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:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 1996, and for other pur4 poses, namely:

5 TITLE I

6 MILITARY PERSONNEL

7 MILITARY PERSONNEL, ARMY

8 For pay, allowances, individual clothing, interest on

9 deposits, gratuities, permanent change of station travel (in10 cluding all expenses thereof for organizational movements),
2

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1 and expenses of temporary duty travel between permanent

2 duty stations, for members of the Army on active duty (ex3 cept members of reserve components provided for elsewhere),

4 cadets, and aviation cadets; and for payments pursuant to

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

6 402 note), to section 229(b) of the Social Security Act (42

7 U.S.C. 429(b)), and to the Department of Defense Military

8 Retirement Fund; $19,776,587,000.

9 MILITARY PERSONNEL, NAVY

10 For pay, allowances, individual clothing, interest on

11 deposits, gratuities, permanent change of station travel (in12 cluding all expenses thereof for organizational movements),

13 and expenses of temporary duty travel between permanent

14 duty stations, for members of the Navy on active duty (ex15 cept members of the Reserve provided for elsewhere), mid16 shipmen, and aviation cadets; and for payments pursuant

17 to section 156 of Public Law 97–377, as amended (42

18 U.S.C. 402 note), to section 229(b) of the Social Security

19 Act (42 U.S.C. 429(b)), and to the Department of Defense

20 Military Retirement Fund; $16,979,209,000.

21 MILITARY PERSONNEL, MARINE CORPS

22 For pay, allowances, individual clothing, interest on

23 deposits, gratuities, permanent change of station travel (in24 cluding all expenses thereof for organizational movements),

25 and expenses of temporary duty travel between permanent
3

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1 duty stations, for members of the Marine Corps on active

2 duty (except members of the Reserve provided for elsewhere);

3 and for payments pursuant to section 156 of Public Law

4 97–377, as amended (42 U.S.C. 402 note), to section 229(b)

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

6 Department of Defense Military Retirement Fund;

7 $5,886,540,000.

8 MILITARY PERSONNEL, AIR FORCE

9 For pay, allowances, individual clothing, interest on

10 deposits, gratuities, permanent change of station travel (in11 cluding all expenses thereof for organizational movements),

12 and expenses of temporary duty travel between permanent

13 duty stations, for members of the Air Force on active duty

14 (except members of reserve components provided for else15 where), cadets, and aviation cadets; and for payments pur16 suant to section 156 of Public Law 97–377, as amended

17 (42 U.S.C. 402 note), to section 229(b) of the Social Secu18 rity Act (42 U.S.C. 429(b)), and to the Department of De19 fense Military Retirement Fund; $17,156,443,000.

20 RESERVE PERSONNEL, ARMY

21 For pay, allowances, clothing, subsistence, gratuities,

22 travel, and related expenses for personnel of the Army Re23 serve on active duty under sections 265, 3021, and 3038

24 of title 10, United States Code, or while serving on active

25 duty under section 672(d) of title 10, United States Code,
4

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1 in connection with performing duty specified in section

2 678(a) of title 10, United States Code, or while undergoing

3 reserve training, or while performing drills or equivalent

4 duty or other duty, and for members of the Reserve Officers’

5 Training Corps, and expenses authorized by section 2131

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

7 Department of Defense Military Retirement Fund;

8 $2,102,466,000.

9 RESERVE PERSONNEL, NAVY

10 For pay, allowances, clothing, subsistence, gratuities,

11 travel, and related expenses for personnel of the Navy Re12 serve on active duty under section 265 of title 10, United

13 States Code, or while serving on active duty under section

14 672(d) of title 10, United States Code, in connection with

15 performing duty specified in section 678(a) of title 10,

16 United States Code, or while undergoing reserve training,

17 or while performing drills or equivalent duty, and for mem18 bers of the Reserve Officers’ Training Corps, and expenses

19 authorized by section 2131 of title 10, United States Code;

20 and for payments to the Department of Defense Military

21 Retirement Fund; $1,349,323,000.

22 RESERVE PERSONNEL, MARINE CORPS

23 For pay, allowances, clothing, subsistence, gratuities,

24 travel, and related expenses for personnel of the Marine

25 Corps Reserve on active duty under section 265 of title 10,
5

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1 United States Code, or while serving on active duty under

2 section 672(d) of title 10, United States Code, in connection

3 with performing duty specified in section 678(a) of title 10,

4 United States Code, or while undergoing reserve training,

5 or while performing drills or equivalent duty, and for mem6 bers of the Marine Corps platoon leaders class, and expenses

7 authorized by section 2131 of title 10, United States Code;

8 and for payments to the Department of Defense Military

9 Retirement Fund; $364,551,000.

10 RESERVE PERSONNEL, AIR FORCE

11 For pay, allowances, clothing, subsistence, gratuities,

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

13 Reserve on active duty under sections 265, 8021, and 8038

14 of title 10, United States Code, or while serving on active

15 duty under section 672(d) of title 10, United States Code,

16 in connection with performing duty specified in section

17 678(a) of title 10, United States Code, or while undergoing

18 reserve training, or while performing drills or equivalent

19 duty or other duty, and for members of the Air Reserve Offi20 cers’ Training Corps, and expenses authorized by section

21 2131 of title 10, United States Code; and for payments to

22 the Department of Defense Military Retirement Fund;

23 $783,861,000.
6

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1 NATIONAL GUARD PERSONNEL, ARMY

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

3 travel, and related expenses for personnel of the Army Na4 tional Guard while on duty under section 265, 3021, or

5 3496 of title 10 or section 708 of title 32, United States

6 Code, or while serving on duty under section 672(d) of title

7 10 or section 502(f) of title 32, United States Code, in con8 nection with performing duty specified in section 678(a)

9 of title 10, United States Code, or while undergoing train10 ing, or while performing drills or equivalent duty or other

11 duty, and expenses authorized by section 2131 of title 10,

12 United States Code; and for payments to the Department

13 of Defense Military Retirement Fund; $3,222,422,000.

14 NATIONAL GUARD PERSONNEL, AIR FORCE

15 For pay, allowances, clothing, subsistence, gratuities,

16 travel, and related expenses for personnel of the Air Na17 tional Guard on duty under section 265, 8021, or 8496 of

18 title 10 or section 708 of title 32, United States Code, or

19 while serving on duty under section 672(d) of title 10 or

20 section 502(f) of title 32, United States Code, in connection

21 with performing duty specified in section 678(a) of title 10,

22 United States Code, or while undergoing training, or while

23 performing drills or equivalent duty or other duty, and ex24 penses authorized by section 2131 of title 10, United States
7

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1 Code; and for payments to the Department of Defense Mili2 tary Retirement Fund; $1,259,627,000.

3 TITLE II

4 OPERATION AND MAINTENANCE

5 OPERATION AND MAINTENANCE, ARMY

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses, not otherwise provided for, necessary for

8 the operation and maintenance of the Army, as authorized

9 by law; and not to exceed $14,437,000 can be used for emer10 gencies and extraordinary expenses, to be expended on the

11 approval or authority of the Secretary of the Army, and

12 payments may be made on his certificate of necessity for

13 confidential military purposes; $17,947,229,000 and, in ad14 dition, $50,000,000 shall be derived by transfer from the

15 National Defense Stockpile Transaction Fund: Provided,

16 That of the funds appropriated in this paragraph, not less

17 than $388,599,000 shall be made available only for conven18 tional ammunition care and maintenance: Provided fur19 ther, That of the funds provided under this heading,

20 $1,418,000,000 shall be available only for Real Property

21 Maintenance activities, and shall remain available for obli22 gation until September 30, 1997: Provided further, That not

23 less than $15,000,000 shall be made available only for the

24 implementation and execution of the 1988 agreement be25 tween the Department of the Army and National Presto In-
8

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1 dustries Inc. for the remediation of environmental contami2 nation at the National Presto Industries Inc. site at Eau

3 Claire, WI. These funds shall be made available no later

4 than sixty days following the enactment of this Act: Pro5 vided further, That of the funds provided under this head6 ing, $500,000 may be available for the Life Sciences Equip7 ment Laboratory, Kelly Air Force Base, Texas, for work

8 in support of the Joint Task Force–Full Accounting.

9 OPERATION AND MAINTENANCE, NAVY

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses, not otherwise provided for, necessary for

12 the operation and maintenance of the Navy and the Marine

13 Corps, as authorized by law; and not to exceed $4,151,000

14 can be used for emergencies and extraordinary expenses, to

15 be expended on the approval or authority of the Secretary

16 of the Navy, and payments may be made on his certificate

17 of necessity for confidential military purposes;

18 $21,195,301,000 and, in addition, $50,000,000 shall be de19 rived by transfer from the National Defense Stockpile

20 Transaction Fund: Provided, That of the funds provided

21 under this heading, $1,150,000,000 shall be available only

22 for Real Property Maintenance activities, and shall remain

23 available for obligation until September 30, 1997: Provided

24 further, That, of the funds appropriated under this heading,
9

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1 not more than $12,200,000 shall be available only for pay2 ing the costs of terminating Project ELF.

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For expenses, not otherwise provided for, necessary for

5 the operation and maintenance of the Marine Corps, as au6 thorized by law; $2,341,737,000: Provided, That of the

7 funds provided under this heading, $366,800,000 shall be

8 available only for Real Property Maintenance activities,

9 and shall remain available for obligation until September

10 30, 1997.

11 OPERATION AND MAINTENANCE, AIR FORCE

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses, not otherwise provided for, necessary for

14 the operation and maintenance of the Air Force, as author15 ized by law; and not to exceed $8,326,000 can be used for

16 emergencies and extraordinary expenses, to be expended on

17 the approval or authority of the Secretary of the Air Force,

18 and payments may be made on his certificate of necessity

19 for confidential military purposes; $18,202,437,000 and, in

20 addition, $50,000,000 shall be derived by transfer from the

21 National Defense Stockpile Transaction Fund: Provided,

22 That the Secretary of the Air Force may acquire all right,

23 title, and interest of any party in and to parcels of real

24 property, including improvements thereon, consisting of not

25 more than 92 acres, located near King Salmon Air Force
10

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1 Station for the purpose of conducting a response action in

2 accordance with the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act (42 U.S.C. 9601–

4 9675) and the Air Force Installation Restoration Program:

5 Provided further, That of the funds provided under this

6 heading, $1,633,000,000 shall be available only for Real

7 Property Maintenance activities, and shall be available for

8 obligation until September 30, 1997: Provided further, That

9 from within the funds appropriated under this heading, the

10 Air Force may enter into a long-term lease or purchase

11 agreement to replace the existing fleet of VC–137 aircraft.

