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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2126 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                      September 8 (legislative day, September 5), 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
2126) entitled ``An Act making appropriations for the Department of 
Defense for the fiscal year ending September 30, 1996, and for other 
purposes'', do pass with the following

                               AMENDMENT:
            Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1996, and for other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all expenses 
thereof for organizational movements), and expenses of temporary duty 
travel between permanent duty stations, for members of the Army on 
active duty (except members of reserve components provided for 
elsewhere), cadets, and aviation cadets; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to 
the Department of Defense Military Retirement Fund; $19,776,587,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all expenses 
thereof for organizational movements), and expenses of temporary duty 
travel between permanent duty stations, for members of the Navy on 
active duty (except members of the Reserve provided for elsewhere), 
midshipmen, and aviation cadets; and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section 
229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund; $16,979,209,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all expenses 
thereof for organizational movements), and expenses of temporary duty 
travel between permanent duty stations, for members of the Marine Corps 
on active duty (except members of the Reserve provided for elsewhere); 
and for payments pursuant to section 156 of Public Law 97-377, as 
amended (42 U.S.C. 402 note), to section 229(b) of the Social Security 
Act (42 U.S.C. 429(b)), and to the Department of Defense Military 
Retirement Fund; $5,886,540,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, interest on deposits, 
gratuities, permanent change of station travel (including all expenses 
thereof for organizational movements), and expenses of temporary duty 
travel between permanent duty stations, for members of the Air Force on 
active duty (except members of reserve components provided for 
elsewhere), cadets, and aviation cadets; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to 
the Department of Defense Military Retirement Fund; $17,156,443,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 265, 3021, and 3038 of title 10, United States Code, or while 
serving on active duty under section 672(d) of title 10, United States 
Code, in connection with performing duty specified in section 678(a) of 
title 10, United States Code, or while undergoing reserve training, or 
while performing drills or equivalent duty or other duty, and for 
members of the Reserve Officers' Training Corps, and expenses 
authorized by section 2131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$2,102,466,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 265 of title 10, United States Code, or while serving on active 
duty under section 672(d) of title 10, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 2131 of 
title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund; $1,349,323,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 265 of title 10, United States Code, or while 
serving on active duty under section 672(d) of title 10, United States 
Code, in connection with performing duty specified in section 678(a) of 
title 10, United States Code, or while undergoing reserve training, or 
while performing drills or equivalent duty, and for members of the 
Marine Corps platoon leaders class, and expenses authorized by section 
2131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund; $364,551,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 265, 8021, and 8038 of title 10, United States Code, or 
while serving on active duty under section 672(d) of title 10, United 
States Code, in connection with performing duty specified in section 
678(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Air Reserve Officers' Training Corps, and 
expenses authorized by section 2131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund; 
$783,861,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 265, 3021, or 3496 of title 10 or section 708 of title 
32, United States Code, or while serving on duty under section 672(d) 
of title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 2131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$3,222,422,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 265, 8021, or 8496 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 672(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 678(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 2131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$1,259,627,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $14,437,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes; $17,947,229,000 and, in addition, 
$50,000,000 shall be derived by transfer from the National Defense 
Stockpile Transaction Fund: Provided, That of the funds appropriated in 
this paragraph, not less than $388,599,000 shall be made available only 
for conventional ammunition care and maintenance: Provided further, 
That of the funds provided under this heading, $1,418,000,000 shall be 
available only for Real Property Maintenance activities, and shall 
remain available for obligation until September 30, 1997: Provided 
further, That not less than $15,000,000 shall be made available only 
for the implementation and execution of the 1988 agreement between the 
Department of the Army and National Presto Industries Inc. for the 
remediation of environmental contamination at the National Presto 
Industries Inc. site at Eau Claire, WI. These funds shall be made 
available no later than sixty days following the enactment of this Act: 
Provided further, That of the funds provided under this heading, 
$500,000 may be available for the Life Sciences Equipment Laboratory, 
Kelly Air Force Base, Texas, for work in support of the Joint Task 
Force-Full Accounting.

                    Operation and Maintenance, Navy

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $4,151,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes; 
$21,195,301,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund: 
Provided, That of the funds provided under this heading, $1,150,000,000 
shall be available only for Real Property Maintenance activities, and 
shall remain available for obligation until September 30, 1997: 
Provided further, That, of the funds appropriated under this heading, 
not more than $12,200,000 shall be available only for paying the costs 
of terminating Project ELF.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law; 
$2,341,737,000: Provided, That of the funds provided under this 
heading, $366,800,000 shall be available only for Real Property 
Maintenance activities, and shall remain available for obligation until 
September 30, 1997.

                  Operation and Maintenance, Air Force

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $8,326,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes; $18,202,437,000 and, in 
addition, $50,000,000 shall be derived by transfer from the National 
Defense Stockpile Transaction Fund: Provided, That the Secretary of the 
Air Force may acquire all right, title, and interest of any party in 
and to parcels of real property, including improvements thereon, 
consisting of not more than 92 acres, located near King Salmon Air 
Force Station for the purpose of conducting a response action in 
accordance with the Comprehensive Environmental Response, Compensation, 
and Liability Act (42 U.S.C. 9601-9675) and the Air Force Installation 
Restoration Program: Provided further, That of the funds provided under 
this heading, $1,633,000,000 shall be available only for Real Property 
Maintenance activities, and shall be available for obligation until 
September 30, 1997: Provided further, That from within the funds 
appropriated under this heading, the Air Force may enter into a long-
term lease or purchase agreement to replace the existing fleet of VC-
137 aircraft.

                Operation and Maintenance, Defense-Wide

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law; 
$9,804,068,000, of which not to exceed $25,000,000 may be available for 
the CINC initiative fund account; and of which not to exceed 
$28,588,000 can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary of Defense, 
and payments may be made on his certificate of necessity for 
confidential military purposes: Provided, That of the funds 
appropriated under this heading, $20,000,000 shall be made available 
only for use in federally owned education facilities located on 
military installations for the purpose of transferring title of such 
facilities to the local education agency: Provided further, That of the 
funds provided under this heading, $169,800,000 shall be available only 
for Real Property Maintenance activities, and shall remain available 
for obligation until September 30, 1997: Provided further, That of the 
funds appropriated in this paragraph, $11,200,000 shall be available 
for the Joint Analytic Model Improvement Program: Provided further, 
That of the funds appropriated in this paragraph, $10,000,000 shall be 
available for the Troops-to-Cops program: Provided further, That of the 
funds provided under this heading, $42,000,000 shall be available for 
the Troops-to-Teachers program.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,068,312,000: Provided, That of the 
funds provided under this heading, $47,589,000 shall be available only 
for Real Property Maintenance activities, and shall remain available 
for obligation until September 30, 1997.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $826,042,000: Provided, That of the 
funds provided under this heading, $31,954,000 shall be available only 
for Real Property Maintenance activities, and shall remain available 
for obligation until September 30, 1997.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $90,283,000: Provided, That of the funds 
provided under this heading, $4,911,000 shall be available only for 
Real Property Maintenance activities, and shall remain available for 
obligation until September 30, 1997.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,485,947,000: Provided, That of the 
funds provided under this heading, $63,062,000 shall be available only 
for Real Property Maintenance activities, and shall remain available 
for obligation until September 30, 1997.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft); $2,361,708,000: Provided, 
That of the funds provided under this heading, $150,188,000 shall be 
available only for Real Property Maintenance activities, and shall be 
available for obligation until September 30, 1997.

             Operation and Maintenance, Air National Guard

    For operation and maintenance of the Air National Guard, including 
medical and hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, repair, and other necessary expenses 
of facilities for the training and administration of the Air National 
Guard, including repair of facilities, maintenance, operation, and 
modification of aircraft; transportation of things; hire of passenger 
motor vehicles; supplies, materials, and equipment, as authorized by 
law for the Air National Guard; and expenses incident to the 
maintenance and use of supplies, materials, and equipment, including 
such as may be furnished from stocks under the control of agencies of 
the Department of Defense; travel expenses (other than mileage) on the 
same basis as authorized by law for Air National Guard personnel on 
active Federal duty, for Air National Guard commanders while inspecting 
units in compliance with National Guard Bureau regulations when 
specifically authorized by the Chief, National Guard Bureau; 
$2,724,021,000: Provided, That of the funds provided under this 
heading, $85,571,000 shall be available only for Real Property 
Maintenance activities, and shall remain available for obligation until 
September 30, 1997.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces; $6,521,000, of which not to exceed $2,500 
can be used for official representation purposes.

                   Environmental Restoration, Defense

                     (including transfer of funds)

    For the Department of Defense; $1,487,000,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes 
(including programs and operations at sites formerly used by the 
Department of Defense), transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of Defense, to be merged with and to be available for the same purposes 
and for the same period as the appropriations of funds to which 
transferred, as follows:
            Operation and Maintenance, Army, $659,000,000;
            Operation and Maintenance, Navy, $405,000,000;
            Operation and Maintenance, Air Force, $368,000,000; and
            Operation and Maintenance, Defense-wide, $55,000,000:
Provided further, That upon a determination that all or part of the 
funds transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back to this 
appropriation.

