waived by the Secretary of a Military

13 Department if the Secretary determines it is in the best na14 tional security interest of the United States to provide such

15 waiver and so notifies the congressional defense committees

16 in writing.

17 SEC. 8060. None of the funds appropriated by this Act

18 for programs of the Central Intelligence Agency shall re19 main available for obligation beyond the current fiscal year,

20 except for funds appropriated for the Reserve for Contin21 gencies, which shall remain available until September 30,

22 1997.

23 SEC. 8061. Notwithstanding any other provision of

24 law, funds made available in this Act for the Defense Intel25 ligence Agency may be used for the design, development, and
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1 deployment of General Defense Intelligence Program intel2 ligence communications and intelligence information sys3 tems for the Services, the Unified and Specified Commands,

4 and the component commands.

5 SEC. 8062. (a) None of the funds appropriated or oth6 erwise made available in this Act may be used to transport

7 or provide for the transportation of chemical munitions to

8 the Johnston Atoll for the purpose of storing or demilitariz9 ing such munitions.

10 (b) The prohibition in subsection (a) shall not apply

11 to any obsolete World War II chemical munition of the

12 United States found in the World War II Pacific Theater

13 of Operations.

14 (c) The President may suspend the application of sub15 section (a) during a period of war in which the United

16 States is a party.

17 SEC. 8063. Amounts collected for the use of the facili18 ties of the National Science Center for Communications and

19 Electronics during the current fiscal year pursuant to sec20 tion 1459(g) of the Department of Defense Authorization

21 Act, 1986 and deposited to the special account established

22 under subsection 1459(g)(2) of that Act are appropriated

23 and shall be available until expended for the operation and

24 maintenance of the Center as provided for in subsection

25 1459(g)(2).
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1 SEC. 8064. None of the funds appropriated in this Act

2 may be expended by an entity of the Department of Defense

3 unless the entity, in expending the funds, complies with the

4 Buy American Act. For purposes of this subsection, the term

5 ‘‘Buy American Act’’ means title III of the Act entitled ‘‘An

6 Act making appropriations for the Treasury and Post Of7 fice Departments for the fiscal year ending June 30, 1934,

8 and for other purposes’’, approved March 3, 1933 (41

9 U.S.C. 10a et seq.).

10 SEC. 8065. Of the funds appropriated to the Depart11 ment of Defense under the heading ‘‘Operation and Mainte12 nance, Defense-Wide’’, not less than $8,000,000 shall be

13 made available only for the mitigation of environmental

14 impacts, including training and technical assistance to

15 tribes, related administrative support, the gathering of in16 formation, documenting of environmental damage, and de17 veloping a system for prioritization of mitigation, on In18 dian lands resulting from Department of Defense activities.

19 SEC. 8066. None of the funds appropriated by this Act

20 shall be available for a contract for studies, analyses, or

21 consulting services entered into without competition on the

22 basis of an unsolicited proposal unless the head of the activ23 ity responsible for the procurement determines—
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1 (1) as a result of thorough technical evaluation,

2 only one source is found fully qualified to perform the

3 proposed work,

4 (2) the purpose of the contract is to explore an

5 unsolicited proposal which offers significant scientific

6 or technological promise, represents the product of

7 original thinking, and was submitted in confidence

8 by one source, or

9 (3) the purpose of the contract is to take advan10 tage of unique and significant industrial accomplish11 ment by a specific concern, or to insure that a new

12 product or idea of a specific concern is given finan13 cial support:

14 Provided, That this limitation shall not apply to contracts

15 in an amount of less than $25,000, contracts related to im16 provements of equipment that is in development or produc17 tion, or contracts as to which a civilian official of the De18 partment of Defense, who has been confirmed by the Senate,

19 determines that the award of such contract is in the interest

20 of the national defense.

21 SEC. 8067. To the extent authorized in law, the Sec22 retary of Defense shall issue loan guarantees in support of

23 U.S. defense exports not otherwise provided for: Provided,

24 That the total contingent liability of the United States for

25 guarantees issues under the authority of this section may
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1 not exceed $15,000,000,000: Provided further, That the ex2 posure fees charged and collected by the Secretary for each

3 guarantee, shall be paid by the country involved and shall

4 not be financed as part of a loan guaranteed by the United

5 States: Provided further, That the Secretary shall provide

6 quarterly reports to the Committees on Appropriations,

7 Armed Services and Foreign Relations of the Senate and

8 the Committees of Appropriations, National Security and

9 International Relations in the House of Representatives on

10 the implementation of this program.