12 OPERATION AND MAINTENANCE, DEFENSE-WIDE

13 For expenses, not otherwise provided for, necessary for

14 the operation and maintenance of activities and agencies

15 of the Department of Defense (other than the military de16 partments), as authorized by law; $9,804,068,000, of which

17 not to exceed $25,000,000 may be available for the CINC

18 initiative fund account; and of which not to exceed

19 $28,588,000 can be used for emergencies and extraordinary

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

21 the Secretary of Defense, and payments may be made on

22 his certificate of necessity for confidential military pur23 poses: Provided, That of the funds appropriated under this

24 heading, $20,000,000 shall be made available only for use

25 in federally owned education facilities located on military
11

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1 installations for the purpose of transferring title of such fa2 cilities to the local education agency: Provided further, That

3 of the funds provided under this heading, $169,800,000

4 shall be available only for Real Property Maintenance ac5 tivities, and shall remain available for obligation until Sep6 tember 30, 1997: Provided further, That of the funds appro7 priated in this paragraph, $11,200,000 shall be available

8 for the Joint Analytic Model Improvement Program: Pro9 vided further, That of the funds appropriated in this para10 graph, $10,000,000 shall be available for the Troops-to-Cops

11 program: Provided further, That of the funds provided

12 under this heading, $42,000,000 shall be available for the

13 Troops-to-Teachers program.

14 OPERATION AND MAINTENANCE, ARMY RESERVE

15 For expenses, not otherwise provided for, necessary for

16 the operation and maintenance, including training, organi17 zation, and administration, of the Army Reserve; repair of

18 facilities and equipment; hire of passenger motor vehicles;

19 travel and transportation; care of the dead; recruiting; pro20 curement of services, supplies, and equipment; and commu21 nications; $1,068,312,000: Provided, That of the funds pro22 vided under this heading, $47,589,000 shall be available

23 only for Real Property Maintenance activities, and shall

24 remain available for obligation until September 30, 1997.
12

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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary for

3 the operation and maintenance, including training, organi4 zation, and administration, of the Navy Reserve; repair of

5 facilities and equipment; hire of passenger motor vehicles;

6 travel and transportation; care of the dead; recruiting; pro7 curement of services, supplies, and equipment; and commu8 nications; $826,042,000: Provided, That of the funds pro9 vided under this heading, $31,954,000 shall be available

10 only for Real Property Maintenance activities, and shall

11 remain available for obligation until September 30, 1997.

12 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

13 For expenses, not otherwise provided for, necessary for

14 the operation and maintenance, including training, organi15 zation, and administration, of the Marine Corps Reserve;

16 repair of facilities and equipment; hire of passenger motor

17 vehicles; travel and transportation; care of the dead; recruit18 ing; procurement of services, supplies, and equipment; and

19 communications; $90,283,000: Provided, That of the funds

20 provided under this heading, $4,911,000 shall be available

21 only for Real Property Maintenance activities, and shall

22 remain available for obligation until September 30, 1997.

23 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

24 For expenses, not otherwise provided for, necessary for

25 the operation and maintenance, including training, organi-
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1 zation, and administration, of the Air Force Reserve; repair

2 of facilities and equipment; hire of passenger motor vehicles;

3 travel and transportation; care of the dead; recruiting; pro4 curement of services, supplies, and equipment; and commu5 nications; $1,485,947,000: Provided, That of the funds pro6 vided under this heading, $63,062,000 shall be available

7 only for Real Property Maintenance activities, and shall

8 remain available for obligation until September 30, 1997.

9 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

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

14 and facilities; hire of passenger motor vehicles; personnel

15 services in the National Guard Bureau; travel expenses

16 (other than mileage), as authorized by law for Army person17 nel on active duty, for Army National Guard division, regi18 mental, and battalion commanders while inspecting units

19 in compliance with National Guard Bureau regulations

20 when specifically authorized by the Chief, National Guard

21 Bureau; supplying and equipping the Army National

22 Guard as authorized by law; and expenses of repair, modi23 fication, maintenance, and issue of supplies and equipment

24 (including aircraft); $2,361,708,000: Provided, That of the

25 funds provided under this heading, $150,188,000 shall be
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1 available only for Real Property Maintenance activities,

2 and shall be available for obligation until September 30,

3 1997.

4 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

5 For operation and maintenance of the Air National

6 Guard, including medical and hospital treatment and relat7 ed expenses in non-Federal hospitals; maintenance, oper8 ation, repair, and other necessary expenses of facilities for

9 the training and administration of the Air National Guard,

10 including repair of facilities, maintenance, operation, and

11 modification of aircraft; transportation of things; hire of

12 passenger motor vehicles; supplies, materials, and equip13 ment, as authorized by law for the Air National Guard;

14 and expenses incident to the maintenance and use of sup15 plies, materials, and equipment, including such as may be

16 furnished from stocks under the control of agencies of the

17 Department of Defense; travel expenses (other than mileage)

18 on the same basis as authorized by law for Air National

19 Guard personnel on active Federal duty, for Air National

20 Guard commanders while inspecting units in compliance

21 with National Guard Bureau regulations when specifically

22 authorized by the Chief, National Guard Bureau;

23 $2,724,021,000: Provided, That of the funds provided under

24 this heading, $85,571,000 shall be available only for Real
15

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1 Property Maintenance activities, and shall remain avail2 able for obligation until September 30, 1997.

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United

6 States Court of Appeals for the Armed Forces; $6,521,000,

7 of which not to exceed $2,500 can be used for official rep8 resentation purposes.

9 ENVIRONMENTAL RESTORATION, DEFENSE

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of Defense; $1,487,000,000, to re12 main available until transferred: Provided, That the Sec13 retary of Defense shall, upon determining that such funds

14 are required for environmental restoration, reduction and

15 recycling of hazardous waste, removal of unsafe buildings

16 and debris of the Department of Defense, or for similar pur17 poses (including programs and operations at sites formerly

18 used by the Department of Defense), transfer the funds made

19 available by this appropriation to other appropriations

20 made available to the Department of Defense, to be merged

21 with and to be available for the same purposes and for the

22 same period as the appropriations of funds to which trans23 ferred, as follows:

24 Operation and Maintenance, Army,

25 $659,000,000;
16

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1 Operation and Maintenance, Navy,

2 $405,000,000;

3 Operation and Maintenance, Air Force,

4 $368,000,000; and

5 Operation and Maintenance, Defense-wide,

6 $55,000,000:

7 Provided further, That upon a determination that all or

8 part of the funds transferred from this appropriation are

9 not necessary for the purposes provided herein, such

10 amounts may be transferred back to this appropriation.

11 SUMMER OLYMPICS

12 For logistical support and personnel services (other

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

14 the Armed Forces of the United States, except for members

15 of the reserve components thereof called or ordered to active

16 duty to provide support for the 1996 Games of the XXVI

17 Olympiad to be held in Atlanta, Georgia) provided by any

18 component of the Department of Defense to the 1996 Games

19 of the XXVI Olympiad; $15,000,000: Provided, That funds

20 appropriated under this heading shall remain available for

21 obligation until September 30, 1997.

22 HUMANITARIAN ASSISTANCE

23 For training and activities related to the clearing of

24 landmines for humanitarian purposes, $60,000,000.
17

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1 FORMER SOVIET UNION THREAT REDUCTION

2 For assistance to the republics of the former Soviet

3 Union, including assistance provided by contract or by

4 grants, for facilitating the elimination and the safe and se5 cure transportation and storage of nuclear, chemical and

6 other weapons; for providing incentives for demilitariza7 tion; for establishing programs to prevent the proliferation

8 of weapons, weapons components, and weapon-related tech9 nology and expertise; for programs relating to the training

10 and support of defense and military personnel for demili11 tarization and protection of weapons, weapons components

12 and weapons technology and expertise; $325,000,000 to re13 main available until expended.

14 TITLE III

15 PROCUREMENT

16 AIRCRAFT PROCUREMENT, ARMY

17 For construction, procurement, production, modifica18 tion, and modernization of aircraft, equipment, including

19 ordnance, ground handling equipment, spare parts, and ac20 cessories therefor; specialized equipment and training de21 vices; expansion of public and private plants, including the

22 land necessary therefor, for the foregoing purposes, and such

23 lands and interests therein, may be acquired, and construc24 tion prosecuted thereon prior to approval of title; and pro25 curement and installation of equipment, appliances, and
18

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1 machine tools in public and private plants; reserve plant

2 and Government and contractor-owned equipment layaway;

3 and other expenses necessary for the foregoing purposes;

4 $1,498,623,000, to remain available for obligation until

5 September 30, 1998.

6 MISSILE PROCUREMENT, ARMY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, equipment, including

9 ordnance, ground handling equipment, spare parts, and ac10 cessories therefor; specialized equipment and training de11 vices; expansion of public and private plants, including the

12 land necessary therefor, for the foregoing purposes, and such

13 lands and interests therein, may be acquired, and construc14 tion prosecuted thereon prior to approval of title; and pro15 curement and installation of equipment, appliances, and

16 machine tools in public and private plants; reserve plant

17 and Government and contractor-owned equipment layaway;

18 and other expenses necessary for the foregoing purposes;

19 $846,555,000, to remain available for obligation until Sep20 tember 30, 1998.

21 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

22 VEHICLES, ARMY

23 For construction, procurement, production, and modi24 fication of weapons and tracked combat vehicles, equipment,

25 including ordnance, spare parts, and accessories therefor;
19

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1 specialized equipment and training devices; expansion of

2 public and private plants, including the land necessary

3 therefor, for the foregoing purposes, and such lands and in4 terests therein, may be acquired, and construction pros5 ecuted thereon prior to approval of title; and procurement

6 and installation of equipment, appliances, and machine

7 tools in public and private plants; reserve plant and Gov8 ernment and contractor-owned equipment layaway; and

9 other expenses necessary for the foregoing purposes;

10 $1,396,264,000, to remain available for obligation until

11 September 30, 1998.

12 PROCUREMENT OF AMMUNITION, ARMY

13 For construction, procurement, production, and modi14 fication of ammunition, and accessories therefor; specialized

15 equipment and training devices; expansion of public and

16 private plants, including ammunition facilities authorized

17 by section 2854, title 10, United States Code, and the land

18 necessary therefor, for the foregoing purposes, and such

19 lands and interests therein, may be acquired, and construc20 tion prosecuted thereon prior to approval of title; and pro21 curement and installation of equipment, appliances, and

22 machine tools in public and private plants; reserve plant

23 and Government and contractor-owned equipment layaway;

24 and other expenses necessary for the foregoing purposes;
20

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1 $1,090,891,000, to remain available for obligation until

2 September 30, 1998.

3 OTHER PROCUREMENT, ARMY

4 For construction, procurement, production, and modi5 fication of vehicles, including tactical, support, and

6 nontracked combat vehicles; the purchase of not to exceed

7 41 passenger motor vehicles for replacement only; commu8 nications and electronic equipment; other support equip9 ment; spare parts, ordnance, and accessories therefor; spe10 cialized equipment and training devices; expansion of pub11 lic and private plants, including the land necessary there12 for, for the foregoing purposes, and such lands and interests

13 therein, may be acquired, and construction prosecuted

14 thereon prior to approval of title; and procurement and in15 stallation of equipment, appliances, and machine tools in

16 public and private plants; reserve plant and Government

17 and contractor-owned equipment layaway; and other ex18 penses necessary for the foregoing purposes; $2,760,002,000,

19 to remain available for obligation until September 30,

20 1998.

21 AIRCRAFT PROCUREMENT, NAVY

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

24 ordnance, spare parts, and accessories therefor; specialized

25 equipment; expansion of public and private plants, includ-
21

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

3 thereon prior to approval of title; and procurement and in4 stallation of equipment, appliances, and machine tools in

5 public and private plants; reserve plant and Government

6 and contractor-owned equipment layaway; $4,897,393,000,

7 to remain available for obligation until September 30,

8 1998.

9 WEAPONS PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, torpedoes, other weap12 ons, other ordnance and ammunition, and related support

13 equipment including spare parts, and accessories therefor;

14 expansion of public and private plants, including the land

15 necessary therefor, and such lands and interests therein,

16 may be acquired, and construction prosecuted thereon prior

17 to approval of title; and procurement and installation of

18 equipment, appliances, and machine tools in public and

19 private plants; reserve plant and Government and contrac20 tor-owned equipment layaway; $1,771,421,000, to remain

21 available for obligation until September 30, 1998.