                            Summer Olympics

    For logistical support and personnel services (other than pay and 
non-travel-related allowances of members of the Armed Forces of the 
United States, except for members of the reserve components thereof 
called or ordered to active duty to provide support for the 1996 Games 
of the XXVI Olympiad to be held in Atlanta, Georgia) provided by any 
component of the Department of Defense to the 1996 Games of the XXVI 
Olympiad; $15,000,000: Provided, That funds appropriated under this 
heading shall remain available for obligation until September 30, 1997.

                        Humanitarian Assistance

    For training and activities related to the clearing of landmines 
for humanitarian purposes, $60,000,000.

                  Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for providing 
incentives for demilitarization; for establishing programs to prevent 
the proliferation of weapons, weapons components, and weapon-related 
technology and expertise; for programs relating to the training and 
support of defense and military personnel for demilitarization and 
protection of weapons, weapons components and weapons technology and 
expertise; $325,000,000 to remain available until expended.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $1,498,623,000, to remain available for obligation until 
September 30, 1998.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $846,555,000, to remain available for obligation until 
September 30, 1998.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes; 
$1,396,264,000, to remain available for obligation until September 30, 
1998.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes; $1,090,891,000, to remain available for 
obligation until September 30, 1998.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and nontracked combat vehicles; 
the purchase of not to exceed 41 passenger motor vehicles for 
replacement only; communications and electronic equipment; other 
support equipment; spare parts, ordnance, and accessories therefor; 
specialized equipment and training devices; expansion of public and 
private plants, including the land necessary therefor, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $2,760,002,000, to remain 
available for obligation until September 30, 1998.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; $4,897,393,000, to remain available for obligation 
until September 30, 1998.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, other ordnance and 
ammunition, and related support equipment including spare parts, and 
accessories therefor; expansion of public and private plants, including 
the land necessary therefor, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; $1,771,421,000, to 
remain available for obligation until September 30, 1998.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long leadtime components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefore, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
            For continuation of the SSN-21 attack submarine program, 
        $700,000,000;
            NSSN-1 (AP) $704,498,000;
            NSSN-2 (AP) $100,000,000;
            CVN Refuelings, $221,988,000;
            DDG-51 destroyer program, $3,586,800,000;
            LHD-1 amphibious assault ship program, $1,300,000,000; and
            For craft, outfitting, post delivery, conversions, and 
        first destination transportation, $448,715,000;
in all: $7,062,001,000, to remain available for obligation until 
September 30, 2000: Provided, That additional obligations may be 
incurred after September 30, 2000, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds herein provided for the construction or conversion of any naval 
vessel to be constructed in shipyards in the United States shall be 
expended in foreign facilities for the construction of major components 
of such vessel: Provided further, That none of the funds herein 
provided shall be used for the construction of any naval vessel in 
foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of not to exceed 252 passenger motor vehicles 
for replacement only; expansion of public and private plants, including 
the land necessary therefor, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; $2,394,260,000, to 
remain available for obligation until September 30, 1998.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of not to exceed 194 
passenger motor vehicles for replacement only; and expansion of public 
and private plants, including land necessary therefor, and such lands 
and interests therein, may be acquired and construction prosecuted 
thereon prior to approval of title; $597,139,000, to remain available 
for obligation until September 30, 1998.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things; $7,163,258,000, to remain available for 
obligation until September 30, 1998.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, ammunition, and related equipment, including spare 
parts and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection of 
structures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes including rents and transportation 
of things; $3,550,192,000, to remain available for obligation until 
September 30, 1998.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of not to exceed 385 
passenger motor vehicles for replacement only; the purchase of 1 
vehicle required for physical security of personnel, notwithstanding 
price limitations applicable to passenger vehicles but not to exceed 
$260,000 per vehicle; and expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon, prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; 
$6,540,951,000, to remain available for obligation until September 30, 
1998.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of not to exceed 451 passenger motor vehicles, of which 447 
shall be for replacement only; expansion of public and private plants, 
equipment, and installation thereof in such plants, erection of 
structures, and acquisition of land for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; $2,114,824,000, to 
remain available for obligation until September 30, 1998.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces; $777,000,000, to remain available for 
obligation until September 30, 1998: Provided, That the Chiefs of the 
Reserve and National Guard components shall, not later than December 1, 
1995, individually submit to the congressional defense committees the 
modernization priority assessment for their respective Reserve or 
National Guard component.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, as 
authorized by law; $4,639,131,000, to remain available for obligation 
until September 30, 1997: Provided, That of the funds appropriated in 
this paragraph for the Other Missile Product Improvement Program 
program element, $10,000,000 is provided only for the full 
qualification and operational platform certification of Non-
Developmental Item (NDI) composite 2.75 inch rocket motors and 
composite propellant pursuant to the initiation of a Product 
Improvement Program (PIP) for the Hydra-70 rocket.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, as 
authorized by law; $8,282,051,000, to remain available for obligation 
until September 30, 1997: Provided, That of the funds provided in 
Public Law 103-355, in title IV, under the heading Research, 
Development, Test and Evaluation, Navy, $5,000,000 shall be made 
available as a grant only to the Marine and Environmental Research and 
Training Station (MERTS) for laboratory and other efforts associated 
with research, development, and other programs of major importance to 
the Department of Defense: Provided further, That of the funds 
appropriated under this heading, $45,458,000 shall be made available 
for the Intercooled Recuperative Turbine Engine Project.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, as 
authorized by law; $13,087,389,000, to remain available for obligation 
until September 30, 1997.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, as authorized by law; 
$9,196,784,000, to remain available for obligation until September 30, 
1997: Provided, That of the funds appropriated in this paragraph, 
$35,000,000 shall be available for the Corps Surface-to-Air Missile 
(Corps SAM) program: Provided further, That of the funds appropriated 
in this paragraph, $3,000,000 shall be available for the Large 
Millimeter Telescope project: Provided further, That of the funds 
appropriated in this paragraph, not more than $48,505,000 shall be 
available for the Strategic Environmental Research Program program 
element activities and not more than $34,302,000 shall be available for 
Technical Studies, Support and Analysis program element activities: 
Provided further, That of the $475,470,000 appropriated in this 
paragraph for the Other Theater Missile Defense, up to $25,000,000 may 
be available for the operation of the Battlefield Integration Center: 
Provided further, That the funds made available under the second 
proviso under this heading in Public Law 103-335 (108 Stat. 2613) shall 
also be available to cover the reasonable costs of the administration 
of loan guarantees referred to in that proviso and shall be available 
to cover such costs of administration and the costs of such loan 
guarantees until September 30, 1998: Provided further, That of the 
funds appropriated in this paragraph for the Ballistic Missile Defense 
Organization, $10,000,000 shall only be available to continue program 
activities and launch preparation efforts under the Strategic Target 
System (STARS) program.

               Developmental Test and Evaluation, Defense

    For expenses, not otherwise provided for, of independent activities 
of the Director, Test and Evaluation in the direction and supervision 
of developmental test and evaluation, including performance and joint 
developmental testing and evaluation; and administrative expenses in 
connection therewith; $246,082,000, to remain available for obligation 
until September 30, 1997.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith; $22,587,000, to remain available for obligation until 
September 30, 1997.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                    Defense Business Operations Fund

    For the Defense Business Operations Fund; $1,178,700,000: Provided, 
That of the funds appropriated under this heading, $300,000,000 shall 
be available only to support the national defense missions of the Coast 
Guard, while operating in conjunction with and in support of the Navy: 
Provided further, That pursuant to the authorities provided under this 
heading, the Secretary of the Navy shall make available to the Coast 
Guard ship and aviation fuel, spare parts, munitions, ship stores, 
commissary goods, ship and aircraft repair services to ensure the 
national defense capabilities and preparedness of the Coast Guard.

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1774); $1,024,220,000, to remain available until expended: 
Provided, That the Secretary of the Navy may obligate not to exceed 
$110,000,000 from available appropriations to the Navy for the 
procurement of one additional MPS ship.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law; 
$10,196,558,000, of which $9,908,525,000 shall be for Operation and 
maintenance, of which $288,033,000, to remain available for obligation 
until September 30, 1998, shall be for Procurement: Provided, That of 
the funds appropriated under this heading, $14,500,000 shall be made 
available for obtaining emergency communications services for members 
of the Armed Forces and their families from the American National Red 
Cross as authorized by law.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $631,698,000, of which $353,850,000 shall be 
for Operation and maintenance, $224,448,000 shall be for Procurement to 
remain available until September 30, 1998, and $53,400,000 shall be for 
Research, development, test and evaluation to remain available until 
September 30, 1997.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation; $680,432,000: Provided, That of the 
funds provided under this heading, $5,000,000 shall be available for 
conversion of surplus helicopters of the Department of Defense for 
procurement by State and local governments for counter-drug activities: 
Provided further, That the funds appropriated by this paragraph shall 
be available for obligation for the same time period and for the same 
purpose as the appropriation to which transferred: Provided further, 
That the transfer authority provided in this paragraph is in addition 
to any transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended; $139,226,000, of which $138,226,000 shall be for Operation and 
maintenance, of which not to exceed $400,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on his 
certificate of necessity for confidential military purposes; and of 
which $1,000,000, to remain available until September 30, 1998, shall 
be for Procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain proper funding level for continuing 
the operation of the Central Intelligence Agency Retirement and 
Disability System; $213,900,000.