11 SEC. 8068. Funds appropriated by this Act for intel12 ligence activities are deemed to be specifically authorized

13 by the Congress for purposes of section 504 of the National

14 Security Act of 1947 (50 U.S.C. 414) during fiscal year

15 1996 until the enactment of the Intelligence Authorization

16 Act for fiscal year 1996.

17 SEC. 8069. None of the funds provided in this Act may

18 be obligated or expended for the sale of zinc in the National

19 Defense Stockpile if zinc commodity prices decline more

20 than five percent below the London Metals Exchange market

21 price reported on the date of enactment of this Act.

22 SEC. 8070. During the current fiscal year, funds ap23 propriated in this Act are available to compensate members

24 of the National Guard for duty performed pursuant to a

25 plan submitted by a Governor of a State and approved by
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1 the Secretary of Defense under section 112 of title 32, Unit2 ed States Code: Provided, That during the performance of

3 such duty, the members of the National Guard shall be

4 under State command and control: Provided further, That

5 such duty shall be treated as full-time National Guard duty

6 for purposes of sections 3686(2) and 8686(2) of title 10,

7 United States Code.

8 SEC. 8071. Funds appropriated in this Act for oper9 ation and maintenance of the Military Departments, Uni10 fied and Specified Commands and Defense Agencies shall

11 be available for reimbursement of pay, allowances, and

12 other expenses which would otherwise be incurred against

13 appropriations of the National Guard and Reserve when

14 members of the National Guard and Reserve provide intel15 ligence support to Unified Commands, Defense Agencies

16 and Joint Intelligence Activities, including the activities

17 and programs included within the General Defense Intel18 ligence Program and the Consolidated Cryptologic Pro19 gram: Provided, That nothing in this section authorizes de20 viation from established Reserve and National Guard per21 sonnel and training procedures.

22 SEC. 8072. All refunds or other amounts collected in

23 the administration of the Civilian Health and Medical Pro24 gram of the Uniformed Services (CHAMPUS) shall be cred25 ited to current year appropriations.
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1 (RESCISSION)

2 SEC. 8073. Of the funds provided in Department of

3 Defense Appropriations Acts, the following funds are hereby

4 rescinded from the following accounts in the specified

5 amounts:

6 ‘‘Procurement of Ammunition, Army, 1993/

7 1995’’, $15,000,000;

8 ‘‘Aircraft Procurement, Air Force, 1994/1996’’,

9 $53,654,000;

10 ‘‘Aircraft Procurement, Air Force, 1995/1997’’,

11 $53,100,000;

12 ‘‘Shipbuilding and Conversion, Navy, 1991/

13 1995’’, $13,570,000;

14 ‘‘Other Procurement, Navy, 1995/1997’’,

15 $8,600,000;

16 ‘‘Research, Development, Test and Evaluation,

17 Army, 1994/1995’’, $242,000;

18 ‘‘Research, Development, Test and Evaluation,

19 Army, 1995/1996’’, $11,156,000;

20 ‘‘Research, Development, Test and Evaluation,

21 Navy, 1994/1995’’, $4,416,000;

22 ‘‘Research, Development, Test and Evaluation,

23 Navy, 1995/1996’’, $10,150,000;

24 ‘‘Research, Development, Test and Evaluation,

25 Air Force, 1994/1995’’, $46,589,000; and
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1 ‘‘Research, Development, Test and Evaluation,

2 Air Force, 1995/1996’’, $15,767,000.

3 SEC. 8074. None of the funds in this or any other Act

4 may be used to implement the plan to reorganize the re5 gional headquarters and basic camps structure of the Re6 serve Officer Training Corps program of the Army until

7 the Comptroller General of the United States has certified

8 to the congressional defense committees that the methodology

9 and evaluation of the potential sites were consistent with

10 the established criteria for the consolidation, that all data

11 used by the Army in the evaluation was accurate and com12 plete, and that the conclusions reached are based upon the

13 total costs of the Army’s final plan to establish the Eastern

14 Reserve Officer Training Corps Headquarters at Fort

15 Benning, Georgia: Provided, That all cost, including Mili16 tary Construction, shall be considered as well as an analysis

17 of the impact of the consolidation on the surrounding com18 munities for all affected installations.