22 SHIPBUILDING AND CONVERSION, NAVY

23 For expenses necessary for the construction, acquisi24 tion, or conversion of vessels as authorized by law, includ25 ing armor and armament thereof, plant equipment, appli-
22

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1 ances, and machine tools and installation thereof in public

2 and private plants; reserve plant and Government and con3 tractor-owned equipment layaway; procurement of critical,

4 long leadtime components and designs for vessels to be con5 structed or converted in the future; and expansion of public

6 and private plants, including land necessary therefore, and

7 such lands and interests therein, may be acquired, and con8 struction prosecuted thereon prior to approval of title, as

9 follows:

10 For continuation of the SSN–21 attack sub11 marine program, $700,000,000;

12 NSSN–1 (AP) $704,498,000;

13 NSSN–2 (AP) $100,000,000;

14 CVN Refuelings, $221,988,000;

15 DDG–51 destroyer program, $3,586,800,000;

16 LHD–1 amphibious assault ship program,

17 $1,300,000,000; and

18 For craft, outfitting, post delivery, conversions,

19 and first destination transportation, $448,715,000;

20 in all: $7,062,001,000, to remain available for obligation

21 until September 30, 2000: Provided, That additional obli22 gations may be incurred after September 30, 2000, for engi23 neering services, tests, evaluations, and other such budgeted

24 work that must be performed in the final stage of ship con25 struction: Provided further, That none of the funds herein
23

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1 provided for the construction or conversion of any naval

2 vessel to be constructed in shipyards in the United States

3 shall be expended in foreign facilities for the construction

4 of major components of such vessel: Provided further, That

5 none of the funds herein provided shall be used for the con6 struction of any naval vessel in foreign shipyards.

7 OTHER PROCUREMENT, NAVY

8 For procurement, production, and modernization of

9 support equipment and materials not otherwise provided

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

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

12 of not to exceed 252 passenger motor vehicles for replace13 ment only; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted

16 thereon prior to approval of title; and procurement and in17 stallation of equipment, appliances, and machine tools in

18 public and private plants; reserve plant and Government

19 and contractor-owned equipment layaway; $2,394,260,000,

20 to remain available for obligation until September 30,

21 1998.

22 PROCUREMENT, MARINE CORPS

23 For expenses necessary for the procurement, manufac24 ture, and modification of missiles, armament, military

25 equipment, spare parts, and accessories therefor; plant
24

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1 equipment, appliances, and machine tools, and installation

2 thereof in public and private plants; reserve plant and Gov3 ernment and contractor-owned equipment layaway; vehicles

4 for the Marine Corps, including the purchase of not to ex5 ceed 194 passenger motor vehicles for replacement only; and

6 expansion of public and private plants, including land nec7 essary therefor, and such lands and interests therein, may

8 be acquired and construction prosecuted thereon prior to

9 approval of title; $597,139,000, to remain available for obli10 gation until September 30, 1998.

11 AIRCRAFT PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of

13 aircraft and equipment, including armor and armament,

14 specialized ground handling equipment, and training de15 vices, spare parts, and accessories therefor; specialized

16 equipment; expansion of public and private plants, Govern17 ment-owned equipment and installation thereof in such

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

19 the foregoing purposes, and such lands and interests therein,

20 may be acquired, and construction prosecuted thereon prior

21 to approval of title; reserve plant and Government and con22 tractor-owned equipment layaway; and other expenses nec23 essary for the foregoing purposes including rents and trans24 portation of things; $7,163,258,000, to remain available for

25 obligation until September 30, 1998.
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1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of

3 missiles, spacecraft, rockets, ammunition, and related

4 equipment, including spare parts and accessories therefor,

5 ground handling equipment, and training devices; expan6 sion of public and private plants, Government-owned equip7 ment and installation thereof in such plants, erection of

8 structures, and acquisition of land, for the foregoing pur9 poses, and such lands and interests therein, may be ac10 quired, and construction prosecuted thereon prior to ap11 proval of title; reserve plant and Government and contrac12 tor-owned equipment layaway; and other expenses nec13 essary for the foregoing purposes including rents and trans14 portation of things; $3,550,192,000, to remain available for

15 obligation until September 30, 1998.

16 OTHER PROCUREMENT, AIR FORCE

17 For procurement and modification of equipment (in18 cluding ground guidance and electronic control equipment,

19 and ground electronic and communication equipment), and

20 supplies, materials, and spare parts therefor, not otherwise

21 provided for; the purchase of not to exceed 385 passenger

22 motor vehicles for replacement only; the purchase of 1 vehi23 cle required for physical security of personnel, notwith24 standing price limitations applicable to passenger vehicles

25 but not to exceed $260,000 per vehicle; and expansion of
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1 public and private plants, Government-owned equipment

2 and installation thereof in such plants, erection of struc3 tures, and acquisition of land, for the foregoing purposes,

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

5 construction prosecuted thereon, prior to approval of title;

6 reserve plant and Government and contractor-owned equip7 ment layaway; $6,540,951,000, to remain available for obli8 gation until September 30, 1998.

9 PROCUREMENT, DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments) nec12 essary for procurement, production, and modification of

13 equipment, supplies, materials, and spare parts therefor,

14 not otherwise provided for; the purchase of not to exceed

15 451 passenger motor vehicles, of which 447 shall be for re16 placement only; expansion of public and private plants,

17 equipment, and installation thereof in such plants, erection

18 of structures, and acquisition of land for the foregoing pur19 poses, and such lands and interests therein, may be ac20 quired, and construction prosecuted thereon prior to ap21 proval of title; reserve plant and Government and contrac22 tor-owned equipment layaway; $2,114,824,000, to remain

23 available for obligation until September 30, 1998.
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1 NATIONAL GUARD AND RESERVE EQUIPMENT

2 For procurement of aircraft, missiles, tracked combat

3 vehicles, ammunition, other weapons, and other procure4 ment for the reserve components of the Armed Forces;

5 $777,000,000, to remain available for obligation until Sep6 tember 30, 1998: Provided, That the Chiefs of the Reserve

7 and National Guard components shall, not later than De8 cember 1, 1995, individually submit to the congressional

9 defense committees the modernization priority assessment

10 for their respective Reserve or National Guard component.

11 TITLE IV

12 RESEARCH, DEVELOPMENT, TEST AND

13 EVALUATION

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

15 For expenses necessary for basic and applied scientific

16 research, development, test and evaluation, including main17 tenance, rehabilitation, lease, and operation of facilities

18 and equipment, as authorized by law; $4,639,131,000, to

19 remain available for obligation until September 30, 1997:

20 Provided, That of the funds appropriated in this paragraph

21 for the Other Missile Product Improvement Program pro22 gram element, $10,000,000 is provided only for the full

23 qualification and operational platform certification of Non24 Developmental Item (NDI) composite 2.75 inch rocket mo25 tors and composite propellant pursuant to the initiation
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1 of a Product Improvement Program (PIP) for the Hydra2 70 rocket.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

4 For expenses necessary for basic and applied scientific

5 research, development, test and evaluation, including main6 tenance, rehabilitation, lease, and operation of facilities

7 and equipment, as authorized by law; $8,282,051,000, to

8 remain available for obligation until September 30, 1997:

9 Provided, That of the funds provided in Public Law 103–

10 355, in title IV, under the heading Research, Development,

11 Test and Evaluation, Navy, $5,000,000 shall be made avail12 able as a grant only to the Marine and Environmental Re13 search and Training Station (MERTS) for laboratory and

14 other efforts associated with research, development, and

15 other programs of major importance to the Department of

16 Defense: Provided further, That of the funds appropriated

17 under this heading, $45,458,000 shall be made available for

18 the Intercooled Recuperative Turbine Engine Project.

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

20 FORCE

21 For expenses necessary for basic and applied scientific

22 research, development, test and evaluation, including main23 tenance, rehabilitation, lease, and operation of facilities

24 and equipment, as authorized by law; $13,087,389,000, to

25 remain available for obligation until September 30, 1997.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 DEFENSE-WIDE

3 For expenses of activities and agencies of the Depart4 ment of Defense (other than the military departments), nec5 essary for basic and applied scientific research, develop6 ment, test and evaluation; advanced research projects as

7 may be designated and determined by the Secretary of De8 fense, pursuant to law; maintenance, rehabilitation, lease,

9 and operation of facilities and equipment, as authorized by

10 law; $9,196,784,000, to remain available for obligation

11 until September 30, 1997: Provided, That of the funds ap12 propriated in this paragraph, $35,000,000 shall be avail13 able for the Corps Surface-to-Air Missile (Corps SAM) pro14 gram: Provided further, That of the funds appropriated in

15 this paragraph, $3,000,000 shall be available for the Large

16 Millimeter Telescope project: Provided further, That of the

17 funds appropriated in this paragraph, not more than

18 $48,505,000 shall be available for the Strategic Environ19 mental Research Program program element activities and

20 not more than $34,302,000 shall be available for Technical

21 Studies, Support and Analysis program element activities:

22 Provided further, That of the $475,470,000 appropriated in

23 this paragraph for the Other Theater Missile Defense, up

24 to $25,000,000 may be available for the operation of the

25 Battlefield Integration Center: Provided further, That the
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1 funds made available under the second proviso under this

2 heading in Public Law 103–335 (108 Stat. 2613) shall also

3 be available to cover the reasonable costs of the administra4 tion of loan guarantees referred to in that proviso and shall

5 be available to cover such costs of administration and the

6 costs of such loan guarantees until September 30, 1998: Pro7 vided further, That of the funds appropriated in this para8 graph for the Ballistic Missile Defense Organization,

9 $10,000,000 shall only be available to continue program ac10 tivities and launch preparation efforts under the Strategic

11 Target System (STARS) program.

12 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

13 For expenses, not otherwise provided for, of independ14 ent activities of the Director, Test and Evaluation in the

15 direction and supervision of developmental test and evalua16 tion, including performance and joint developmental testing

17 and evaluation; and administrative expenses in connection

18 therewith; $246,082,000, to remain available for obligation

19 until September 30, 1997.

20 OPERATIONAL TEST AND EVALUATION, DEFENSE

21 For expenses, not otherwise provided for, necessary for

22 the independent activities of the Director, Operational Test

23 and Evaluation in the direction and supervision of oper24 ational test and evaluation, including initial operational

25 test and evaluation which is conducted prior to, and in sup-
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1 port of, production decisions; joint operational testing and

2 evaluation; and administrative expenses in connection

3 therewith; $22,587,000, to remain available for obligation

4 until September 30, 1997.

5 TITLE V

6 REVOLVING AND MANAGEMENT FUNDS

7 DEFENSE BUSINESS OPERATIONS FUND

8 For the Defense Business Operations Fund;

9 $1,178,700,000: Provided, That of the funds appropriated

10 under this heading, $300,000,000 shall be available only to

11 support the national defense missions of the Coast Guard,

12 while operating in conjunction with and in support of the

13 Navy: Provided further, That pursuant to the authorities

14 provided under this heading, the Secretary of the Navy shall

15 make available to the Coast Guard ship and aviation fuel,

16 spare parts, munitions, ship stores, commissary goods, ship

17 and aircraft repair services to ensure the national defense

18 capabilities and preparedness of the Coast Guard.