                 National Security Education Trust Fund

    For the purposes of title VIII of Public Law 102-183, $7,500,000, 
to be derived from the National Security Education Trust Fund, to 
remain available until expended.

                      Community Management Account

    For necessary expenses of the Community Management Account; 
$98,283,000.

     Kaho'olawe Island Conveyance, Remediation, and Environmental 
                         Restoration Trust Fund

    For payment to the Kaho'olawe Island Conveyance, Remediation, and 
Environmental Restoration Trust Fund, as authorized by law, 
$25,000,000, to remain available until expended.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980: Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.
    Sec. 8003. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004. No more than 20 per centum of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.

                          (transfer of funds)

    Sec. 8005. Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$2,400,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress.

                          (transfer of funds)

    Sec. 8006. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds: Provided, That transfers may be made between such 
funds and the ``Foreign Currency Fluctuations, Defense'' and 
``Operation and Maintenance'' appropriation accounts in such amounts as 
may be determined by the Secretary of Defense, with the approval of the 
Office of Management and Budget, except that such transfers may not be 
made unless the Secretary of Defense has notified the Congress of the 
proposed transfer. Except in amounts equal to the amounts appropriated 
to working capital funds in this Act, no obligations may be made 
against a working capital fund to procure or increase the value of war 
reserve material inventory, unless the Secretary of Defense has 
notified the Congress prior to any such obligation.
    Sec. 8007. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, 
regional or municipal services, if provisions are included for the 
consideration of United States coal as an energy source: Provided 
further, That none of the funds available to the Department of Defense 
in this Act shall be used by the Secretary of a military department to 
purchase coal or coke from foreign nations for use at United States 
defense facilities in Europe when coal from the United States is 
available.
    Sec. 8008. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in session in advance to the Committees on 
Appropriations, Armed Services, and National Security of the Senate and 
House of Representatives.
    Sec. 8009. None of the funds contained in this Act available for 
the Civilian Health and Medical Program of the Uniformed Services shall 
be available for payments to physicians and other authorized individual 
health care providers in excess of the amounts allowed in fiscal year 
1994 for similar services, except that: (a) for services for which the 
Secretary of Defense determines an increase is justified by economic 
circumstances, the allowable amounts may be increased in accordance 
with appropriate economic index data similar to that used pursuant to 
title XVIII of the Social Security Act; and (b) for services the 
Secretary determines are overpriced based on allowable payments under 
title XVIII of the Social Security Act, the allowable amounts shall be 
reduced by not more than 15 percent (except that the reduction may be 
waived if the Secretary determines that it would impair adequate access 
to health care services for beneficiaries). The Secretary shall solicit 
public comment prior to promulgating regulations to implement this 
section. Such regulations shall include a limitation, similar to that 
used under title XVIII of the Social Security Act, on the extent to 
which a provider may bill a beneficiary an actual charge in excess of 
the allowable amount.
    Sec. 8010. None of the funds provided in this Act shall be 
available to initiate (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000, or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, unless the 
Committees on Appropriations and Armed Services of the Senate and House 
of Representatives have been notified at least thirty days in advance 
of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
Committees on Appropriations and Armed Services of the House of 
Representatives and the Senate: Provided further, That the execution of 
multiyear authority shall require the use of a present value analysis 
to determine lowest cost compared to an annual procurement.
    Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows:
            UH-60 Blackhawk helicopter;
            Apache Longbow helicopter; and
            M1A2 tank upgrade.
    Sec. 8011. Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported to Congress on 
September 30 of each year: Provided, That funds available for operation 
and maintenance shall be available for providing humanitarian and 
similar assistance by using Civic Action Teams in the Trust Territories 
of the Pacific Islands and freely associated states of Micronesia, 
pursuant to the Compact of Free Association as authorized by Public Law 
99-239: Provided further, That upon a determination by the Secretary of 
the Army that such action is beneficial for graduate medical education 
programs conducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of medical services 
at such facilities and transportation to such facilities, on a 
nonreimbursable basis, for civilian patients from American Samoa, the 
Commonwealth of the Northern Mariana Islands, the Marshall Islands, the 
Federated States of Micronesia, Palau, and Guam.
    Sec. 8012. None of the funds provided in this Act shall be 
available either to return any IOWA Class Battleships to the Naval 
Register, or to retain the logistical support necessary for support of 
any IOWA Class Battleships in active service.
    Sec. 8013. (a) The provisions of section 115(a)(4) of title 10, 
United States Code, shall not apply with respect to fiscal year 1996 or 
with respect to the appropriation of funds for that year.
    (b) During fiscal year 1996, the civilian personnel of the 
Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (c) The fiscal year 1997 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 1997 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
1996.
    Sec. 8014. Notwithstanding any other provision of law, none of the 
funds made available by this Act shall be used by the Department of 
Defense to exceed, outside the fifty United States, its territories, 
and the District of Columbia, 125,000 civilian workyears: Provided, 
That workyears shall be applied as defined in the Federal Personnel 
Manual: Provided further, That workyears expended in dependent student 
hiring programs for disadvantaged youths shall not be included in this 
workyear limitation.
    Sec. 8015. None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8016. None of the funds appropriated by this Act, during the 
current fiscal year and hereafter, shall be obligated for the pay of 
any individual who is initially employed after the date of enactment of 
this Act as a technician in the administration and training of the Army 
Reserve and the maintenance and repair of supplies issued to the Army 
Reserve unless such individual is also a military member of the Army 
Reserve troop program unit that he or she is employed to support. Those 
technicians employed by the Army Reserve in areas other than Army 
Reserve troop program units need only be members of the Selected 
Reserve.
    Sec. 8017. Notwithstanding any other provision of law, during the 
current fiscal year and hereafter, the Secretaries of the Army and Air 
Force may authorize the retention in an active status until age sixty 
of any person who would otherwise be removed from an active status and 
who is employed as a National Guard or Reserve technician in a position 
in which active status in a reserve component of the Army or Air Force 
is required as a condition of that employment.
    Sec. 8018. (a) None of the funds appropriated by this Act shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits under section 
1415(c) of title 38, United States Code, for any member of the armed 
services who, on or after the date of enactment of this Act--
            (1) enlists in the armed services for a period of active 
        duty of less than three years; or
            (2) receives an enlistment bonus under section 308a or 308f 
        of title 37, United States Code,
nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the Treasury 
to the Secretary of Veterans Affairs pursuant to section 2006(d) of 
title 10, United States Code; nor shall the Secretary of Veterans 
Affairs pay such benefits to any such member: Provided, That, in the 
case of a member covered by clause (1), these limitations shall not 
apply to members in combat arms skills or to members who enlist in the 
armed services on or after July 1, 1989, under a program continued or 
established by the Secretary of Defense in fiscal year 1991 to test the 
cost-effective use of special recruiting incentives involving not more 
than nineteen noncombat arms skills approved in advance by the 
Secretary of Defense: Provided further, That this subsection applies 
only to active components of the Army.
    (b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this subsection 
shall not apply to those members who have reenlisted with this option 
prior to October 1, 1987: Provided further, That this subsection 
applies only to active components of the Army.
    Sec. 8019. Funds appropriated in this Act shall be available for 
the payment of not more than 75 percent of the charges of a 
postsecondary educational institution for the tuition or expenses of an 
officer in the Ready Reserve of the Army National Guard or Army Reserve 
for education or training during his off-duty periods, except that no 
part of the charges may be paid unless the officer agrees to remain a 
member of the Ready Reserve for at least four years after completion of 
such training or education.
    Sec. 8020. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of enactment of 
this Act, is performed by more than ten Department of Defense civilian 
employees until a most efficient and cost-effective organization 
analysis is completed on such activity or function and certification of 
the analysis is made to the Committees on Appropriations of the House 
of Representatives and the Senate: Provided, That this section shall 
not apply to a commercial or industrial type function of the Department 
of Defense that: (1) is included on the procurement list established 
pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47), 
popularly referred to as the Javits-Wagner-O'Day Act; (2) is planned to 
be converted to performance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for other severely handicapped 
individuals in accordance with that Act; or (3) is planned to be 
converted to performance by a qualified firm under 51 percent Native 
American ownership.
    Sec. 8021. Notwithstanding any other provision of law, the 
Secretary of the Navy may use funds appropriated to charter ships to be 
used as auxiliary minesweepers providing that the owner agrees that 
these ships may be activated as Navy Reserve ships with Navy Reserve 
crews used in training exercises conducted in accordance with law and 
policies governing Naval Reserve forces.
    Sec. 8022. For the purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177) as amended by the 
Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 
(Public Law 100-119) and by the Budget Enforcement Act of 1990 (Public 
Law 101-508), the term program, project, and activity for 
appropriations contained in this Act shall be defined as the most 
specific level of budget items identified in the Department of Defense 
Appropriations Act, 1996, the accompanying House and Senate Committee 
reports, the conference report and accompanying joint explanatory 
statement of the managers of the Committee of Conference, the related 
classified annexes and reports, and the P-1 and R-1 budget 
justification documents as subsequently modified by Congressional 
action: Provided, That the following exception to the above definition 
shall apply:
    For the Military Personnel and the Operation and Maintenance 
accounts, the term ``program, project, and activity'' is defined as the 
appropriations accounts contained in the Department of Defense 
Appropriations Act: Provided further, That at the time the President 
submits his budget for fiscal year 1997, the Department of Defense 
shall transmit to the Committees on Appropriations and the Committees 
on Armed Services of the Senate and the House of Representatives a 
budget justification document to be known as the ``O-1'' which shall 
identify, at the budget activity, activity group, and subactivity group 
level, the amounts requested by the President to be appropriated to the 
Department of Defense for operation and maintenance in any budget 
request, or amended budget request, for fiscal year 1997.
    Sec. 8023. Of the funds made available by this Act in title III, 
Procurement, $8,000,000, drawn pro rata from each appropriations 
account in title III, shall be available for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974, 25 
U.S.C. 1544. These payments shall be available only to contractors 
which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d), 
and according to regulations which shall be promulgated by the 
Secretary of Defense within 90 days of the passage of this Act.
    Sec. 8024. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to procure or 
acquire (1) defensive handguns unless such handguns are the M9 or M11 
9mm Department of Defense standard handguns, or (2) offensive handguns 
except for the Special Operations Forces: Provided, That the foregoing 
shall not apply to handguns and ammunition for marksmanship 
competitions.