19 SEC. 8075. During the current fiscal year, the mini20 mum number of personnel employed as military reserve

21 technicians (as defined in section 8401(30) of title 5, United

22 States Code) for reserve components as of the last day of

23 the fiscal year shall be as follows:

24 For the Army National Guard, 25,750;

25 For the Army Reserve, 7,000;
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1 For the Air National Guard, 23,250; and

2 For the Air Force Reserve, 10,000:

3 Provided, That in addition to funds provided elsewhere in

4 this Act, the following amounts are appropriated to the fol5 lowing accounts only for the pay of military reserve techni6 cians (as defined in section 8401(30) of title 5, United

7 States Code):

8 Operation and Maintenance, Army Reserve,

9 $24,822,000;

10 Operation and Maintenance, Air Force Reserve,

11 $12,800,000;

12 Operation and Maintenance, Army National

13 Guard, $27,628,000; and

14 Operation and Maintenance, Air National

15 Guard, $30,800,000.

16 SEC. 8076. None of the funds appropriated or other17 wise made available in this Act may be obligated or ex18 pended for assistance to or programs in the Democratic

19 People’s Republic of North Korea unless specifically appro20 priated for that purpose: Provided, That the Secretary of

21 Defense and the Secretaries of the military services must

22 notify the congressional defense committees within 24 hours

23 of any obligation, transfer, or expenditure of funds in excess

24 of $500,000 pursuant to authorities granted for emergency
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1 and extraordinary requirements provided in title II of this

2 Act.

3 SEC. 8077. (a) None of the funds appropriated in this

4 Act are available to establish a new FFRDC, either as a

5 new entity, or as a separate entity administered by an or6 ganization managing another FFRDC, or as a nonprofit

7 membership corporation consisting of a consortium of other

8 FFRDCs and other nonprofit entities.

9 (b) LIMITATION ON COMPENSATION.—No member of a

10 Board of Directors, Trustees, Overseers, Advisory Group,

11 Special Issues Panel, Visiting Committee, or any similar

12 entity of a defense FFRDC, and no paid consultant to any

13 defense FFRDC, may be compensated for his or her services

14 as a member of such entity, or as a paid consultant, except

15 under the same conditions, and to the same extent, as mem16 bers of the Defense Science Board: Provided, That a member

17 of any such entity referred to previously in this subsection

18 shall be allowed travel expenses and per diem as authorized

19 under the Federal Joint Travel Regulations, when engaged

20 in the performance of membership duties.

21 (c) Notwithstanding any other provision of law, none

22 of the funds available to the Department of Defense from

23 any source during fiscal year 1996 may be used by a defense

24 FFRDC, through a fee or other payment mechanism, for

25 charitable contributions, for construction of new buildings,
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1 for payment of cost sharing for projects funded by govern2 ment grants, or for absorption of contract overruns.

3 (d) Notwithstanding any other provision of law, of the

4 amounts available to the Department of Defense during fis5 cal year 1996, not more than $1,162,650,000 may be obli6 gated for financing activities of defense FFRDCs: Provided,

7 That the total amounts appropriated in titles II, III, and

8 IV of this Act are hereby reduced by $90,000,000 to reflect

9 the funding ceiling contained in this subsection.

10 SEC. 8078. During the current fiscal year, none of the

11 funds appropriated in this Act may be used to reduce the

12 civilian medical and medical support personnel assigned to

13 military treatment facilities below the September 30, 1995

14 level.

15 (TRANSFER OF FUNDS)

16 SEC. 8079. Upon enactment of this Act, the Secretary

17 of Defense shall make the following transfers of funds: Pro18 vided, That the amounts transferred shall be available for

19 the same purposes as the appropriations to which trans20 ferred, and for the same time period as the appropriation

21 from which transferred: Provided further, That the amounts

22 shall be transferred between the following appropriations in

23 the amount specified:

24 From:

25 Under the heading, ‘‘Shipbuilding and Conver26 sion, Navy, 1986/1990’’:
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1 SSN–688 attack submarine program,

2 $5,051,000;

3 CG–47 cruiser program, $2,500,000;

4 BB battleship reactivation, $4,000,000;

5 T–AGOS SURTASS ship program,

6 $2,135,000;

7 LCAC landing craft air cushion program,

8 $4,800,000;

9 For craft, outfitting, post delivery, and cost

10 growth, $8,660,000;

11 Weapons Procurement, Navy, 1994/1996,

12 $30,900,000;

13 Other Procurement, Navy, 1994/1996,

14 $9,200,000;

15 Aircraft procurement, Navy, 1994/1996,

16 $2,056,000;

17 To:

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1986/1990’’:

20 MSH coastal mine hunter program,

21 $69,302,000;

22 From:

23 Under the heading, ‘‘Shipbuilding and Conver24 sion, Navy, 1988/1992’’:
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1 SSN–688 attack submarine program,

2 $1,500,000;

3 To:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1988/1992’’:

6 T–ACS auxilary crane ship program,

7 $1,500,000;