19 NATIONAL DEFENSE SEALIFT FUND

20 For National Defense Sealift Fund programs, projects,

21 and activities, and for expenses of the National Defense Re22 serve Fleet, as established by section 11 of the Merchant

23 Ship Sales Act of 1946 (50 U.S.C. App. 1774);

24 $1,024,220,000, to remain available until expended: Pro25 vided, That the Secretary of the Navy may obligate not to
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1 exceed $110,000,000 from available appropriations to the

2 Navy for the procurement of one additional MPS ship.

3 TITLE VI

4 OTHER DEPARTMENT OF DEFENSE PROGRAMS

5 DEFENSE HEALTH PROGRAM

6 For expenses, not otherwise provided for, for medical

7 and health care programs of the Department of Defense, as

8 authorized by law; $10,196,558,000, of which

9 $9,908,525,000 shall be for Operation and maintenance, of

10 which $288,033,000, to remain available for obligation

11 until September 30, 1998, shall be for Procurement: Pro12 vided, That of the funds appropriated under this heading,

13 $14,500,000 shall be made available for obtaining emer14 gency communications services for members of the Armed

15 Forces and their families from the American National Red

16 Cross as authorized by law.

17 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

18 DEFENSE

19 For expenses, not otherwise provided for, necessary for

20 the destruction of the United States stockpile of lethal chem21 ical agents and munitions in accordance with the provi22 sions of section 1412 of the Department of Defense Author23 ization Act, 1986 (50 U.S.C. 1521), and for the destruction

24 of other chemical warfare materials that are not in the

25 chemical weapon stockpile, $631,698,000, of which
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1 $353,850,000 shall be for Operation and maintenance,

2 $224,448,000 shall be for Procurement to remain available

3 until September 30, 1998, and $53,400,000 shall be for Re4 search, development, test and evaluation to remain avail5 able until September 30, 1997.

6 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

7 DEFENSE

8 (INCLUDING TRANSFER OF FUNDS)

9 For drug interdiction and counter-drug activities of

10 the Department of Defense, for transfer to appropriations

11 available to the Department of Defense for military person12 nel of the reserve components serving under the provisions

13 of title 10 and title 32, United States Code; for Operation

14 and maintenance; for Procurement; and for Research, devel15 opment, test and evaluation; $680,432,000: Provided, That

16 of the funds provided under this heading, $5,000,000 shall

17 be available for conversion of surplus helicopters of the De18 partment of Defense for procurement by State and local gov19 ernments for counter-drug activities: Provided further, That

20 the funds appropriated by this paragraph shall be available

21 for obligation for the same time period and for the same

22 purpose as the appropriation to which transferred: Pro23 vided further, That the transfer authority provided in this

24 paragraph is in addition to any transfer authority con25 tained elsewhere in this Act.
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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses and activities of the Office of the Inspec3 tor General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended; $139,226,000, of which

5 $138,226,000 shall be for Operation and maintenance, of

6 which not to exceed $400,000 is available for emergencies

7 and extraordinary expenses to be expended on the approval

8 or authority of the Inspector General, and payments may

9 be made on his certificate of necessity for confidential mili10 tary purposes; and of which $1,000,000, to remain available

11 until September 30, 1998, shall be for Procurement.

12 TITLE VII

13 RELATED AGENCIES

14 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

15 DISABILITY SYSTEM FUND

16 For payment to the Central Intelligence Agency Retire17 ment and Disability System Fund, to maintain proper

18 funding level for continuing the operation of the Central

19 Intelligence Agency Retirement and Disability System;

20 $213,900,000.

21 NATIONAL SECURITY EDUCATION TRUST FUND

22 For the purposes of title VIII of Public Law 102–183,

23 $7,500,000, to be derived from the National Security Edu24 cation Trust Fund, to remain available until expended.
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1 COMMUNITY MANAGEMENT ACCOUNT

2 For necessary expenses of the Community Management

3 Account; $98,283,000.

4 KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

5 ENVIRONMENTAL RESTORATION TRUST FUND

6 For payment to the Kaho’olawe Island Conveyance,

7 Remediation, and Environmental Restoration Trust Fund,

8 as authorized by law, $25,000,000, to remain available

9 until expended.

10 TITLE VIII

11 GENERAL PROVISIONS

12 SEC. 8001. No part of any appropriation contained

13 in this Act shall be used for publicity or propaganda pur14 poses not authorized by the Congress.

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

16 of law prohibiting the payment of compensation to, or em17 ployment of, any person not a citizen of the United States

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

19 Provided, That salary increases granted to direct and indi20 rect hire foreign national employees of the Department of

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

22 of the percentage increase authorized by law for civilian

23 employees of the Department of Defense whose pay is com24 puted under the provisions of section 5332 of title 5, United

25 States Code, or at a rate in excess of the percentage increase
36

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1 provided by the appropriate host nation to its own employ2 ees, whichever is higher: Provided further, That this section

3 shall not apply to Department of Defense foreign service

4 national employees serving at United States diplomatic

5 missions whose pay is set by the Department of State under

6 the Foreign Service Act of 1980: Provided further, That the

7 limitations of this provision shall not apply to foreign na8 tional employees of the Department of Defense in the Re9 public of Turkey.

10 SEC. 8003. No part of any appropriation contained

11 in this Act shall remain available for obligation beyond the

12 current fiscal year, unless expressly so provided herein.

13 SEC. 8004. No more than 20 per centum of the appro14 priations in this Act which are limited for obligation dur15 ing the current fiscal year shall be obligated during the last

16 two months of the fiscal year: Provided, That this section

17 shall not apply to obligations for support of active duty

18 training of reserve components or summer camp training

19 of the Reserve Officers’ Training Corps.

20 (TRANSFER OF FUNDS)

21 SEC. 8005. Upon determination by the Secretary of

22 Defense that such action is necessary in the national inter23 est, he may, with the approval of the Office of Management

24 and Budget, transfer not to exceed $2,400,000,000 of work25 ing capital funds of the Department of Defense or funds

26 made available in this Act to the Department of Defense
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1 for military functions (except military construction) be2 tween such appropriations or funds or any subdivision

3 thereof, to be merged with and to be available for the same

4 purposes, and for the same time period, as the appropria5 tion or fund to which transferred: Provided, That such au6 thority to transfer may not be used unless for higher prior7 ity items, based on unforeseen military requirements, than

8 those for which originally appropriated and in no case

9 where the item for which funds are requested has been de10 nied by Congress: Provided further, That the Secretary of

11 Defense shall notify the Congress promptly of all transfers

12 made pursuant to this authority or any other authority in

13 this Act: Provided further, That no part of the funds in

14 this Act shall be available to prepare or present a request

15 to the Committees on Appropriations for reprogramming

16 of funds, unless for higher priority items, based on unfore17 seen military requirements, than those for which originally

18 appropriated and in no case where the item for which

19 reprogramming is requested has been denied by the Con20 gress.

21 (TRANSFER OF FUNDS)

22 SEC. 8006. During the current fiscal year, cash bal23 ances in working capital funds of the Department of De24 fense established pursuant to section 2208 of title 10, United

25 States Code, may be maintained in only such amounts as

26 are necessary at any time for cash disbursements to be made
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1 from such funds: Provided, That transfers may be made be2 tween such funds and the ‘‘Foreign Currency Fluctuations,

3 Defense’’ and ‘‘Operation and Maintenance’’ appropriation

4 accounts in such amounts as may be determined by the Sec5 retary of Defense, with the approval of the Office of Manage6 ment and Budget, except that such transfers may not be

7 made unless the Secretary of Defense has notified the Con8 gress of the proposed transfer. Except in amounts equal to

9 the amounts appropriated to working capital funds in this

10 Act, no obligations may be made against a working capital

11 fund to procure or increase the value of war reserve mate12 rial inventory, unless the Secretary of Defense has notified

13 the Congress prior to any such obligation.

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

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

16 determination under section 2690 of title 10, United States

17 Code, may implement cost-effective agreements for required

18 heating facility modernization in the Kaiserslautern Mili19 tary Community in the Federal Republic of Germany: Pro20 vided, That in the City of Kaiserslautern such agreements

21 will include the use of United States anthracite as the base

22 load energy for municipal district heat to the United States

23 Defense installations: Provided further, That at Landstuhl

24 Army Regional Medical Center and Ramstein Air Base,

25 furnished heat may be obtained from private, regional or
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1 municipal services, if provisions are included for the con2 sideration of United States coal as an energy source: Pro3 vided further, That none of the funds available to the De4 partment of Defense in this Act shall be used by the Sec5 retary of a military department to purchase coal or coke

6 from foreign nations for use at United States defense facili7 ties in Europe when coal from the United States is avail8 able.

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

10 be used to initiate a special access program without prior

11 notification 30 calendar days in session in advance to the

12 Committees on Appropriations, Armed Services, and Na13 tional Security of the Senate and House of Representatives.

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

15 available for the Civilian Health and Medical Program of

16 the Uniformed Services shall be available for payments to

17 physicians and other authorized individual health care pro18 viders in excess of the amounts allowed in fiscal year 1994

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

20 the Secretary of Defense determines an increase is justified

21 by economic circumstances, the allowable amounts may be

22 increased in accordance with appropriate economic index

23 data similar to that used pursuant to title XVIII of the

24 Social Security Act; and (b) for services the Secretary deter25 mines are overpriced based on allowable payments under
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1 title XVIII of the Social Security Act, the allowable

2 amounts shall be reduced by not more than 15 percent (ex3 cept that the reduction may be waived if the Secretary de4 termines that it would impair adequate access to health

5 care services for beneficiaries). The Secretary shall solicit

6 public comment prior to promulgating regulations to imple7 ment this section. Such regulations shall include a limita8 tion, similar to that used under title XVIII of the Social

9 Security Act, on the extent to which a provider may bill

10 a beneficiary an actual charge in excess of the allowable

11 amount.

12 SEC. 8010. None of the funds provided in this Act shall

13 be available to initiate (1) a multiyear contract that em14 ploys economic order quantity procurement in excess of

15 $20,000,000 in any one year of the contract or that includes

16 an unfunded contingent liability in excess of $20,000,000,

17 or (2) a contract for advance procurement leading to a

18 multiyear contract that employs economic order quantity

19 procurement in excess of $20,000,000 in any one year, un20 less the Committees on Appropriations and Armed Services

21 of the Senate and House of Representatives have been noti22 fied at least thirty days in advance of the proposed contract

23 award: Provided, That no part of any appropriation con24 tained in this Act shall be available to initiate a multiyear

25 contract for which the economic order quantity advance
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1 procurement is not funded at least to the limits of the Gov2 ernment’s liability: Provided further, That no part of any

3 appropriation contained in this Act shall be available to

4 initiate multiyear procurement contracts for any systems

5 or component thereof if the value of the multiyear contract

6 would exceed $500,000,000 unless specifically provided in

7 this Act: Provided further, That no multiyear procurement

8 contract can be terminated without 10-day prior notifica9 tion to the Committees on Appropriations and Armed Serv10 ices of the House of Representatives and the Senate: Pro11 vided further, That the execution of multiyear authority

12 shall require the use of a present value analysis to deter13 mine lowest cost compared to an annual procurement.

14 Funds appropriated in title III of this Act may be

15 used for multiyear procurement contracts as follows:

16 UH–60 Blackhawk helicopter;

17 Apache Longbow helicopter; and

18 M1A2 tank upgrade.

19 SEC. 8011. Within the funds appropriated for the oper20 ation and maintenance of the Armed Forces, funds are here21 by appropriated pursuant to section 401 of title 10, United

22 States Code, for humanitarian and civic assistance costs

23 under chapter 20 of title 10, United States Code. Such funds

24 may also be obligated for humanitarian and civic assist25 ance costs incidental to authorized operations and pursuant
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1 to authority granted in section 401 of chapter 20 of title

2 10, United States Code, and these obligations shall be re3 ported to Congress on September 30 of each year: Provided,

4 That funds available for operation and maintenance shall

5 be available for providing humanitarian and similar assist6 ance by using Civic Action Teams in the Trust Territories

7 of the Pacific Islands and freely associated states of Micro8 nesia, pursuant to the Compact of Free Association as

9 authorized by Public Law 99–239: Provided further, That

10 upon a determination by the Secretary of the Army that

11 such action is beneficial for graduate medical education

12 programs conducted at Army medical facilities located in

13 Hawaii, the Secretary of the Army may authorize the pro14 vision of medical services at such facilities and transpor15 tation to such facilities, on a nonreimbursable basis, for ci16 vilian patients from American Samoa, the Commonwealth

17 of the Northern Mariana Islands, the Marshall Islands, the

18 Federated States of Micronesia, Palau, and Guam.

19 SEC. 8012. None of the funds provided in this Act shall

20 be available either to return any IOWA Class Battleships

21 to the Naval Register, or to retain the logistical support

22 necessary for support of any IOWA Class Battleships in

23 active service.