                          (transfer of funds)

    Sec. 8025. Notwithstanding any other provision of law, the 
Department of Defense may transfer prior year, unobligated balances and 
funds appropriated in this Act to the operation and maintenance 
appropriations for the purpose of providing military technician and 
Department of Defense medical personnel pay and medical programs 
(including CHAMPUS) the same exemption from sequestration set forth in 
the Balanced Budget and Emergency Deficit Control Act of 1985 (Public 
Law 99-177) as amended by the Balanced Budget and Emergency Deficit 
Control Reaffirmation Act of 1987 (Public Law 100-119) and by the 
Budget Enforcement Act of 1990 (Public Law 101-508) as that granted the 
other military personnel accounts: Provided, That any transfer made 
pursuant to any use of the authority provided by this provision shall 
be limited so that the amounts reprogrammed to the operation and 
maintenance appropriations do not exceed the amounts sequestered under 
the Balanced Budget and Emergency Deficit Control Act of 1985 (Public 
Law 99-177) as amended by the Balanced Budget and Emergency Deficit 
Control Reaffirmation Act of 1987 (Public Law 100-119) and by the 
Budget Enforcement Act of 1990 (Public Law 101-508): Provided further, 
That the authority to make transfers pursuant to this section is in 
addition to the authority to make transfers under other provisions of 
this Act: Provided further, That the Secretary of Defense may proceed 
with such transfer after notifying the Appropriations Committees of the 
House of Representatives and the Senate twenty calendar days in session 
before any such transfer of funds under this provision.
    Sec. 8026. None of the funds available to the Department of the 
Navy may be used to enter into any contract for the overhaul, repair, 
or maintenance of any naval vessel homeported on the West Coast of the 
United States which includes charges for interport differential as an 
evaluation factor for award.
    Sec. 8027. None of the funds appropriated by this Act available for 
the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) shall be available for the reimbursement of any health care 
provider for inpatient mental health service for care received when a 
patient is referred to a provider of inpatient mental health care or 
residential treatment care by a medical or health care professional 
having an economic interest in the facility to which the patient is 
referred: Provided, That this limitation does not apply in the case of 
inpatient mental health services provided under the program for the 
handicapped under subsection (d) of section 1079 of title 10, United 
States Code, provided as partial hospital care, or provided pursuant to 
a waiver authorized by the Secretary of Defense because of medical or 
psychological circumstances of the patient that are confirmed by a 
health professional who is not a Federal employee after a review, 
pursuant to rules prescribed by the Secretary, which takes into account 
the appropriate level of care for the patient, the intensity of 
services required by the patient, and the availability of that care.
    Sec. 8028. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an annual 
meeting in the United States, under such regulations as the Secretary 
of Defense may prescribe.
    Sec. 8029. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa: Provided, That 
notwithstanding any other provision of law, funds available to the 
Department of Defense shall be made available to provide transportation 
of medical supplies and equipment, on a nonreimbursable basis, to the 
Indian Health Service when it is in conjunction with a civil-military 
project.
    Sec. 8030. Notwithstanding any other provision of law, during the 
current fiscal year, the Secretary of Defense may, by Executive 
Agreement, establish with host nation governments in NATO member states 
a separate account into which such residual value amounts negotiated in 
the return of United States military installations in NATO member 
states may be deposited, in the currency of the host nation, in lieu of 
direct monetary transfers to the United States Treasury: Provided, That 
such credits may be utilized only for the construction of facilities to 
support United States military forces in that host nation, or such real 
property maintenance and base operating costs that are currently 
executed through monetary transfers to such host nations: Provided 
further, That the Department of Defense's budget submission for fiscal 
year 1997 shall identify such sums anticipated in residual value 
settlements, and identify such construction, real property maintenance 
or base operating costs that shall be funded by the host nation through 
such credits: Provided further, That all military construction projects 
to be executed from such accounts must be previously approved in a 
prior Act of Congress: Provided further, That each such Executive 
Agreement with a NATO member host nation shall be reported to the 
Committees on Appropriations and Armed Services of the House of 
Representatives and the Senate thirty days prior to the conclusion and 
endorsement of any such agreement established under this provision.
    Sec. 8031. None of the funds available to the Department of Defense 
in this Act shall be used to demilitarize or dispose of more than 
310,784 unserviceable M-1 Garand rifles and M-1 Carbines.
    Sec. 8032. Notwithstanding any other provision of law, none of the 
funds appropriated by this Act shall be available to pay more than 50 
percent of an amount paid to any person under section 308 of title 37, 
United States Code, in a lump sum.
    Sec. 8033. None of the funds appropriated during the current fiscal 
year and hereafter, may be used by the Department of Defense to assign 
a supervisor's title or grade when the number of people he or she 
supervises is considered as a basis for this determination: Provided, 
That savings that result from this provision are represented as such in 
future budget proposals.
    Sec. 8034. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense in fiscal year 1996 for 
construction or service performed in whole or in part in a State which 
is not contiguous with another State and has an unemployment rate in 
excess of the national average rate of unemployment as determined by 
the Secretary of Labor shall include a provision requiring the 
contractor to employ, for the purpose of performing that portion of the 
contract in such State that is not contiguous with another State, 
individuals who are residents of such State and who, in the case of any 
craft or trade, possess or would be able to acquire promptly the 
necessary skills: Provided, That the Secretary of Defense may waive the 
requirements of this section in the interest of national security.
    Sec. 8035. During the current fiscal year, funds appropriated or 
otherwise available for any Federal agency, the Congress, the judicial 
branch, or the District of Columbia may be used for the pay, 
allowances, and benefits of an employee as defined by section 2105 of 
title 5 or an individual employed by the government of the District of 
Columbia, permanent or temporary indefinite, who--
            (1) is a member of a Reserve component of the Armed Forces, 
        as described in section 261 of title 10, or the National Guard, 
        as described in section 101 of title 32;
            (2) performs, for the purpose of providing military aid to 
        enforce the law or providing assistance to civil authorities in 
        the protection or saving of life or property or prevention of 
        injury--
                    (A) Federal service under section 331, 332, 333, 
                3500, or 8500 of title 10, or other provision of law, 
                as applicable, or
                    (B) full-time military service for his State, the 
                District of Columbia, the Commonwealth of Puerto Rico, 
                or a territory of the United States; and
            (3) requests and is granted--
                    (A) leave under the authority of this section; or
                    (B) annual leave, which may be granted without 
                regard to the provisions of sections 5519 and 6323(b) 
                of title 5, if such employee is otherwise entitled to 
                such annual leave:
Provided, That any employee who requests leave under subsection (3)(A) 
for service described in subsection (2) of this section is entitled to 
such leave, subject to the provisions of this section and of the last 
sentence of section 6323(b) of title 5, and such leave shall be 
considered leave under section 6323(b) of title 5.
    Sec. 8036. None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of twenty-
four months after initiation of such study with respect to a single 
function activity or forty-eight months after initiation of such study 
for a multi-function activity.
    Sec. 8037. Funds appropriated by this Act for the American Forces 
Information Service shall not be used for any national or international 
political or psychological activities.
    Sec. 8038. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
    Sec. 8039. Of the funds made available in this Act, not less than 
$24,197,000 shall be available for the Civil Air Patrol, of which 
$14,259,000 shall be available for Operation and Maintenance.
    Sec. 8040. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act.
    Sec. 8041. (a) Of the funds for the procurement of supplies or 
services appropriated by this Act, qualified nonprofit agencies for the 
blind or other severely handicapped shall be afforded the maximum 
practicable opportunity to participate as subcontractors and suppliers 
in the performance of contracts let by the Department of Defense.
    (b) During the current fiscal year, a business concern which has 
negotiated with a military service or defense agency a subcontracting 
plan for the participation by small business concerns pursuant to 
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be 
given credit toward meeting that subcontracting goal for any purchases 
made from qualified nonprofit agencies for the blind or other severely 
handicapped.
    (c) For the purpose of this section, the phrase ``qualified 
nonprofit agency for the blind or other severely handicapped'' means a 
nonprofit agency for the blind or other severely handicapped that has 
been approved by the Committee for the Purchase from the Blind and 
Other Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 
46-48).
    Sec. 8042. During the current fiscal year, net receipts pursuant to 
collections from third party payers pursuant to section 1095 of title 
10, United States Code, shall be made available to the local facility 
of the uniformed services responsible for the collections and shall be 
over and above the facility's direct budget amount.
    Sec. 8043. Notwithstanding any other provision of law, of the funds 
appropriated for the Defense Health Program during this fiscal year and 
hereafter, the amount payable for services provided under this section 
shall not be less than the amount calculated under the coordination of 
benefits reimbursement formula utilized when CHAMPUS is a secondary 
payor to medical insurance programs other than Medicare, and such 
appropriations as necessary shall be available (notwithstanding the 
last sentence of section 1086(c) of title 10, United States Code) to 
continue Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) benefits, until age 65, under such section for a former 
member of a uniformed service who is entitled to retired or retainer 
pay or equivalent pay, or a dependent of such a member, or any other 
beneficiary described by section 1086(c) of title 10, United States 
Code, who becomes eligible for hospital insurance benefits under part A 
of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) 
solely on the grounds of physical disability, or end stage renal 
disease: Provided, That expenses under this section shall only be 
covered to the extent that such expenses are not covered under parts A 
and B of title XVIII of the Social Security Act and are otherwise 
covered under CHAMPUS: Provided further, That no reimbursement shall be 
made for services provided prior to October 1, 1991.
    Sec. 8044. During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$250,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, That, upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriation or fund which incurred such obligations.
    Sec. 8045. None of the unobligated balances available in the 
National Defense Stockpile Transaction Fund during the current fiscal 
year may be obligated or expended to finance any grant or contract to 
conduct research, development, test and evaluation activities for the 
development or production of advanced materials, unless amounts for 
such purposes are specifically appropriated in a subsequent 
appropriations Act.
    Sec. 8046. For the purposes of this Act, the term ``congressional 
defense committees'' means the National Security Committee of the House 
of Representatives, the Armed Services Committee of the Senate, the 
subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on National Security of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8047. Notwithstanding any other provision of law, during the 
current fiscal year, the Department of Defense may acquire the 
modification, depot maintenance and repair of aircraft, vehicles and 
vessels as well as the production of components and other Defense-
related articles, through competition between Department of Defense 
depot maintenance activities and private firms: Provided, That the 
Senior Acquisition Executive of the military department or defense 
agency concerned, with power of delegation, shall certify that 
successful bids include comparable estimates of all direct and indirect 
costs for both public and private bids: Provided further, That Office 
of Management and Budget Circular A-76 shall not apply to competitions 
conducted under this section.
    Sec. 8048. None of the funds appropriated by this Act shall be used 
for the support of any nonappropriated funds activity of the Department 
of Defense that procures malt beverages and wine with nonappropriated 
funds for resale (including such alcoholic beverages sold by the drink) 
on a military installation located in the United States unless such 
malt beverages and wine are procured within that State, or in the case 
of the District of Columbia, within the District of Columbia, in which 
the military installation is located: Provided, That in a case in which 
the military installation is located in more than one State, purchases 
may be made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt beverages 
and wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another State: 
Provided further, That alcoholic beverages other than wine and malt 
beverages, in contiguous States and the District of Columbia shall be 
procured from the most competitive source, price and other factors 
considered.
    Sec. 8049. Appropriations contained in this Act that remain 
available at the end of the current fiscal year as a result of energy 
cost savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the extent, and 
for the purposes, provided in section 2865 of title 10, United States 
Code.
    Sec. 8050. During the current fiscal year, voluntary separation 
incentives payable under 10 U.S.C. 1175 may be paid in such amounts as 
are necessary from the assets of the Voluntary Separation Incentive 
Fund established by section 1175(h)(1).