8 From:

9 Under the heading, ‘‘Shipbuilding and Conver10 sion, Navy, 1989/1993’’:

11 SSN–688 attack submarine program,

12 $23,535,000;

13 DDG–51 destroyer program, $33,700,000;

14 T–AO fleet oiler program, $38,969,000;

15 To:

16 Under the heading, ‘‘Shipbuilding and Conver17 sion, Navy, 1989/1993’’:

18 SSN–21 attack submarine program,

19 $65,886,000;

20 MHC coastal mine hunter program,

21 $30,318,000;

22 From:

23 Under the heading, ‘‘Shipbuilding and Conver24 sion, Navy, 1990/1994’’:
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1 SSN–688 attack submarine program,

2 $1,907,000;

3 DDG–51 destroyer program, $22,669,000;

4 For craft, outfitting and post delivery,

5 $3,900,000;

6 Aircraft Procurement, Navy, 1994/1996,

7 $17,944,000;

8 Procurement of Ammunition, Navy and

9 Marine Corps, 1995/1997, $5,116,000;

10 To:

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1990/1994’’:

13 MHC coastal mine hunter, $9,536,000;

14 T–AGOS surveillance ship program,

15 $42,000,000;

16 From:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1991/1995’’:

19 SSN–21 attack submarine program,

20 $18,330,000;

21 To:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1991/1995’’:

24 LHD–1 amphibious assault ship program,

25 $6,178,000;
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1 MHC coastal mine hunter program,

2 $12,152,000;

3 From:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1992/1996’’:

6 DDG–51 destroyer program, $5,315,000;

7 For craft, outfitting, post delivery, and

8 DBOF transfer, $9,675,000;

9 For escalation, $3,347,000;

10 Weapons Procurement, Navy, 1995/1997,

11 $7,500,000;

12 Procurement, Marine Corps, 1995/1997,

13 $378,000;

14 Other Procurement, Navy, 1995/1997,

15 $355,000;

16 Aircraft Procurement, Navy, 1995/1997,

17 $3,600,000;

18 Research, Development, Test and Evalua19 tion, Navy, 1995/1996, $5,600,000;

20 To:

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 1992/1996’’:

23 MHC coastal mine hunter program,

24 $35,770,000;

25 From:
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1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 1993/1997’’:

3 LSD–41 cargo variant ship program,

4 $1,600,000;

5 For craft, outfitting, post delivery, and first

6 destination transportation, and inflation adjust7 ments, $5,627,000;

8 Procurement of Ammunition, Navy and

9 Marine Corps, 1995/1997, $1,784,000;

10 Other Procurement, Navy, 1995/1997,

11 $645,000.

12 To:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1993/1997’’:

15 DDG–51 destroyer program, $7,356,000;

16 AOE combat support ship program,

17 $2,300,000;

18 From:

19 Under the heading, ‘‘Shipbuilding and Conver20 sion, Navy, 1994/1998’’:

21 MCS(C) program, $5,300,000;

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1995/1999’’:

24 Nuclear submarine main steam condensor

25 industrial base, $900,000;
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1 To:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1994/1998’’:

4 LHD program, $6,200,000.

5 SEC. 8080. The Department shall include, in the oper6 ation of TRICARE Regions 7/8, a region-wide wraparound

7 care package that requires providers of residential treat8 ment services to share financial risk through case rate reim9 bursement, to include planning and individualized wrap10 around services to prevent recidivism.

11 SEC. 8081. None of the funds available to the Depart12 ment of Defense shall be available to make progress pay13 ments based on costs to large business concerns at rates

14 lower than 85 percent on contract solicitations issued after

15 enactment of this Act.

16 SEC. 8082. Notwithstanding any other provision of

17 law, the Department of Defense shall execute payment in

18 not more than 24 days after receipt of a proper invoice.

19 SEC. 8083. Funds provided in title II of this Act for

20 real Property Maintenance may be obligated and expended

21 for the renovation, refurbishment and modernization of

22 bachelor enlisted living quarters up to a level of $1,000,000

23 per facility project.

24 SEC. 8084. None of the funds appropriated by this Act

25 may be used to carry out the ship depot maintenance solici-
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1 tation policy issued by the Secretary of the Navy in a

2 memorandum dated 16 June 1995.

3 SEC. 8085. None of the funds appropriated by this Act

4 may be used for the procurement of ball and roller bearings

5 other than those produced by a domestic source and of do6 mestic origin.