24 SEC. 8013. (a) The provisions of section 115(a)(4) of

25 title 10, United States Code, shall not apply with respect
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1 to fiscal year 1996 or with respect to the appropriation of

2 funds for that year.

3 (b) During fiscal year 1996, the civilian personnel of

4 the Department of Defense may not be managed on the basis

5 of any end-strength, and the management of such personnel

6 during that fiscal year shall not be subject to any constraint

7 or limitation (known as an end-strength) on the number

8 of such personnel who may be employed on the last day

9 of such fiscal year.

10 (c) The fiscal year 1997 budget request for the Depart11 ment of Defense as well as all justification material and

12 other documentation supporting the fiscal year 1997 De13 partment of Defense budget request shall be prepared and

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

15 this provision were effective with regard to fiscal year 1996.

16 SEC. 8014. Notwithstanding any other provision of

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

18 used by the Department of Defense to exceed, outside the

19 fifty United States, its territories, and the District of Co20 lumbia, 125,000 civilian workyears: Provided, That

21 workyears shall be applied as defined in the Federal Person22 nel Manual: Provided further, That workyears expended in

23 dependent student hiring programs for disadvantaged

24 youths shall not be included in this workyear limitation.
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1 SEC. 8015. None of the funds made available by this

2 Act shall be used in any way, directly or indirectly, to in3 fluence congressional action on any legislation or appro4 priation matters pending before the Congress.

5 SEC. 8016. None of the funds appropriated by this Act,

6 during the current fiscal year and hereafter, shall be obli7 gated for the pay of any individual who is initially em8 ployed after the date of enactment of this Act as a techni9 cian in the administration and training of the Army Re10 serve and the maintenance and repair of supplies issued

11 to the Army Reserve unless such individual is also a mili12 tary member of the Army Reserve troop program unit that

13 he or she is employed to support. Those technicians em14 ployed by the Army Reserve in areas other than Army Re15 serve troop program units need only be members of the Se16 lected Reserve.

17 SEC. 8017. Notwithstanding any other provision of

18 law, during the current fiscal year and hereafter, the Sec19 retaries of the Army and Air Force may authorize the reten20 tion in an active status until age sixty of any person who

21 would otherwise be removed from an active status and who

22 is employed as a National Guard or Reserve technician in

23 a position in which active status in a reserve component

24 of the Army or Air Force is required as a condition of that

25 employment.
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1 SEC. 8018. (a) None of the funds appropriated by this

2 Act shall be used to make contributions to the Department

3 of Defense Education Benefits Fund pursuant to section

4 2006(g) of title 10, United States Code, representing the

5 normal cost for future benefits under section 1415(c) of title

6 38, United States Code, for any member of the armed serv7 ices who, on or after the date of enactment of this Act—

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

9 active duty of less than three years; or

10 (2) receives an enlistment bonus under section

11 308a or 308f of title 37, United States Code,

12 nor shall any amounts representing the normal cost of such

13 future benefits be transferred from the Fund by the Sec14 retary of the Treasury to the Secretary of Veterans Affairs

15 pursuant to section 2006(d) of title 10, United States Code;

16 nor shall the Secretary of Veterans Affairs pay such benefits

17 to any such member: Provided, That, in the case of a mem18 ber covered by clause (1), these limitations shall not apply

19 to members in combat arms skills or to members who enlist

20 in the armed services on or after July 1, 1989, under a

21 program continued or established by the Secretary of De22 fense in fiscal year 1991 to test the cost-effective use of spe23 cial recruiting incentives involving not more than nineteen

24 noncombat arms skills approved in advance by the Sec-
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1 retary of Defense: Provided further, That this subsection ap2 plies only to active components of the Army.

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

4 be available for the basic pay and allowances of any mem5 ber of the Army participating as a full-time student and

6 receiving benefits paid by the Secretary of Veterans Affairs

7 from the Department of Defense Education Benefits Fund

8 when time spent as a full-time student is credited toward

9 completion of a service commitment: Provided, That this

10 subsection shall not apply to those members who have reen11 listed with this option prior to October 1, 1987: Provided

12 further, That this subsection applies only to active compo13 nents of the Army.

14 SEC. 8019. Funds appropriated in this Act shall be

15 available for the payment of not more than 75 percent of

16 the charges of a postsecondary educational institution for

17 the tuition or expenses of an officer in the Ready Reserve

18 of the Army National Guard or Army Reserve for education

19 or training during his off-duty periods, except that no part

20 of the charges may be paid unless the officer agrees to re21 main a member of the Ready Reserve for at least four years

22 after completion of such training or education.

23 SEC. 8020. None of the funds appropriated by this Act

24 shall be available to convert to contractor performance an

25 activity or function of the Department of Defense that, on
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1 or after the date of enactment of this Act, is performed by

2 more than ten Department of Defense civilian employees

3 until a most efficient and cost-effective organization analy4 sis is completed on such activity or function and certifi5 cation of the analysis is made to the Committees on Appro6 priations of the House of Representatives and the Senate:

7 Provided, That this section shall not apply to a commercial

8 or industrial type function of the Department of Defense

9 that: (1) is included on the procurement list established pur10 suant to section 2 of the Act of June 25, 1938 (41 U.S.C.

11 47), popularly referred to as the Javits-Wagner-O’Day Act;

12 (2) is planned to be converted to performance by a qualified

13 nonprofit agency for the blind or by a qualified nonprofit

14 agency for other severely handicapped individuals in ac15 cordance with that Act; or (3) is planned to be converted

16 to performance by a qualified firm under 51 percent Native

17 American ownership.

18 SEC. 8021. Notwithstanding any other provision of

19 law, the Secretary of the Navy may use funds appropriated

20 to charter ships to be used as auxiliary minesweepers pro21 viding that the owner agrees that these ships may be acti22 vated as Navy Reserve ships with Navy Reserve crews used

23 in training exercises conducted in accordance with law and

24 policies governing Naval Reserve forces.
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1 SEC. 8022. For the purposes of the Balanced Budget

2 and Emergency Deficit Control Act of 1985 (Public Law

3 99–177) as amended by the Balanced Budget and Emer4 gency Deficit Control Reaffirmation Act of 1987 (Public

5 Law 100–119) and by the Budget Enforcement Act of 1990

6 (Public Law 101–508), the term program, project, and ac7 tivity for appropriations contained in this Act shall be de8 fined as the most specific level of budget items identified

9 in the Department of Defense Appropriations Act, 1996, the

10 accompanying House and Senate Committee reports, the

11 conference report and accompanying joint explanatory

12 statement of the managers of the Committee of Conference,

13 the related classified annexes and reports, and the P–1 and

14 R–1 budget justification documents as subsequently modi15 fied by Congressional action: Provided, That the following

16 exception to the above definition shall apply:

17 For the Military Personnel and the Operation and

18 Maintenance accounts, the term ‘‘program, project, and ac19 tivity’’ is defined as the appropriations accounts contained

20 in the Department of Defense Appropriations Act: Provided

21 further, That at the time the President submits his budget

22 for fiscal year 1997, the Department of Defense shall trans23 mit to the Committees on Appropriations and the Commit24 tees on Armed Services of the Senate and the House of Rep25 resentatives a budget justification document to be known
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1 as the ‘‘O–1’’ which shall identify, at the budget activity,

2 activity group, and subactivity group level, the amounts re3 quested by the President to be appropriated to the Depart4 ment of Defense for operation and maintenance in any

5 budget request, or amended budget request, for fiscal year

6 1997.

7 SEC. 8023. Of the funds made available by this Act

8 in title III, Procurement, $8,000,000, drawn pro rata from

9 each appropriations account in title III, shall be available

10 for incentive payments authorized by section 504 of the In11 dian Financing Act of 1974, 25 U.S.C. 1544. These pay12 ments shall be available only to contractors which have sub13 mitted subcontracting plans pursuant to 15 U.S.C. 637(d),

14 and according to regulations which shall be promulgated

15 by the Secretary of Defense within 90 days of the passage

16 of this Act.

17 SEC. 8024. During the current fiscal year, none of the

18 funds available to the Department of Defense may be used

19 to procure or acquire (1) defensive handguns unless such

20 handguns are the M9 or M11 9mm Department of Defense

21 standard handguns, or (2) offensive handguns except for the

22 Special Operations Forces: Provided, That the foregoing

23 shall not apply to handguns and ammunition for marks24 manship competitions.
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1 (TRANSFER OF FUNDS)

2 SEC. 8025. Notwithstanding any other provision of

3 law, the Department of Defense may transfer prior year,

4 unobligated balances and funds appropriated in this Act

5 to the operation and maintenance appropriations for the

6 purpose of providing military technician and Department

7 of Defense medical personnel pay and medical programs

8 (including CHAMPUS) the same exemption from sequestra9 tion set forth in the Balanced Budget and Emergency Defi10 cit Control Act of 1985 (Public Law 99–177) as amended

11 by the Balanced Budget and Emergency Deficit Control Re12 affirmation Act of 1987 (Public Law 100–119) and by the

13 Budget Enforcement Act of 1990 (Public Law 101–508) as

14 that granted the other military personnel accounts: Pro15 vided, That any transfer made pursuant to any use of the

16 authority provided by this provision shall be limited so that

17 the amounts reprogrammed to the operation and mainte18 nance appropriations do not exceed the amounts sequestered

19 under the Balanced Budget and Emergency Deficit Control

20 Act of 1985 (Public Law 99–177) as amended by the Bal21 anced Budget and Emergency Deficit Control Reaffirma22 tion Act of 1987 (Public Law 100–119) and by the Budget

23 Enforcement Act of 1990 (Public Law 101–508): Provided

24 further, That the authority to make transfers pursuant to

25 this section is in addition to the authority to make transfers
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1 under other provisions of this Act: Provided further, That

2 the Secretary of Defense may proceed with such transfer

3 after notifying the Appropriations Committees of the House

4 of Representatives and the Senate twenty calendar days in

5 session before any such transfer of funds under this provi6 sion.

7 SEC. 8026. None of the funds available to the Depart8 ment of the Navy may be used to enter into any contract

9 for the overhaul, repair, or maintenance of any naval vessel

10 homeported on the West Coast of the United States which

11 includes charges for interport differential as an evaluation

12 factor for award.

13 SEC. 8027. None of the funds appropriated by this Act

14 available for the Civilian Health and Medical Program of

15 the Uniformed Services (CHAMPUS) shall be available for

16 the reimbursement of any health care provider for inpatient

17 mental health service for care received when a patient is

18 referred to a provider of inpatient mental health care or

19 residential treatment care by a medical or health care pro20 fessional having an economic interest in the facility to

21 which the patient is referred: Provided, That this limitation

22 does not apply in the case of inpatient mental health serv23 ices provided under the program for the handicapped under

24 subsection (d) of section 1079 of title 10, United States

25 Code, provided as partial hospital care, or provided pursu-
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1 ant to a waiver authorized by the Secretary of Defense be2 cause of medical or psychological circumstances of the pa3 tient that are confirmed by a health professional who is not

4 a Federal employee after a review, pursuant to rules pre5 scribed by the Secretary, which takes into account the ap6 propriate level of care for the patient, the intensity of serv7 ices required by the patient, and the availability of that

8 care.