                     (including transfer of funds)

    Sec. 8051. Amounts deposited during the current fiscal year and 
hereafter to the special account established under 40 U.S.C. 485(h)(2) 
and to the special account established under 10 U.S.C. 2667(d)(1) are 
appropriated and shall be available until transferred by the Secretary 
of Defense to current applicable appropriations or funds of the 
Department of Defense under the terms and conditions specified by 40 
U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged 
with and to be available for the same time period and the same purposes 
as the appropriation to which transferred.
    Sec. 8052. None of the funds in this or any other Act shall be 
available for the preparation of studies on--
            (a) the feasibility of removal and transportation of 
        unitary chemical weapons from the eight chemical storage sites 
        within the continental United States to Johnston Atoll: 
        Provided, That this prohibition shall not apply to General 
        Accounting Office studies requested by a Member of Congress or 
        a Congressional Committee; and
            (b) the potential future uses of the nine chemical disposal 
        facilities other than for the destruction of stockpile chemical 
        munitions and as limited by section 1412(c)(2), Public Law 99-
        145: Provided, That this prohibition does not apply to future 
        use studies for the CAMDS facility at Tooele, Utah.
    Sec. 8053. During the current fiscal year, appropriations available 
to the Department of Defense may be used to reimburse a member of a 
reserve component of the Armed Forces who is not otherwise entitled to 
travel and transportation allowances and who occupies transient 
government housing while performing active duty for training or 
inactive duty training: Provided, That such members may be provided 
lodging in kind if transient government quarters are unavailable as if 
the member was entitled to such allowances under subsection (a) of 
section 404 of title 37, United States Code: Provided further, That if 
lodging in kind is provided, any authorized service charge or cost of 
such lodging may be paid directly from funds appropriated for operation 
and maintenance of the reserve component of the member concerned.
    Sec. 8054. For fiscal year 1996, the total amount appropriated to 
fund the Uniformed Services Treatment Facilities program, operated 
pursuant to section 911 of Public Law 97-99 (42 U.S.C. 248c), is 
limited to $329,000,000, of which not more than $300,000,000 may be 
provided by the funds appropriated by this Act.
    Sec. 8055. Notwithstanding any other provision of law, the Naval 
shipyards of the United States shall be eligible to participate in any 
manufacturing extension program financed by funds appropriated in this 
or any other Act.
    Sec. 8056. During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8057. During the current fiscal year, annual payments granted 
under the provisions of section 4416 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-428; 106 Stat. 
2714) shall be made from appropriations in this Act which are available 
for the pay of reserve component personnel.
    Sec. 8058. During the current fiscal year, appropriations available 
for the pay and allowances of active duty members of the Armed Forces 
shall be available to pay the retired pay which is payable pursuant to 
section 4403 of Public Law 102-484 (10 U.S.C. 1293 note) under the 
terms and conditions provided in section 4403.
    Sec. 8059. None of the funds provided in this Act shall be 
available for use by a Military Department to modify an aircraft, 
weapon, ship or other item of equipment, that the Military Department 
concerned plans to retire or otherwise dispose of within five years 
after completion of the modification: Provided, That this prohibition 
shall not apply to safety modifications: Provided further, That this 
prohibition may be waived by the Secretary of a Military Department if 
the Secretary determines it is in the best national security interest 
of the United States to provide such waiver and so notifies the 
congressional defense committees in writing.
    Sec. 8060. None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 1997.
    Sec. 8061. Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8062. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
transportation of chemical munitions to the Johnston Atoll for the 
purpose of storing or demilitarizing such munitions.
    (b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition of the United States found in 
the World War II Pacific Theater of Operations.
    (c) The President may suspend the application of subsection (a) 
during a period of war in which the United States is a party.
    Sec. 8063. Amounts collected for the use of the facilities of the 
National Science Center for Communications and Electronics during the 
current fiscal year pursuant to section 1459(g) of the Department of 
Defense Authorization Act, 1986 and deposited to the special account 
established under subsection 1459(g)(2) of that Act are appropriated 
and shall be available until expended for the operation and maintenance 
of the Center as provided for in subsection 1459(g)(2).
    Sec. 8064. None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means title 
III of the Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 1934, 
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
    Sec. 8065. Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $8,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation, on Indian lands resulting from Department 
of Defense activities.
    Sec. 8066. None of the funds appropriated by this Act shall be 
available for a contract for studies, analyses, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work,
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source, or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract is 
in the interest of the national defense.
    Sec. 8067. To the extent authorized in law, the Secretary of 
Defense shall issue loan guarantees in support of U.S. defense exports 
not otherwise provided for: Provided, That the total contingent 
liability of the United States for guarantees issues under the 
authority of this section may not exceed $15,000,000,000: Provided 
further, That the exposure fees charged and collected by the Secretary 
for each guarantee, shall be paid by the country involved and shall not 
be financed as part of a loan guaranteed by the United States: Provided 
further, That the Secretary shall provide quarterly reports to the 
Committees on Appropriations, Armed Services and Foreign Relations of 
the Senate and the Committees of Appropriations, National Security and 
International Relations in the House of Representatives on the 
implementation of this program.
    Sec. 8068. Funds appropriated by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 1996 until the enactment of the Intelligence 
Authorization Act for fiscal year 1996.
    Sec. 8069. None of the funds provided in this Act may be obligated 
or expended for the sale of zinc in the National Defense Stockpile if 
zinc commodity prices decline more than five percent below the London 
Metals Exchange market price reported on the date of enactment of this 
Act.
    Sec. 8070. During the current fiscal year, funds appropriated in 
this Act are available to compensate members of the National Guard for 
duty performed pursuant to a plan submitted by a Governor of a State 
and approved by the Secretary of Defense under section 112 of title 32, 
United States Code: Provided, That during the performance of such duty, 
the members of the National Guard shall be under State command and 
control: Provided further, That such duty shall be treated as full-time 
National Guard duty for purposes of sections 3686(2) and 8686(2) of 
title 10, United States Code.
    Sec. 8071. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances, and other expenses which would otherwise be incurred 
against appropriations of the National Guard and Reserve when members 
of the National Guard and Reserve provide intelligence support to 
Unified Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the General 
Defense Intelligence Program and the Consolidated Cryptologic Program: 
Provided, That nothing in this section authorizes deviation from 
established Reserve and National Guard personnel and training 
procedures.
    Sec. 8072. All refunds or other amounts collected in the 
administration of the Civilian Health and Medical Program of the 
Uniformed Services (CHAMPUS) shall be credited to current year 
appropriations.