7 SEC. 8086. None of the funds appropriated or other8 wise made available under this Act may be used for the

9 destruction of pentaborane currently stored at Edwards Air

10 Force Base, California, until the Secretary of Energy cer11 tifies to the congressional defense committees that the Sec12 retary does not intend to use the pentaborane or the by13 products of such destruction at the Idaho National Engi14 neering Laboratory for—

15 (1) environmental remediation of high level, liq16 uid radioactive waste; or

17 (2) as a source of raw materials for boron drugs

18 for Boron Neutron Capture Therapy.

19 SEC. 8087. (a) ENERGY SAVINGS AT FEDERAL FACILI20 TIES.—The head of each agency for which funds are made

21 available under this Act shall take all actions necessary to

22 achieve during fiscal year 1996 a 5 percent reduction, from

23 fiscal year 1995 levels, in the energy costs of the facilities

24 used by the agency.
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1 (b) USE OF COST SAVINGS.—An amount equal to the

2 amount of cost savings realized by an agency under sub3 section (a) shall remain available for obligation through the

4 end of fiscal year 1997, without further authorization or

5 appropriation, as follows:

6 (1) CONSERVATION MEASURES.—Fifty percent of

7 the amount shall remain available for the implemen8 tation of additional energy conservation measures

9 and for water conservation measures at such facilities

10 used by the agency as are designated by the head of

11 the agency.

12 (2) OTHER PURPOSES.—Fifty percent of the

13 amount shall remain available for use by the agency

14 for such purposes as are designated by the head of the

15 agency, consistent with applicable law.

16 (c) REPORT.—

17 (1) IN GENERAL.—Not later than December 31,

18 1996, the head of each agency described in subsection

19 (a) shall submit a report to Congress specifying the

20 results of the actions taken under subsection (a) and

21 providing any recommendations concerning how to

22 further reduce energy costs and energy consumption

23 in the future.

24 (2) CONTENTS.—Each report shall—
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1 (A) specify the total energy costs of the fa2 cilities used by the agency;

3 (B) identify the reductions achieved; and

4 (C) specify the actions that resulted in the

5 reductions.

6 SEC. 8088. (a)(1) Not later than October 1, 1995, the

7 Secretary of Defense shall require that each disbursement

8 by the Department of Defense in an amount in excess of

9 $1,000,000 be matched to a particular obligation before the

10 disbursement is made.

11 (2) Not later than September 30, 1996, the Secretary

12 of Defense shall require that each disbursement by the De13 partment of Defense in an amount in excess of $500,000

14 be matched to a particular obligation before the disburse15 ment is made.

16 (b) The Secretary shall ensure that a disbursement in

17 excess of the threshold amount applicable under subsection

18 (a) is not divided into multiple disbursements of less than

19 that amount for the purpose of avoiding the applicability

20 of such subsection to that disbursement.

21 (c) The Secretary of Defense may waive a requirement

22 for advance matching of a disbursement of the Department

23 of Defense with a particular obligation in the case of (1)

24 a disbursement involving deployed forces, (2) a disburse25 ment for an operation in a war declared by Congress or
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1 a national emergency declared by the President or Congress,

2 or (3) a disbursement under any other circumstances for

3 which the waiver is necessary in the national security inter4 ests of the United States, as determined by the Secretary

5 and certified by the Secretary to the congressional defense

6 committees.

7 (d) This section shall not be construed to limit the au8 thority of the Secretary of Defense to require that a dis9 bursement not in excess of the amount applicable under sub10 section (a) be matched to a particular obligation before the

11 disbursement is made.

12 SEC. 8089. (a) Except as provided in subsection (b),

13 the total amount obligated or expended for procurement of

14 the SSN–21, SSN–22, and SSN–23 Seawolf class sub15 marines may not exceed $7,223,695,000.

16 (b) The amount of the limitation set forth in subsection

17 (a) is increased after fiscal year 1995 by the following

18 amounts:

19 (1) The amounts of outfitting costs and post-de20 livery costs incurred for the submarines referred to in

21 such subsection.

22 (2) The amounts of increases in costs attrib23 utable to economic inflation after fiscal year 1995.
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1 (3) The amounts of increases in costs attrib2 utable to compliance with changes in Federal, State,

3 or local laws enacted after fiscal year 1995.

4 SEC. 8090. RESTRICTION ON REIMBURSEMENT OF COSTS.

5 None of the funds provided in this Act may be obli6 gated for payment on new contracts on which allowable

7 costs charged to the government include payments for indi8 vidual compensation at a rate in excess of $250,000 per

9 year.

10 SEC. 8091. None of the funds available to the Depart11 ment of Defense during fiscal year 1996 may be obligated

12 or expended to support or finance the activities of the De13 fense Policy Advisory Committee on Trade.