9 SEC. 8028. Funds available in this Act may be used

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

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

12 the Vietnam era to an annual meeting in the United States,

13 under such regulations as the Secretary of Defense may pre14 scribe.

15 SEC. 8029. Notwithstanding any other provision of

16 law, funds available to the Department of Defense shall be

17 made available to provide transportation of medical sup18 plies and equipment, on a nonreimbursable basis, to Amer19 ican Samoa: Provided, That notwithstanding any other

20 provision of law, funds available to the Department of De21 fense shall be made available to provide transportation of

22 medical supplies and equipment, on a nonreimbursable

23 basis, to the Indian Health Service when it is in conjunc24 tion with a civil-military project.
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1 SEC. 8030. Notwithstanding any other provision of

2 law, during the current fiscal year, the Secretary of Defense

3 may, by Executive Agreement, establish with host nation

4 governments in NATO member states a separate account

5 into which such residual value amounts negotiated in the

6 return of United States military installations in NATO

7 member states may be deposited, in the currency of the host

8 nation, in lieu of direct monetary transfers to the United

9 States Treasury: Provided, That such credits may be uti10 lized only for the construction of facilities to support United

11 States military forces in that host nation, or such real prop12 erty maintenance and base operating costs that are cur13 rently executed through monetary transfers to such host na14 tions: Provided further, That the Department of Defense’s

15 budget submission for fiscal year 1997 shall identify such

16 sums anticipated in residual value settlements, and identify

17 such construction, real property maintenance or base oper18 ating costs that shall be funded by the host nation through

19 such credits: Provided further, That all military construc20 tion projects to be executed from such accounts must be pre21 viously approved in a prior Act of Congress: Provided fur22 ther, That each such Executive Agreement with a NATO

23 member host nation shall be reported to the Committees on

24 Appropriations and Armed Services of the House of Rep25 resentatives and the Senate thirty days prior to the conclu-
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1 sion and endorsement of any such agreement established

2 under this provision.

3 SEC. 8031. None of the funds available to the Depart4 ment of Defense in this Act shall be used to demilitarize

5 or dispose of more than 310,784 unserviceable M–1 Garand

6 rifles and M–1 Carbines.

7 SEC. 8032. Notwithstanding any other provision of

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

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

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

11 Code, in a lump sum.

12 SEC. 8033. None of the funds appropriated during the

13 current fiscal year and hereafter, may be used by the De14 partment of Defense to assign a supervisor’s title or grade

15 when the number of people he or she supervises is considered

16 as a basis for this determination: Provided, That savings

17 that result from this provision are represented as such in

18 future budget proposals.

19 SEC. 8034. Notwithstanding any other provision of

20 law, each contract awarded by the Department of Defense

21 in fiscal year 1996 for construction or service performed

22 in whole or in part in a State which is not contiguous with

23 another State and has an unemployment rate in excess of

24 the national average rate of unemployment as determined

25 by the Secretary of Labor shall include a provision requir-
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1 ing the contractor to employ, for the purpose of performing

2 that portion of the contract in such State that is not contig3 uous with another State, individuals who are residents of

4 such State and who, in the case of any craft or trade, pos5 sess or would be able to acquire promptly the necessary

6 skills: Provided, That the Secretary of Defense may waive

7 the requirements of this section in the interest of national

8 security.

9 SEC. 8035. During the current fiscal year, funds ap10 propriated or otherwise available for any Federal agency,

11 the Congress, the judicial branch, or the District of Colum12 bia may be used for the pay, allowances, and benefits of

13 an employee as defined by section 2105 of title 5 or an indi14 vidual employed by the government of the District of Co15 lumbia, permanent or temporary indefinite, who—

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

17 Armed Forces, as described in section 261 of title 10,

18 or the National Guard, as described in section 101 of

19 title 32;

20 (2) performs, for the purpose of providing mili21 tary aid to enforce the law or providing assistance to

22 civil authorities in the protection or saving of life or

23 property or prevention of injury—
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1 (A) Federal service under section 331, 332,

2 333, 3500, or 8500 of title 10, or other provision

3 of law, as applicable, or

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

5 the District of Columbia, the Commonwealth of

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

7 and

8 (3) requests and is granted—

9 (A) leave under the authority of this section;

10 or

11 (B) annual leave, which may be granted

12 without regard to the provisions of sections 5519

13 and 6323(b) of title 5, if such employee is other14 wise entitled to such annual leave:

15 Provided, That any employee who requests leave under sub16 section (3)(A) for service described in subsection (2) of this

17 section is entitled to such leave, subject to the provisions

18 of this section and of the last sentence of section 6323(b)

19 of title 5, and such leave shall be considered leave under

20 section 6323(b) of title 5.

21 SEC. 8036. None of the funds appropriated by this Act

22 shall be available to perform any cost study pursuant to

23 the provisions of OMB Circular A–76 if the study being

24 performed exceeds a period of twenty-four months after ini25 tiation of such study with respect to a single function activ-
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1 ity or forty-eight months after initiation of such study for

2 a multi-function activity.

3 SEC. 8037. Funds appropriated by this Act for the

4 American Forces Information Service shall not be used for

5 any national or international political or psychological ac6 tivities.

7 SEC. 8038. Notwithstanding any other provision of

8 law or regulation, the Secretary of Defense may adjust wage

9 rates for civilian employees hired for certain health care

10 occupations as authorized for the Secretary of Veterans Af11 fairs by section 7455 of title 38, United States Code.

12 SEC. 8039. Of the funds made available in this Act,

13 not less than $24,197,000 shall be available for the Civil

14 Air Patrol, of which $14,259,000 shall be available for Op15 eration and Maintenance.

16 SEC. 8040. None of the funds appropriated or made

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

18 the operation of the 53rd Weather Reconnaissance Squad19 ron of the Air Force Reserve, if such action would reduce

20 the WC–130 Weather Reconnaissance mission below the lev21 els funded in this Act.

22 SEC. 8041. (a) Of the funds for the procurement of sup23 plies or services appropriated by this Act, qualified non24 profit agencies for the blind or other severely handicapped

25 shall be afforded the maximum practicable opportunity to
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1 participate as subcontractors and suppliers in the perform2 ance of contracts let by the Department of Defense.

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

4 which has negotiated with a military service or defense

5 agency a subcontracting plan for the participation by small

6 business concerns pursuant to section 8(d) of the Small

7 Business Act (15 U.S.C. 637(d)) shall be given credit to8 ward meeting that subcontracting goal for any purchases

9 made from qualified nonprofit agencies for the blind or

10 other severely handicapped.

11 (c) For the purpose of this section, the phrase ‘‘quali12 fied nonprofit agency for the blind or other severely handi13 capped’’ means a nonprofit agency for the blind or other

14 severely handicapped that has been approved by the Com15 mittee for the Purchase from the Blind and Other Severely

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

17 U.S.C. 46–48).

18 SEC. 8042. During the current fiscal year, net receipts

19 pursuant to collections from third party payers pursuant

20 to section 1095 of title 10, United States Code, shall be

21 made available to the local facility of the uniformed services

22 responsible for the collections and shall be over and above

23 the facility’s direct budget amount.

24 SEC. 8043. Notwithstanding any other provision of

25 law, of the funds appropriated for the Defense Health Pro-
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1 gram during this fiscal year and hereafter, the amount pay2 able for services provided under this section shall not be

3 less than the amount calculated under the coordination of

4 benefits reimbursement formula utilized when CHAMPUS

5 is a secondary payor to medical insurance programs other

6 than Medicare, and such appropriations as necessary shall

7 be available (notwithstanding the last sentence of section

8 1086(c) of title 10, United States Code) to continue Civilian

9 Health and Medical Program of the Uniformed Services

10 (CHAMPUS) benefits, until age 65, under such section for

11 a former member of a uniformed service who is entitled to

12 retired or retainer pay or equivalent pay, or a dependent

13 of such a member, or any other beneficiary described by

14 section 1086(c) of title 10, United States Code, who becomes

15 eligible for hospital insurance benefits under part A of title

16 XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)

17 solely on the grounds of physical disability, or end stage

18 renal disease: Provided, That expenses under this section

19 shall only be covered to the extent that such expenses are

20 not covered under parts A and B of title XVIII of the Social

21 Security Act and are otherwise covered under CHAMPUS:

22 Provided further, That no reimbursement shall be made for

23 services provided prior to October 1, 1991.

24 SEC. 8044. During the current fiscal year, the Depart25 ment of Defense is authorized to incur obligations of not
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1 to exceed $250,000,000 for purposes specified in section

2 2350j(c) of title 10, United States Code, in anticipation of

3 receipt of contributions, only from the Government of Ku4 wait, under that section: Provided, That, upon receipt, such

5 contributions from the Government of Kuwait shall be cred6 ited to the appropriation or fund which incurred such obli7 gations.

8 SEC. 8045. None of the unobligated balances available

9 in the National Defense Stockpile Transaction Fund during

10 the current fiscal year may be obligated or expended to fi11 nance any grant or contract to conduct research, develop12 ment, test and evaluation activities for the development or

13 production of advanced materials, unless amounts for such

14 purposes are specifically appropriated in a subsequent ap15 propriations Act.

16 SEC. 8046. For the purposes of this Act, the term ‘‘con17 gressional defense committees’’ means the National Security

18 Committee of the House of Representatives, the Armed Serv19 ices Committee of the Senate, the subcommittee on Defense

20 of the Committee on Appropriations of the Senate, and the

21 Subcommittee on National Security of the Committee on

22 Appropriations of the House of Representatives.

23 SEC. 8047. Notwithstanding any other provision of

24 law, during the current fiscal year, the Department of De25 fense may acquire the modification, depot maintenance and
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1 repair of aircraft, vehicles and vessels as well as the produc2 tion of components and other Defense-related articles,

3 through competition between Department of Defense depot

4 maintenance activities and private firms: Provided, That

5 the Senior Acquisition Executive of the military depart6 ment or defense agency concerned, with power of delegation,

7 shall certify that successful bids include comparable esti8 mates of all direct and indirect costs for both public and

9 private bids: Provided further, That Office of Management

10 and Budget Circular A–76 shall not apply to competitions

11 conducted under this section.

12 SEC. 8048. None of the funds appropriated by this Act

13 shall be used for the support of any nonappropriated funds

14 activity of the Department of Defense that procures malt

15 beverages and wine with nonappropriated funds for resale

16 (including such alcoholic beverages sold by the drink) on

17 a military installation located in the United States unless

18 such malt beverages and wine are procured within that

19 State, or in the case of the District of Columbia, within

20 the District of Columbia, in which the military installation

21 is located: Provided, That in a case in which the military

22 installation is located in more than one State, purchases

23 may be made in any State in which the installation is lo24 cated: Provided further, That such local procurement re25 quirements for malt beverages and wine shall apply to all
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1 alcoholic beverages only for military installations in States

2 which are not contiguous with another State: Provided fur3 ther, That alcoholic beverages other than wine and malt bev4 erages, in contiguous States and the District of Columbia

5 shall be procured from the most competitive source, price

6 and other factors considered.

7 SEC. 8049. Appropriations contained in this Act that

8 remain available at the end of the current fiscal year as

9 a result of energy cost savings realized by the Department

10 of Defense shall remain available for obligation for the next

11 fiscal year to the extent, and for the purposes, provided in

12 section 2865 of title 10, United States Code.

13 SEC. 8050. During the current fiscal year, voluntary

14 separation incentives payable under 10 U.S.C. 1175 may

15 be paid in such amounts as are necessary from the assets

16 of the Voluntary Separation Incentive Fund established by

17 section 1175(h)(1).