                              (rescission)

    Sec. 8073. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts in the specified amounts:
            ``Procurement of Ammunition, Army, 1993/1995'', 
        $15,000,000;
            ``Aircraft Procurement, Air Force, 1994/1996'', 
        $53,654,000;
            ``Aircraft Procurement, Air Force, 1995/1997'', 
        $53,100,000;
            ``Shipbuilding and Conversion, Navy, 1991/1995'', 
        $13,570,000;
            ``Other Procurement, Navy, 1995/1997'', $8,600,000;
            ``Research, Development, Test and Evaluation, Army, 1994/
        1995'', $242,000;
            ``Research, Development, Test and Evaluation, Army, 1995/
        1996'', $11,156,000;
            ``Research, Development, Test and Evaluation, Navy, 1994/
        1995'', $4,416,000;
            ``Research, Development, Test and Evaluation, Navy, 1995/
        1996'', $10,150,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        1994/1995'', $46,589,000; and
            ``Research, Development, Test and Evaluation, Air Force, 
        1995/1996'', $15,767,000.
    Sec. 8074. None of the funds in this or any other Act may be used 
to implement the plan to reorganize the regional headquarters and basic 
camps structure of the Reserve Officer Training Corps program of the 
Army until the Comptroller General of the United States has certified 
to the congressional defense committees that the methodology and 
evaluation of the potential sites were consistent with the established 
criteria for the consolidation, that all data used by the Army in the 
evaluation was accurate and complete, and that the conclusions reached 
are based upon the total costs of the Army's final plan to establish 
the Eastern Reserve Officer Training Corps Headquarters at Fort 
Benning, Georgia: Provided, That all cost, including Military 
Construction, shall be considered as well as an analysis of the impact 
of the consolidation on the surrounding communities for all affected 
installations.
    Sec. 8075. During the current fiscal year, the minimum number of 
personnel employed as military reserve technicians (as defined in 
section 8401(30) of title 5, United States Code) for reserve components 
as of the last day of the fiscal year shall be as follows:
            For the Army National Guard, 25,750;
            For the Army Reserve, 7,000;
            For the Air National Guard, 23,250; and
            For the Air Force Reserve, 10,000:
Provided, That in addition to funds provided elsewhere in this Act, the 
following amounts are appropriated to the following accounts only for 
the pay of military reserve technicians (as defined in section 8401(30) 
of title 5, United States Code):
            Operation and Maintenance, Army Reserve, $24,822,000;
            Operation and Maintenance, Air Force Reserve, $12,800,000;
            Operation and Maintenance, Army National Guard, 
        $27,628,000; and
            Operation and Maintenance, Air National Guard, $30,800,000.
    Sec. 8076. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to or 
programs in the Democratic People's Republic of North Korea unless 
specifically appropriated for that purpose: Provided, That the 
Secretary of Defense and the Secretaries of the military services must 
notify the congressional defense committees within 24 hours of any 
obligation, transfer, or expenditure of funds in excess of $500,000 
pursuant to authorities granted for emergency and extraordinary 
requirements provided in title II of this Act.
    Sec. 8077. (a) None of the funds appropriated in this Act are 
available to establish a new FFRDC, either as a new entity, or as a 
separate entity administered by an organization managing another FFRDC, 
or as a nonprofit membership corporation consisting of a consortium of 
other FFRDCs and other nonprofit entities.
    (b) Limitation on Compensation.--No member of a Board of Directors, 
Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, or any similar entity of a defense FFRDC, and no paid 
consultant to any defense FFRDC, may be compensated for his or her 
services as a member of such entity, or as a paid consultant, except 
under the same conditions, and to the same extent, as members of the 
Defense Science Board: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed travel 
expenses and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the Department of Defense from any source during fiscal 
year 1996 may be used by a defense FFRDC, through a fee or other 
payment mechanism, for charitable contributions, for construction of 
new buildings, for payment of cost sharing for projects funded by 
government grants, or for absorption of contract overruns.
    (d) Notwithstanding any other provision of law, of the amounts 
available to the Department of Defense during fiscal year 1996, not 
more than $1,162,650,000 may be obligated for financing activities of 
defense FFRDCs: Provided, That the total amounts appropriated in titles 
II, III, and IV of this Act are hereby reduced by $90,000,000 to 
reflect the funding ceiling contained in this subsection.
    Sec. 8078. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 1995 level.

                          (transfer of funds)