14 SEC. 8092. PROHIBITION OF PAY AND ALLOWANCES FOR

15 MILITARY PERSONNEL CONVICTED OF SERI16 OUS CRIMES.

17 (a) Notwithstanding any other provision of law, none

18 of the funds appropriated by this Act shall be obligated for

19 the pay or allowances of any member of the Armed Forces

20 who has been sentenced by a court-martial to any sentence

21 that includes confinement for one year or more, death, dis22 honorable discharge, bad-conduct discharge, or dismissal

23 during any period of confinement or parole.

24 (b) In a case involving an accused who has dependents,

25 the convening authority or other person acting under title
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1 10, section 860, may waive any or all of the forfeitures of

2 pay and allowances required by subsection (a) for a period

3 not to exceed six months. Any amount of pay or allowances

4 that, except for a waiver under this subsection, would be

5 forfeited shall be paid, as the convening authority or other

6 person taking action directs, to the dependents of the ac7 cused.

8 (c) If the sentence of a member who forfeits pay and

9 allowances under subsection (a) is set aside or disapproved

10 or, as finally approved, does not provide for a punishment

11 referred to in subsection (a), the member shall be paid the

12 pay and allowances which the member would have been

13 paid, except for the forfeiture, for the period during which

14 the forfeiture was in effect.

15 SEC. 8093. None of the funds made available in this

16 Act under the heading ‘‘Procurement of Ammunition,

17 Army’’ may be obligated or expended for the procurement

18 of munitions unless such acquisition fully complies with the

19 Competition in Contracting Act.

20 SEC. 8094. Six months after the date of enactment of

21 this Act the General Accounting Office shall report to the

22 Committees on Appropriations of the Senate and the House

23 of Representatives on any changes in Department of Defense

24 commissary access policy, including providing reservists

25 additional or new privileges, and addressing the financial
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1 impact on the commissaries as a result of any policy

2 changes.

3 SEC. 8095. The Secretary of Defense shall develop and

4 provide to the congressional defense committees an Elec5 tronic Combat Master Plan to establish an optimum infra6 structure for electronic combat assets no later than March

7 31, 1996.

8 SEC. 8096. The Secretary of Defense and the Secretary

9 of the Army shall reconsider the decision not to include the

10 infantry military occupational specialty among the mili11 tary skills and specialties for which special pays are pro12 vided under the Selected Reserve Incentive Program.

13 SEC. 8097. INTERIM LEASES OF PROPERTY APPROVED FOR

14 CLOSURE OR REALIGNMENT.

15 Section 2667(f) of title 10, United States Code, is

16 amended by adding at the end the following:

17 ‘‘(4)(A) Notwithstanding the National Environmental

18 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the scope of

19 any environmental impact analysis necessary to support an

20 interim lease of property under this subsection shall be lim21 ited to the environmental consequences of activities author22 ized under the proposed lease and the cumulative impacts

23 of other past, present, and reasonably foreseeable future ac24 tions during the period of the proposed lease.
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1 ‘‘(B) Interim leases entered into under this subsection

2 shall be deemed not to prejudice the final property disposal

3 decision, even if final property disposal may be delayed

4 until completion of the interim lease term. An interim lease

5 under this subsection shall not be entered into without prior

6 consultation with the redevelopment authority concerned.

7 ‘‘(C) The provisions of subparagraphs (A) and (B)

8 shall not apply to an interim lease under this subsection

9 if authorized activities under the lease would—

10 ‘‘(i) significantly effect the quality of the human

11 environment; or

12 ‘‘(ii) irreversibly alter the environment in a way

13 that would preclude any reasonable disposal alter14 native of the property concerned.’’.

15 SEC. 8098. (a) If, on February 18, 1996, the Secretary

16 of the Navy has not certified in writing to the Committees

17 on Appropriations of the Senate and the House of Rep18 resentatives that—

19 (1) the Secretary has restructured the new attack

20 submarine program to provide for—

21 (A) procurement of the lead vessel under the

22 program from General Dynamics Corporation

23 Electric Boat Division (hereafter in this section

24 referred to as ‘‘Electric Boat Division’’) begin25 ning in fiscal year 1998 (subject to the price of-
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1 fered by Electric Boat Division being determined

2 fair and reasonable by the Secretary),

3 (B) procurement of the second vessel under

4 the program from Newport News Shipbuilding

5 and Drydock Company beginning in fiscal year

6 1999 (subject to the price offered by Newport

7 News Shipbuilding and Drydock Company being

8 determined fair and reasonable by the Sec9 retary), and

10 (C) procurement of other vessels under the

11 program under one or more contracts that are

12 entered into after competition between Electric

13 Boat Division and Newport News Shipbuilding

14 and Drydock Company for which the Secretary

15 shall solicit competitive proposals and award the

16 contract or contracts on the basis of price, and

17 (2) the Secretary has directed, as set forth in de18 tail in such certification that—