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8051. Amounts deposited during the current fis20 cal year and hereafter to the special account established

21 under 40 U.S.C. 485(h)(2) and to the special account estab22 lished under 10 U.S.C. 2667(d)(1) are appropriated and

23 shall be available until transferred by the Secretary of De24 fense to current applicable appropriations or funds of the

25 Department of Defense under the terms and conditions spec26 ified by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.
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1 2667(d)(1)(B), to be merged with and to be available for

2 the same time period and the same purposes as the appro3 priation to which transferred.

4 SEC. 8052. None of the funds in this or any other Act

5 shall be available for the preparation of studies on—

6 (a) the feasibility of removal and transportation

7 of unitary chemical weapons from the eight chemical

8 storage sites within the continental United States to

9 Johnston Atoll: Provided, That this prohibition shall

10 not apply to General Accounting Office studies re11 quested by a Member of Congress or a Congressional

12 Committee; and

13 (b) the potential future uses of the nine chemical

14 disposal facilities other than for the destruction of

15 stockpile chemical munitions and as limited by sec16 tion 1412(c)(2), Public Law 99–145: Provided, That

17 this prohibition does not apply to future use studies

18 for the CAMDS facility at Tooele, Utah.

19 SEC. 8053. During the current fiscal year, appropria20 tions available to the Department of Defense may be used

21 to reimburse a member of a reserve component of the Armed

22 Forces who is not otherwise entitled to travel and transpor23 tation allowances and who occupies transient government

24 housing while performing active duty for training or inac25 tive duty training: Provided, That such members may be
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1 provided lodging in kind if transient government quarters

2 are unavailable as if the member was entitled to such allow3 ances under subsection (a) of section 404 of title 37, United

4 States Code: Provided further, That if lodging in kind is

5 provided, any authorized service charge or cost of such lodg6 ing may be paid directly from funds appropriated for oper7 ation and maintenance of the reserve component of the

8 member concerned.

9 SEC. 8054. For fiscal year 1996, the total amount ap10 propriated to fund the Uniformed Services Treatment Fa11 cilities program, operated pursuant to section 911 of Public

12 Law 97–99 (42 U.S.C. 248c), is limited to $329,000,000,

13 of which not more than $300,000,000 may be provided by

14 the funds appropriated by this Act.

15 SEC. 8055. Notwithstanding any other provision of

16 law, the Naval shipyards of the United States shall be eligi17 ble to participate in any manufacturing extension program

18 financed by funds appropriated in this or any other Act.

19 SEC. 8056. During the current fiscal year, amounts

20 contained in the Department of Defense Overseas Military

21 Facility Investment Recovery Account established by section

22 2921(c)(1) of the National Defense Authorization Act of

23 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be

24 available until expended for the payments specified by sec25 tion 2921(c)(2) of that Act.
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1 SEC. 8057. During the current fiscal year, annual

2 payments granted under the provisions of section 4416 of

3 the National Defense Authorization Act for Fiscal Year

4 1993 (Public Law 102–428; 106 Stat. 2714) shall be made

5 from appropriations in this Act which are available for the

6 pay of reserve component personnel.

7 SEC. 8058. During the current fiscal year, appropria8 tions available for the pay and allowances of active duty

9 members of the Armed Forces shall be available to pay the

10 retired pay which is payable pursuant to section 4403 of

11 Public Law 102–484 (10 U.S.C. 1293 note) under the terms

12 and conditions provided in section 4403.

13 SEC. 8059. None of the funds provided in this Act shall

14 be available for use by a Military Department to modify

15 an aircraft, weapon, ship or other item of equipment, that

16 the Military Department concerned plans to retire or other17 wise dispose of within five years after completion of the

18 modification: Provided, That this prohibition shall not

19 apply to safety modifications: Provided further, That this

20 prohibition may be waived by the Secretary of a Military

21 Department if the Secretary determines it is in the best na22 tional security interest of the United States to provide such

23 waiver and so notifies the congressional defense committees

24 in writing.
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1 SEC. 8060. None of the funds appropriated by this Act

2 for programs of the Central Intelligence Agency shall re3 main available for obligation beyond the current fiscal year,

4 except for funds appropriated for the Reserve for Contin5 gencies, which shall remain available until September 30,

6 1997.

7 SEC. 8061. Notwithstanding any other provision of

8 law, funds made available in this Act for the Defense Intel9 ligence Agency may be used for the design, development, and

10 deployment of General Defense Intelligence Program intel11 ligence communications and intelligence information sys12 tems for the Services, the Unified and Specified Commands,

13 and the component commands.

14 SEC. 8062. (a) None of the funds appropriated or oth15 erwise made available in this Act may be used to transport

16 or provide for the transportation of chemical munitions to

17 the Johnston Atoll for the purpose of storing or demilitariz18 ing such munitions.

19 (b) The prohibition in subsection (a) shall not apply

20 to any obsolete World War II chemical munition of the

21 United States found in the World War II Pacific Theater

22 of Operations.

23 (c) The President may suspend the application of sub24 section (a) during a period of war in which the United

25 States is a party.
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1 SEC. 8063. Amounts collected for the use of the facili2 ties of the National Science Center for Communications and

3 Electronics during the current fiscal year pursuant to sec4 tion 1459(g) of the Department of Defense Authorization

5 Act, 1986 and deposited to the special account established

6 under subsection 1459(g)(2) of that Act are appropriated

7 and shall be available until expended for the operation and

8 maintenance of the Center as provided for in subsection

9 1459(g)(2).

10 SEC. 8064. None of the funds appropriated in this Act

11 may be expended by an entity of the Department of Defense

12 unless the entity, in expending the funds, complies with the

13 Buy American Act. For purposes of this subsection, the term

14 ‘‘Buy American Act’’ means title III of the Act entitled ‘‘An

15 Act making appropriations for the Treasury and Post Of16 fice Departments for the fiscal year ending June 30, 1934,

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

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

19 SEC. 8065. Of the funds appropriated to the Depart20 ment of Defense under the heading ‘‘Operation and Mainte21 nance, Defense-Wide’’, not less than $8,000,000 shall be

22 made available only for the mitigation of environmental

23 impacts, including training and technical assistance to

24 tribes, related administrative support, the gathering of in25 formation, documenting of environmental damage, and de-
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1 veloping a system for prioritization of mitigation, on In2 dian lands resulting from Department of Defense activities.

3 SEC. 8066. None of the funds appropriated by this Act

4 shall be available for a contract for studies, analyses, or

5 consulting services entered into without competition on the

6 basis of an unsolicited proposal unless the head of the activ7 ity responsible for the procurement determines—

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

9 only one source is found fully qualified to perform the

10 proposed work,

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

12 unsolicited proposal which offers significant scientific

13 or technological promise, represents the product of

14 original thinking, and was submitted in confidence

15 by one source, or

16 (3) the purpose of the contract is to take advan17 tage of unique and significant industrial accomplish18 ment by a specific concern, or to insure that a new

19 product or idea of a specific concern is given finan20 cial support:

21 Provided, That this limitation shall not apply to contracts

22 in an amount of less than $25,000, contracts related to im23 provements of equipment that is in development or produc24 tion, or contracts as to which a civilian official of the De25 partment of Defense, who has been confirmed by the Senate,
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1 determines that the award of such contract is in the interest

2 of the national defense.

3 SEC. 8067. To the extent authorized in law, the Sec4 retary of Defense shall issue loan guarantees in support of

5 U.S. defense exports not otherwise provided for: Provided,

6 That the total contingent liability of the United States for

7 guarantees issues under the authority of this section may

8 not exceed $15,000,000,000: Provided further, That the ex9 posure fees charged and collected by the Secretary for each

10 guarantee, shall be paid by the country involved and shall

11 not be financed as part of a loan guaranteed by the United

12 States: Provided further, That the Secretary shall provide

13 quarterly reports to the Committees on Appropriations,

14 Armed Services and Foreign Relations of the Senate and

15 the Committees of Appropriations, National Security and

16 International Relations in the House of Representatives on

17 the implementation of this program.

18 SEC. 8068. Funds appropriated by this Act for intel19 ligence activities are deemed to be specifically authorized

20 by the Congress for purposes of section 504 of the National

21 Security Act of 1947 (50 U.S.C. 414) during fiscal year

22 1996 until the enactment of the Intelligence Authorization

23 Act for fiscal year 1996.

24 SEC. 8069. None of the funds provided in this Act may

25 be obligated or expended for the sale of zinc in the National
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1 Defense Stockpile if zinc commodity prices decline more

2 than five percent below the London Metals Exchange market

3 price reported on the date of enactment of this Act.

4 SEC. 8070. During the current fiscal year, funds ap5 propriated in this Act are available to compensate members

6 of the National Guard for duty performed pursuant to a

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

8 the Secretary of Defense under section 112 of title 32, Unit9 ed States Code: Provided, That during the performance of

10 such duty, the members of the National Guard shall be

11 under State command and control: Provided further, That

12 such duty shall be treated as full-time National Guard duty

13 for purposes of sections 3686(2) and 8686(2) of title 10,

14 United States Code.

15 SEC. 8071. Funds appropriated in this Act for oper16 ation and maintenance of the Military Departments, Uni17 fied and Specified Commands and Defense Agencies shall

18 be available for reimbursement of pay, allowances, and

19 other expenses which would otherwise be incurred against

20 appropriations of the National Guard and Reserve when

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

23 and Joint Intelligence Activities, including the activities

24 and programs included within the General Defense Intel25 ligence Program and the Consolidated Cryptologic Pro-
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1 gram: Provided, That nothing in this section authorizes de2 viation from established Reserve and National Guard per3 sonnel and training procedures.

4 SEC. 8072. All refunds or other amounts collected in

5 the administration of the Civilian Health and Medical Pro6 gram of the Uniformed Services (CHAMPUS) shall be cred7 ited to current year appropriations.