    Sec. 8079. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the amounts 
transferred shall be available for the same purposes as the 
appropriations to which transferred, and for the same time period as 
the appropriation from which transferred: Provided further, That the 
amounts shall be transferred between the following appropriations in 
the amount specified:
    From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1986/1990'':
                    SSN-688 attack submarine program, $5,051,000;
                    CG-47 cruiser program, $2,500,000;
                    BB battleship reactivation, $4,000,000;
                    T-AGOS SURTASS ship program, $2,135,000;
                    LCAC landing craft air cushion program, $4,800,000;
                    For craft, outfitting, post delivery, and cost 
                growth, $8,660,000;
                    Weapons Procurement, Navy, 1994/1996, $30,900,000;
                    Other Procurement, Navy, 1994/1996, $9,200,000;
                    Aircraft procurement, Navy, 1994/1996, $2,056,000;
    To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1986/1990'':
                    MSH coastal mine hunter program, $69,302,000;
    From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1988/1992'':
                    SSN-688 attack submarine program, $1,500,000;
    To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1988/1992'':
                    T-ACS auxilary crane ship program, $1,500,000;
    From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1989/1993'':
                    SSN-688 attack submarine program, $23,535,000;
                    DDG-51 destroyer program, $33,700,000;
                    T-AO fleet oiler program, $38,969,000;
    To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1989/1993'':
                    SSN-21 attack submarine program, $65,886,000;
                    MHC coastal mine hunter program, $30,318,000;
    From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1990/1994'':
                    SSN-688 attack submarine program, $1,907,000;
                    DDG-51 destroyer program, $22,669,000;
                    For craft, outfitting and post delivery, 
                $3,900,000;
                    Aircraft Procurement, Navy, 1994/1996, $17,944,000;
                    Procurement of Ammunition, Navy and Marine Corps, 
                1995/1997, $5,116,000;
    To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1990/1994'':
                    MHC coastal mine hunter, $9,536,000;
                    T-AGOS surveillance ship program, $42,000,000;
    From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1991/1995'':
                    SSN-21 attack submarine program, $18,330,000;
    To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1991/1995'':
                    LHD-1 amphibious assault ship program, $6,178,000;
                    MHC coastal mine hunter program, $12,152,000;
    From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1992/1996'':
                    DDG-51 destroyer program, $5,315,000;
                    For craft, outfitting, post delivery, and DBOF 
                transfer, $9,675,000;
                    For escalation, $3,347,000;
                    Weapons Procurement, Navy, 1995/1997, $7,500,000;
                    Procurement, Marine Corps, 1995/1997, $378,000;
                    Other Procurement, Navy, 1995/1997, $355,000;
                    Aircraft Procurement, Navy, 1995/1997, $3,600,000;
                    Research, Development, Test and Evaluation, Navy, 
                1995/1996, $5,600,000;
    To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1992/1996'':
                    MHC coastal mine hunter program, $35,770,000;
    From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1993/1997'':
                    LSD-41 cargo variant ship program, $1,600,000;
                    For craft, outfitting, post delivery, and first 
                destination transportation, and inflation adjustments, 
                $5,627,000;
                    Procurement of Ammunition, Navy and Marine Corps, 
                1995/1997, $1,784,000;
                    Other Procurement, Navy, 1995/1997, $645,000.
    To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1993/1997'':
                    DDG-51 destroyer program, $7,356,000;
                    AOE combat support ship program, $2,300,000;
    From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1994/1998'':
                    MCS(C) program, $5,300,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1995/1999'':
                    Nuclear submarine main steam condensor industrial 
                base, $900,000;
    To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1994/1998'':
                    LHD program, $6,200,000.
    Sec. 8080. The Department shall include, in the operation of 
TRICARE Regions 7/8, a region-wide wraparound care package that 
requires providers of residential treatment services to share financial 
risk through case rate reimbursement, to include planning and 
individualized wraparound services to prevent recidivism.
    Sec. 8081. None of the funds available to the Department of Defense 
shall be available to make progress payments based on costs to large 
business concerns at rates lower than 85 percent on contract 
solicitations issued after enactment of this Act.
    Sec. 8082. Notwithstanding any other provision of law, the 
Department of Defense shall execute payment in not more than 24 days 
after receipt of a proper invoice.
    Sec. 8083. Funds provided in title II of this Act for real Property 
Maintenance may be obligated and expended for the renovation, 
refurbishment and modernization of bachelor enlisted living quarters up 
to a level of $1,000,000 per facility project.
    Sec. 8084. None of the funds appropriated by this Act may be used 
to carry out the ship depot maintenance solicitation policy issued by 
the Secretary of the Navy in a memorandum dated 16 June 1995.
    Sec. 8085. None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin.
    Sec. 8086. None of the funds appropriated or otherwise made 
available under this Act may be used for the destruction of pentaborane 
currently stored at Edwards Air Force Base, California, until the 
Secretary of Energy certifies to the congressional defense committees 
that the Secretary does not intend to use the pentaborane or the by-
products of such destruction at the Idaho National Engineering 
Laboratory for--
            (1) environmental remediation of high level, liquid 
        radioactive waste; or
            (2) as a source of raw materials for boron drugs for Boron 
        Neutron Capture Therapy.
    Sec. 8087. (a) Energy Savings at Federal Facilities.--The head of 
each agency for which funds are made available under this Act shall 
take all actions necessary to achieve during fiscal year 1996 a 5 
percent reduction, from fiscal year 1995 levels, in the energy costs of 
the facilities used by the agency.
    (b) Use of Cost Savings.--An amount equal to the amount of cost 
savings realized by an agency under subsection (a) shall remain 
available for obligation through the end of fiscal year 1997, without 
further authorization or appropriation, as follows:
            (1) Conservation measures.--Fifty percent of the amount 
        shall remain available for the implementation of additional 
        energy conservation measures and for water conservation 
        measures at such facilities used by the agency as are 
        designated by the head of the agency.
            (2) Other purposes.--Fifty percent of the amount shall 
        remain available for use by the agency for such purposes as are 
        designated by the head of the agency, consistent with 
        applicable law.
    (c) Report.--
            (1) In general.--Not later than December 31, 1996, the head 
        of each agency described in subsection (a) shall submit a 
        report to Congress specifying the results of the actions taken 
        under subsection (a) and providing any recommendations 
        concerning how to further reduce energy costs and energy 
        consumption in the future.
            (2) Contents.--Each report shall--
                    (A) specify the total energy costs of the 
                facilities used by the agency;
                    (B) identify the reductions achieved; and
                    (C) specify the actions that resulted in the 
                reductions.
    Sec. 8088. (a)(1) Not later than October 1, 1995, the Secretary of 
Defense shall require that each disbursement by the Department of 
Defense in an amount in excess of $1,000,000 be matched to a particular 
obligation before the disbursement is made.
    (2) Not later than September 30, 1996, the Secretary of Defense 
shall require that each disbursement by the Department of Defense in an 
amount in excess of $500,000 be matched to a particular obligation 
before the disbursement is made.
    (b) The Secretary shall ensure that a disbursement in excess of the 
threshold amount applicable under subsection (a) is not divided into 
multiple disbursements of less than that amount for the purpose of 
avoiding the applicability of such subsection to that disbursement.
    (c) The Secretary of Defense may waive a requirement for advance 
matching of a disbursement of the Department of Defense with a 
particular obligation in the case of (1) a disbursement involving 
deployed forces, (2) a disbursement for an operation in a war declared 
by Congress or a national emergency declared by the President or 
Congress, or (3) a disbursement under any other circumstances for which 
the waiver is necessary in the national security interests of the 
United States, as determined by the Secretary and certified by the 
Secretary to the congressional defense committees.
    (d) This section shall not be construed to limit the authority of 
the Secretary of Defense to require that a disbursement not in excess 
of the amount applicable under subsection (a) be matched to a 
particular obligation before the disbursement is made.
    Sec. 8089. (a) Except as provided in subsection (b), the total 
amount obligated or expended for procurement of the SSN-21, SSN-22, and 
SSN-23 Seawolf class submarines may not exceed $7,223,695,000.
    (b) The amount of the limitation set forth in subsection (a) is 
increased after fiscal year 1995 by the following amounts:
            (1) The amounts of outfitting costs and post-delivery costs 
        incurred for the submarines referred to in such subsection.
            (2) The amounts of increases in costs attributable to 
        economic inflation after fiscal year 1995.
            (3) The amounts of increases in costs attributable to 
        compliance with changes in Federal, State, or local laws 
        enacted after fiscal year 1995.

SEC. 8090 RESTRICTION ON REIMBURSEMENT OF COSTS.

    None of the funds provided in this Act may be obligated for payment 
on new contracts on which allowable costs charged to the government 
include payments for individual compensation at a rate in excess of 
$250,000 per year.
    Sec. 8091. None of the funds available to the Department of Defense 
during fiscal year 1996 may be obligated or expended to support or 
finance the activities of the Defense Policy Advisory Committee on 
Trade.

SEC. 8092. PROHIBITION OF PAY AND ALLOWANCES FOR MILITARY PERSONNEL 
              CONVICTED OF SERIOUS CRIMES.

    (a) Notwithstanding any other provision of law, none of the funds 
appropriated by this Act shall be obligated for the pay or allowances 
of any member of the Armed Forces who has been sentenced by a court-
martial to any sentence that includes confinement for one year or more, 
death, dishonorable discharge, bad-conduct discharge, or dismissal 
during any period of confinement or parole.
    (b) In a case involving an accused who has dependents, the 
convening authority or other person acting under title 10, section 860, 
may waive any or all of the forfeitures of pay and allowances required 
by subsection (a) for a period not to exceed six months. Any amount of 
pay or allowances that, except for a waiver under this subsection, 
would be forfeited shall be paid, as the convening authority or other 
person taking action directs, to the dependents of the accused.
    (c) If the sentence of a member who forfeits pay and allowances 
under subsection (a) is set aside or disapproved or, as finally 
approved, does not provide for a punishment referred to in subsection 
(a), the member shall be paid the pay and allowances which the member 
would have been paid, except for the forfeiture, for the period during 
which the forfeiture was in effect.
    Sec. 8093. None of the funds made available in this Act under the 
heading ``Procurement of Ammunition, Army'' may be obligated or 
expended for the procurement of munitions unless such acquisition fully 
complies with the Competition in Contracting Act.
    Sec. 8094. Six months after the date of enactment of this Act the 
General Accounting Office shall report to the Committees on 
Appropriations of the Senate and the House of Representatives on any 
changes in Department of Defense commissary access policy, including 
providing reservists additional or new privileges, and addressing the 
financial impact on the commissaries as a result of any policy changes.
    Sec. 8095. The Secretary of Defense shall develop and provide to 
the congressional defense committees an Electronic Combat Master Plan 
to establish an optimum infrastructure for electronic combat assets no 
later than March 31, 1996.
    Sec. 8096. The Secretary of Defense and the Secretary of the Army 
shall reconsider the decision not to include the infantry military 
occupational specialty among the military skills and specialties for 
which special pays are provided under the Selected Reserve Incentive 
Program.

SEC. 8097. INTERIM LEASES OF PROPERTY APPROVED FOR CLOSURE OR 
              REALIGNMENT.