19 (A) no action is to be taken to terminate or

20 to fail to extend either the existing Planning

21 Yard contract for the Trident class submarines

22 or the existing Planning Yard contract for the

23 SSN–688 Los Angeles class submarines except by

24 reason of a breach of contract by the contractor

25 or an insufficiency of appropriations,
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1 (B) no action is to be taken to terminate

2 any existing Lead Design Yard contract for the

3 SSN–21 Seawolf class submarines or for the

4 SSN–688 Los Angeles class submarines, except

5 by reason of a breach of contract by the contrac6 tor or an insufficiency of appropriations,

7 (C) both Electric Boat Division and New8 port News Shipbuilding and Drydock Company

9 are to have access to sufficient information con10 cerning the design of the new attack submarine

11 to ensure that each is capable of constructing the

12 new attack submarine, and

13 (D) no action is to be taken to impair the

14 design, engineering, construction, and mainte15 nance competencies of either Electric Boat Divi16 sion or Newport News Shipbuilding and Dry17 dock Company to construct the new attack sub18 marine,

19 then, funds appropriated in title III under the heading

20 ‘‘SHIPBUILDING AND CONVERSION, NAVY’’ may not be obli21 gated for the SSN–21 attack submarine program or for the

22 new attack submarine program (NSSN–1 and NSSN–2).

23 (b) Funds referred to in subsection (a) for procurement

24 of the lead and second vessels under the new attack sub25 marine program may not be expended during fiscal year
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1 1996 for the lead vessel under that program (other than for

2 class design) unless funds are obligated or expended during

3 such fiscal year for a contract in support of procurement

4 of the second vessel under the program.

5 SEC. 8099. LIMITATION ON USE OF FUNDS FOR COOPERA6 TIVE THREAT REDUCTION.

7 (a) LIMITATION.—Of the funds available under title II

8 under the heading ‘‘FORMER SOVIET UNION THREAT RE9 DUCTION’’ for dismantlement and destruction of chemical

10 weapons, not more than $52,000,000 may be obligated or

11 expended for that purpose until the President certifies to

12 Congress the following:

13 (1) That the United States and Russia have

14 completed a joint laboratory study evaluating the pro15 posal of Russia to neutralize its chemical weapons

16 and the United States agrees with the proposal.

17 (2) That Russia is in the process of preparing,

18 with the assistance of the United States as necessary,

19 a comprehensive plan to manage the dismantlement

20 and destruction of the Russia chemical weapons stock21 pile.

22 (3) That the United States and Russia are com23 mitted to resolving outstanding issues under the 1989

24 Wyoming Memorandum of Understanding and the

25 1990 Bilateral Destruction Agreement.
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1 (b) DEFINITIONS.—In this section:

2 (1) The term ‘‘1989 Wyoming Memorandum of

3 Understanding’’ means the Memorandum of Under4 standing between the Government of the United States

5 of America and the Government of the Union of So6 viet Socialist Republics Regarding a Bilateral Ver7 ification Experiment and Data Exchange Related to

8 Prohibition on Chemical Weapons, signed at Jackson

9 Hole, Wyoming, on September 23, 1989.

10 (2) The term ‘‘1990 Bilateral Destruction Agree11 ment’’ means the Agreement between the United

12 States of America and the Union of Soviet Socialist

13 Republics on destruction and non-production of chem14 ical weapons and on measures to facilitate the multi15 lateral convention on banning chemical weapons

16 signed on June 1, 1990.

17 SEC. 8100. SENSE OF SENATE REGARDING UNDERGROUND

18 NUCLEAR TESTING.

19 (a) FINDINGS.—The Senate makes the following find20 ings:

21 (1) The President of France stated on June 13,

22 1995, that the Republic of France plans to conduct

23 eight nuclear test explosions over the next several

24 months.
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1 (2) The People’s Republic of China continues to

2 conduct underground nuclear weapons tests.

3 (3) The United States, France, Russia, and

4 Great Britain have observed a moratorium on nuclear

5 testing since 1992.

6 (4) A resumption of testing by the Republic of

7 France could result in the disintegration of the cur8 rent testing moratorium and a renewal of under9 ground testing by other nuclear weapon states.

10 (5) A resumption of nuclear testing by the Re11 public of France raises serious environmental and

12 health concerns.