    Section 2667(f) of title 10, United States Code, is amended by 
adding at the end the following:
    ``(4)(A) Notwithstanding the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the scope of any environmental impact 
analysis necessary to support an interim lease of property under this 
subsection shall be limited to the environmental consequences of 
activities authorized under the proposed lease and the cumulative 
impacts of other past, present, and reasonably foreseeable future 
actions during the period of the proposed lease.
    ``(B) Interim leases entered into under this subsection shall be 
deemed not to prejudice the final property disposal decision, even if 
final property disposal may be delayed until completion of the interim 
lease term. An interim lease under this subsection shall not be entered 
into without prior consultation with the redevelopment authority 
concerned.
    ``(C) The provisions of subparagraphs (A) and (B) shall not apply 
to an interim lease under this subsection if authorized activities 
under the lease would--
            ``(i) significantly effect the quality of the human 
        environment; or
            ``(ii) irreversibly alter the environment in a way that 
        would preclude any reasonable disposal alternative of the 
        property concerned.''.
    Sec. 8098. (a) If, on February 18, 1996, the Secretary of the Navy 
has not certified in writing to the Committees on Appropriations of the 
Senate and the House of Representatives that--
            (1) the Secretary has restructured the new attack submarine 
        program to provide for--
                    (A) procurement of the lead vessel under the 
                program from General Dynamics Corporation Electric Boat 
                Division (hereafter in this section referred to as 
                ``Electric Boat Division'') beginning in fiscal year 
                1998 (subject to the price offered by Electric Boat 
                Division being determined fair and reasonable by the 
                Secretary),
                    (B) procurement of the second vessel under the 
                program from Newport News Shipbuilding and Drydock 
                Company beginning in fiscal year 1999 (subject to the 
                price offered by Newport News Shipbuilding and Drydock 
                Company being determined fair and reasonable by the 
                Secretary), and
                    (C) procurement of other vessels under the program 
                under one or more contracts that are entered into after 
                competition between Electric Boat Division and Newport 
                News Shipbuilding and Drydock Company for which the 
                Secretary shall solicit competitive proposals and award 
                the contract or contracts on the basis of price, and
            (2) the Secretary has directed, as set forth in detail in 
        such certification that--
                    (A) no action is to be taken to terminate or to 
                fail to extend either the existing Planning Yard 
                contract for the Trident class submarines or the 
                existing Planning Yard contract for the SSN-688 Los 
                Angeles class submarines except by reason of a breach 
                of contract by the contractor or an insufficiency of 
                appropriations,
                    (B) no action is to be taken to terminate any 
                existing Lead Design Yard contract for the SSN-21 
                Seawolf class submarines or for the SSN-688 Los Angeles 
                class submarines, except by reason of a breach of 
                contract by the contractor or an insufficiency of 
                appropriations,
                    (C) both Electric Boat Division and Newport News 
                Shipbuilding and Drydock Company are to have access to 
                sufficient information concerning the design of the new 
                attack submarine to ensure that each is capable of 
                constructing the new attack submarine, and
                    (D) no action is to be taken to impair the design, 
                engineering, construction, and maintenance competencies 
                of either Electric Boat Division or Newport News 
                Shipbuilding and Drydock Company to construct the new 
                attack submarine,
then, funds appropriated in title III under the heading ``Shipbuilding 
and Conversion, Navy'' may not be obligated for the SSN-21 attack 
submarine program or for the new attack submarine program (NSSN-1 and 
NSSN-2).
    (b) Funds referred to in subsection (a) for procurement of the lead 
and second vessels under the new attack submarine program may not be 
expended during fiscal year 1996 for the lead vessel under that program 
(other than for class design) unless funds are obligated or expended 
during such fiscal year for a contract in support of procurement of the 
second vessel under the program.

SEC. 8099. LIMITATION ON USE OF FUNDS FOR COOPERATIVE THREAT REDUCTION.

    (a) Limitation.--Of the funds available under title II under the 
heading ``Former Soviet Union Threat Reduction'' for dismantlement and 
destruction of chemical weapons, not more than $52,000,000 may be 
obligated or expended for that purpose until the President certifies to 
Congress the following:
            (1) That the United States and Russia have completed a 
        joint laboratory study evaluating the proposal of Russia to 
        neutralize its chemical weapons and the United States agrees 
        with the proposal.
            (2) That Russia is in the process of preparing, with the 
        assistance of the United States as necessary, a comprehensive 
        plan to manage the dismantlement and destruction of the Russia 
        chemical weapons stockpile.
            (3) That the United States and Russia are committed to 
        resolving outstanding issues under the 1989 Wyoming Memorandum 
        of Understanding and the 1990 Bilateral Destruction Agreement.
    (b) Definitions.--In this section:
            (1) The term ``1989 Wyoming Memorandum of Understanding'' 
        means the Memorandum of Understanding between the Government of 
        the United States of America and the Government of the Union of 
        Soviet Socialist Republics Regarding a Bilateral Verification 
        Experiment and Data Exchange Related to Prohibition on Chemical 
        Weapons, signed at Jackson Hole, Wyoming, on September 23, 
        1989.
            (2) The term ``1990 Bilateral Destruction Agreement'' means 
        the Agreement between the United States of America and the 
        Union of Soviet Socialist Republics on destruction and non-
        production of chemical weapons and on measures to facilitate 
        the multilateral convention on banning chemical weapons signed 
        on June 1, 1990.

SEC. 8100. SENSE OF SENATE REGARDING UNDERGROUND NUCLEAR TESTING.

    (a) Findings.--The Senate makes the following findings:
            (1) The President of France stated on June 13, 1995, that 
        the Republic of France plans to conduct eight nuclear test 
        explosions over the next several months.
            (2) The People's Republic of China continues to conduct 
        underground nuclear weapons tests.
            (3) The United States, France, Russia, and Great Britain 
        have observed a moratorium on nuclear testing since 1992.
            (4) A resumption of testing by the Republic of France could 
        result in the disintegration of the current testing moratorium 
        and a renewal of underground testing by other nuclear weapon 
        states.
            (5) A resumption of nuclear testing by the Republic of 
        France raises serious environmental and health concerns.
            (6) The United Nations Conference on Disarmament presently 
        is meeting in Geneva, Switzerland, for the purpose of 
        negotiating a Comprehensive Nuclear Test Ban Treaty (CTBT), 
        which would halt permanently the practice of conducting nuclear 
        test explosions.
            (7) Continued underground weapons testing by the Republic 
        of France and the People's Republic of China undermines the 
        efforts of the international community to conclude a CTBT by 
        1996, a goal endorsed by 175 nations, at the recently completed 
        NPT Extension and Review Conference (the conference for the 
        extension and review of the Nuclear Non-Proliferation Treaty).
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Republic of France and the People's Republic of China should abide by 
the current international moratorium on nuclear test explosions and 
refrain from conducting underground nuclear tests in advance of a 
Comprehensive Test Ban Treaty.

SEC. 8101. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.

    (a) Approval Beyond Low-Rate Initial Production.--The Secretary of 
Defense may not approve a theater missile defense interceptor program 
beyond the low-rate initial production acquisition stage until the 
Secretary certifies to the congressional defense committees that the 
program--
            (1) has successfully completed initial operational test and 
        evaluation; and
            (2) involves a suitable and effective system.
    (b) Certification Requirements.--(1) In order to be certified under 
subsection (a), the initial operational test and evaluation conducted 
with respect to a program shall include flight tests--
            (A) that were conducted with multiple interceptors and 
        multiple targets in the presence of realistic countermeasures; 
        and
            (B) the results of which demonstrate the achievement of 
        baseline performance thresholds by such interceptors.
    (2) The Director of Operational Test and Evaluation shall specify 
the number of flight tests required with respect to a program under 
paragraph (1) in order to make a certification referred to in 
subsection (a).
    (3) The Secretary may utilize modeling and simulation validated by 
ground and flight testing in order to augment flight testing to 
demonstrate weapons system performance for purposes of a certification 
under subsection (a).
    (c) Reports.--(1) The Director of Operational Test and Evaluation 
and the head of the Ballistic Missile Defense Organization shall 
include in the annual reports to Congress of such officials plans to 
test adequately theater missile defense interceptor programs throughout 
the acquisition process.
    (2) As each theater missile defense system progresses through the 
acquisition process, the officials referred to in paragraph (1) shall 
include in the annual reports to Congress of such officials an 
assessment of the extent to which such programs satisfy the planned 
test objectives for such programs.
    (d) Definition.--For purposes of this section, the baseline 
performance thresholds for a program are the weapon system performance 
thresholds specified in the baseline description for the weapon system 
established pursuant to section 2435(a)(1) of title 10, United States 
Code, before the program entered into the engineering and manufacturing 
development stage.

SEC. 8102. ELIGIBILITY FOR DEFENSE DUAL-USE ASSISTANCE EXTENSION 
              PROGRAM.

    Section 2524(e) of title 10, United States Code, is amended--
            (1) in paragraph (3), by striking out ``at least 25 percent 
        of the value of the borrower's sales during the preceding 
        year'' in the matter preceding subparagraph (A) and inserting 
        in lieu thereof ``at least 25 percent of the amount equal to 
        the average value of the borrower's sales during the preceding 
        5 fiscal years'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):
    ``(4) A borrower that meets the selection criteria set forth in 
paragraph (2) and subsection (f) is also eligible for a loan guarantee 
under subsection (b)(3) if the borrower is a former defense worker 
whose employment as such a worker was terminated as a result of a 
reduction in expenditures by the United States for defense, the 
termination or cancellation of a defense contract, the failure to 
proceed with an approved major weapon system, the merger or 
consolidation of the operations of a defense contractor, or the closure 
or realignment of a military installation.''.
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 1996''.
            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                               H. R. 2126

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