13 (6) The United Nations Conference on Disar14 mament presently is meeting in Geneva, Switzerland,

15 for the purpose of negotiating a Comprehensive Nu16 clear Test Ban Treaty (CTBT), which would halt per17 manently the practice of conducting nuclear test ex18 plosions.

19 (7) Continued underground weapons testing by

20 the Republic of France and the People’s Republic of

21 China undermines the efforts of the international

22 community to conclude a CTBT by 1996, a goal en23 dorsed by 175 nations, at the recently completed NPT

24 Extension and Review Conference (the conference for
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1 the extension and review of the Nuclear Non-Pro2 liferation Treaty).

3 (b) SENSE OF THE SENATE.—It is the sense of the Sen4 ate that the Republic of France and the People’s Republic

5 of China should abide by the current international morato6 rium on nuclear test explosions and refrain from conduct7 ing underground nuclear tests in advance of a Comprehen8 sive Test Ban Treaty.

9 SEC. 8101. TESTING OF THEATER MISSILE DEFENSE INTER10 CEPTORS.

11 (a) APPROVAL BEYOND LOW-RATE INITIAL PRODUC12 TION.—The Secretary of Defense may not approve a theater

13 missile defense interceptor program beyond the low-rate ini14 tial production acquisition stage until the Secretary cer15 tifies to the congressional defense committees that the pro16 gram—

17 (1) has successfully completed initial operational

18 test and evaluation; and

19 (2) involves a suitable and effective system.

20 (b) CERTIFICATION REQUIREMENTS.—(1) In order to

21 be certified under subsection (a), the initial operational test

22 and evaluation conducted with respect to a program shall

23 include flight tests—
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1 (A) that were conducted with multiple intercep2 tors and multiple targets in the presence of realistic

3 countermeasures; and

4 (B) the results of which demonstrate the achieve5 ment of baseline performance thresholds by such inter6 ceptors.

7 (2) The Director of Operational Test and Evaluation

8 shall specify the number of flight tests required with respect

9 to a program under paragraph (1) in order to make a cer10 tification referred to in subsection (a).

11 (3) The Secretary may utilize modeling and simula12 tion validated by ground and flight testing in order to aug13 ment flight testing to demonstrate weapons system perform14 ance for purposes of a certification under subsection (a).

15 (c) REPORTS.—(1) The Director of Operational Test

16 and Evaluation and the head of the Ballistic Missile De17 fense Organization shall include in the annual reports to

18 Congress of such officials plans to test adequately theater

19 missile defense interceptor programs throughout the acquisi20 tion process.

21 (2) As each theater missile defense system progresses

22 through the acquisition process, the officials referred to in

23 paragraph (1) shall include in the annual reports to Con24 gress of such officials an assessment of the extent to which
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1 such programs satisfy the planned test objectives for such

2 programs.

3 (d) DEFINITION.—For purposes of this section, the

4 baseline performance thresholds for a program are the

5 weapon system performance thresholds specified in the base6 line description for the weapon system established pursuant

7 to section 2435(a)(1) of title 10, United States Code, before

8 the program entered into the engineering and manufactur9 ing development stage.

10 SEC. 8102. ELIGIBILITY FOR DEFENSE DUAL-USE ASSIST11 ANCE EXTENSION PROGRAM.

12 Section 2524(e) of title 10, United States Code, is

13 amended—

14 (1) in paragraph (3), by striking out ‘‘at least

15 25 percent of the value of the borrower’s sales during

16 the preceding year’’ in the matter preceding subpara17 graph (A) and inserting in lieu thereof ‘‘at least 25

18 percent of the amount equal to the average value of

19 the borrower’s sales during the preceding 5 fiscal

20 years’’;

21 (2) by redesignating paragraph (4) as para22 graph (5); and

23 (3) by inserting after paragraph (3) the follow24 ing new paragraph (4):
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1 ‘‘(4) A borrower that meets the selection criteria set

2 forth in paragraph (2) and subsection (f) is also eligible

3 for a loan guarantee under subsection (b)(3) if the borrower

4 is a former defense worker whose employment as such a

5 worker was terminated as a result of a reduction in expend6 itures by the United States for defense, the termination or

7 cancellation of a defense contract, the failure to proceed

8 with an approved major weapon system, the merger or con9 solidation of the operations of a defense contractor, or the

10 closure or realignment of a military installation.’’.

11 This Act may be cited as the ‘‘Department of Defense

12 Appropriations Act, 1996’’.

Passed the House of Representatives September 12,

1995.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate September 8, 1995 (legislative day,

September 5), 1995.

Attest: KELLY D. JOHNSTON.

Secretary.