8 (RESCISSION)

9 SEC. 8073. Of the funds provided in Department of

10 Defense Appropriations Acts, the following funds are hereby

11 rescinded from the following accounts in the specified

12 amounts:

13 ‘‘Procurement of Ammunition, Army, 1993/

14 1995’’, $15,000,000;

15 ‘‘Aircraft Procurement, Air Force, 1994/1996’’,

16 $53,654,000;

17 ‘‘Aircraft Procurement, Air Force, 1995/1997’’,

18 $53,100,000;

19 ‘‘Shipbuilding and Conversion, Navy, 1991/

20 1995’’, $13,570,000;

21 ‘‘Other Procurement, Navy, 1995/1997’’,

22 $8,600,000;

23 ‘‘Research, Development, Test and Evaluation,

24 Army, 1994/1995’’, $242,000;

25 ‘‘Research, Development, Test and Evaluation,

26 Army, 1995/1996’’, $11,156,000;
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1 ‘‘Research, Development, Test and Evaluation,

2 Navy, 1994/1995’’, $4,416,000;

3 ‘‘Research, Development, Test and Evaluation,

4 Navy, 1995/1996’’, $10,150,000;

5 ‘‘Research, Development, Test and Evaluation,

6 Air Force, 1994/1995’’, $46,589,000; and

7 ‘‘Research, Development, Test and Evaluation,

8 Air Force, 1995/1996’’, $15,767,000.

9 SEC. 8074. None of the funds in this or any other Act

10 may be used to implement the plan to reorganize the re11 gional headquarters and basic camps structure of the Re12 serve Officer Training Corps program of the Army until

13 the Comptroller General of the United States has certified

14 to the congressional defense committees that the methodology

15 and evaluation of the potential sites were consistent with

16 the established criteria for the consolidation, that all data

17 used by the Army in the evaluation was accurate and com18 plete, and that the conclusions reached are based upon the

19 total costs of the Army’s final plan to establish the Eastern

20 Reserve Officer Training Corps Headquarters at Fort

21 Benning, Georgia: Provided, That all cost, including Mili22 tary Construction, shall be considered as well as an analysis

23 of the impact of the consolidation on the surrounding com24 munities for all affected installations.
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1 SEC. 8075. During the current fiscal year, the mini2 mum number of personnel employed as military reserve

3 technicians (as defined in section 8401(30) of title 5, United

4 States Code) for reserve components as of the last day of

5 the fiscal year shall be as follows:

6 For the Army National Guard, 25,750;

7 For the Army Reserve, 7,000;

8 For the Air National Guard, 23,250; and

9 For the Air Force Reserve, 10,000:

10 Provided, That in addition to funds provided elsewhere in

11 this Act, the following amounts are appropriated to the fol12 lowing accounts only for the pay of military reserve techni13 cians (as defined in section 8401(30) of title 5, United

14 States Code):

15 Operation and Maintenance, Army Reserve,

16 $24,822,000;

17 Operation and Maintenance, Air Force Reserve,

18 $12,800,000;

19 Operation and Maintenance, Army National

20 Guard, $27,628,000; and

21 Operation and Maintenance, Air National

22 Guard, $30,800,000.

23 SEC. 8076. None of the funds appropriated or other24 wise made available in this Act may be obligated or ex25 pended for assistance to or programs in the Democratic
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1 People’s Republic of North Korea unless specifically appro2 priated for that purpose: Provided, That the Secretary of

3 Defense and the Secretaries of the military services must

4 notify the congressional defense committees within 24 hours

5 of any obligation, transfer, or expenditure of funds in excess

6 of $500,000 pursuant to authorities granted for emergency

7 and extraordinary requirements provided in title II of this

8 Act.

9 SEC. 8077. (a) None of the funds appropriated in this

10 Act are available to establish a new FFRDC, either as a

11 new entity, or as a separate entity administered by an or12 ganization managing another FFRDC, or as a nonprofit

13 membership corporation consisting of a consortium of other

14 FFRDCs and other nonprofit entities.

15 (b) LIMITATION ON COMPENSATION.—No member of a

16 Board of Directors, Trustees, Overseers, Advisory Group,

17 Special Issues Panel, Visiting Committee, or any similar

18 entity of a defense FFRDC, and no paid consultant to any

19 defense FFRDC, may be compensated for his or her services

20 as a member of such entity, or as a paid consultant, except

21 under the same conditions, and to the same extent, as mem22 bers of the Defense Science Board: Provided, That a member

23 of any such entity referred to previously in this subsection

24 shall be allowed travel expenses and per diem as authorized
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1 under the Federal Joint Travel Regulations, when engaged

2 in the performance of membership duties.

3 (c) Notwithstanding any other provision of law, none

4 of the funds available to the Department of Defense from

5 any source during fiscal year 1996 may be used by a defense

6 FFRDC, through a fee or other payment mechanism, for

7 charitable contributions, for construction of new buildings,

8 for payment of cost sharing for projects funded by govern9 ment grants, or for absorption of contract overruns.

10 (d) Notwithstanding any other provision of law, of the

11 amounts available to the Department of Defense during fis12 cal year 1996, not more than $1,162,650,000 may be obli13 gated for financing activities of defense FFRDCs: Provided,

14 That the total amounts appropriated in titles II, III, and

15 IV of this Act are hereby reduced by $90,000,000 to reflect

16 the funding ceiling contained in this subsection.

17 SEC. 8078. During the current fiscal year, none of the

18 funds appropriated in this Act may be used to reduce the

19 civilian medical and medical support personnel assigned to

20 military treatment facilities below the September 30, 1995

21 level.

22 (TRANSFER OF FUNDS)

23 SEC. 8079. Upon enactment of this Act, the Secretary

24 of Defense shall make the following transfers of funds: Pro25 vided, That the amounts transferred shall be available for

26 the same purposes as the appropriations to which trans-
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1 ferred, and for the same time period as the appropriation

2 from which transferred: Provided further, That the amounts

3 shall be transferred between the following appropriations in

4 the amount specified:

5 From:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1986/1990’’:

8 SSN–688 attack submarine program,

9 $5,051,000;

10 CG–47 cruiser program, $2,500,000;

11 BB battleship reactivation, $4,000,000;

12 T–AGOS SURTASS ship program,

13 $2,135,000;

14 LCAC landing craft air cushion program,

15 $4,800,000;

16 For craft, outfitting, post delivery, and cost

17 growth, $8,660,000;

18 Weapons Procurement, Navy, 1994/1996,

19 $30,900,000;

20 Other Procurement, Navy, 1994/1996,

21 $9,200,000;

22 Aircraft procurement, Navy, 1994/1996,

23 $2,056,000;

24 To:
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1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 1986/1990’’:

3 MSH coastal mine hunter program,

4 $69,302,000;

5 From:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1988/1992’’:

8 SSN–688 attack submarine program,

9 $1,500,000;

10 To:

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1988/1992’’:

13 T–ACS auxilary crane ship program,

14 $1,500,000;

15 From:

16 Under the heading, ‘‘Shipbuilding and Conver17 sion, Navy, 1989/1993’’:

18 SSN–688 attack submarine program,

19 $23,535,000;

20 DDG–51 destroyer program, $33,700,000;

21 T–AO fleet oiler program, $38,969,000;

22 To:

23 Under the heading, ‘‘Shipbuilding and Conver24 sion, Navy, 1989/1993’’:
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1 SSN–21 attack submarine program,

2 $65,886,000;

3 MHC coastal mine hunter program,

4 $30,318,000;

5 From:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1990/1994’’:

8 SSN–688 attack submarine program,

9 $1,907,000;

10 DDG–51 destroyer program, $22,669,000;

11 For craft, outfitting and post delivery,

12 $3,900,000;

13 Aircraft Procurement, Navy, 1994/1996,

14 $17,944,000;

15 Procurement of Ammunition, Navy and

16 Marine Corps, 1995/1997, $5,116,000;

17 To:

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1990/1994’’:

20 MHC coastal mine hunter, $9,536,000;

21 T–AGOS surveillance ship program,

22 $42,000,000;

23 From:

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 1991/1995’’:
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1 SSN–21 attack submarine program,

2 $18,330,000;

3 To:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1991/1995’’:

6 LHD–1 amphibious assault ship program,

7 $6,178,000;

8 MHC coastal mine hunter program,

9 $12,152,000;

10 From:

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1992/1996’’:

13 DDG–51 destroyer program, $5,315,000;

14 For craft, outfitting, post delivery, and

15 DBOF transfer, $9,675,000;

16 For escalation, $3,347,000;

17 Weapons Procurement, Navy, 1995/1997,

18 $7,500,000;

19 Procurement, Marine Corps, 1995/1997,

20 $378,000;

21 Other Procurement, Navy, 1995/1997,

22 $355,000;

23 Aircraft Procurement, Navy, 1995/1997,

24 $3,600,000;
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1 Research, Development, Test and Evalua2 tion, Navy, 1995/1996, $5,600,000;

3 To:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1992/1996’’:

6 MHC coastal mine hunter program,

7 $35,770,000;

8 From:

9 Under the heading, ‘‘Shipbuilding and Conver10 sion, Navy, 1993/1997’’:

11 LSD–41 cargo variant ship program,

12 $1,600,000;

13 For craft, outfitting, post delivery, and first

14 destination transportation, and inflation adjust15 ments, $5,627,000;

16 Procurement of Ammunition, Navy and

17 Marine Corps, 1995/1997, $1,784,000;

18 Other Procurement, Navy, 1995/1997,

19 $645,000.

20 To:

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 1993/1997’’:

23 DDG–51 destroyer program, $7,356,000;

24 AOE combat support ship program,

25 $2,300,000;
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1 From:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1994/1998’’:

4 MCS(C) program, $5,300,000;

5 Under the heading, ‘‘Shipbuilding and Conver6 sion, Navy, 1995/1999’’:

7 Nuclear submarine main steam condensor

8 industrial base, $900,000;

9 To:

10 Under the heading, ‘‘Shipbuilding and Conver11 sion, Navy, 1994/1998’’:

12 LHD program, $6,200,000.

13 SEC. 8080. The Department shall include, in the oper14 ation of TRICARE Regions 7/8, a region-wide wraparound

15 care package that requires providers of residential treat16 ment services to share financial risk through case rate reim17 bursement, to include planning and individualized wrap18 around services to prevent recidivism.

19 SEC. 8081. None of the funds available to the Depart20 ment of Defense shall be available to make progress pay21 ments based on costs to large business concerns at rates

22 lower than 85 percent on contract solicitations issued after

23 enactment of this Act.
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1 SEC. 8082. Notwithstanding any other provision of

2 law, the Department of Defense shall execute payment in

3 not more than 24 days after receipt of a proper invoice.

4 SEC. 8083. Funds provided in title II of this Act for

5 real Property Maintenance may be obligated and expended

6 for the renovation, refurbishment and modernization of

7 bachelor enlisted living quarters up to a level of $1,000,000

8 per facility project.

9 SEC. 8084. None of the funds appropriated by this Act

10 may be used to carry out the ship depot maintenance solici11 tation policy issued by the Secretary of the Navy in a

12 memorandum dated 16 June 1995.

13 SEC. 8085. None of the funds appropriated by this Act

14 may be used for the procurement of ball and roller bearings

15 other than those produced by a domestic source and of do16 mestic origin.

17 SEC. 8086. None of the funds appropriated or other18 wise made available under this Act may be used for the

19 destruction of pentaborane currently stored at Edwards Air

20 Force Base, California, until the Secretary of Energy cer21 tifies to the congressional defense committees that the Sec22 retary does not intend to use the pentaborane or the by23 products of such destruction at the Idaho National Engi24 neering Laboratory for—
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1 (1) environmental remediation of high level, liq2 uid radioactive waste; or

3 (2) as a source of raw materials for boron drugs

4 for Boron Neutron Capture Therapy.

5 SEC. 8087. (a) ENERGY SAVINGS AT FEDERAL FACILI6 TIES.—The head of each agency for which funds are made

7 available under this Act shall take all actions necessary to

8 achieve during fiscal year 1996 a 5 percent reduction, from

9 fiscal year 1995 levels, in the energy costs of the facilities

10 used by the agency.

11 (b) USE OF COST SAVINGS.—An amount equal to the

12 amount of cost savings realized by an agency under sub13 section (a) shall remain available for obligation through the

14 end of fiscal year 1997, without further authorization or

15 appropriation, as follows:

16 (1) CONSERVATION MEASURES.—Fifty percent of

17 the amount shall remain available for the implemen18 tation of additional energy conservation measures

19 and for water conservation measures at such facilities

20 used by the agency as are designated by the head of

21 the agency.

22 (2) OTHER PURPOSES.—Fifty percent of the

23 amount shall remain available for use by the agency

24 for such purposes as are designated by the head of the

25 agency, consistent with applicable law.
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1 (c) REPORT.—

2 (1) IN GENERAL.—Not later than December 31,

3 1996, the head of each agency described in subsection

4 (a) shall submit a report to Congress specifying the

5 results of the actions taken under subsection (a) and

6 providing any recommendations concerning how to

7 further reduce energy costs and energy consumption

8 in the future.

9 (2) CONTENTS.—Each report shall—

10 (A) specify the total energy costs of the fa11 cilities used by the agency;

12 (B) identify the reductions achieved; and

13 (C) specify the actions that resulted in the

14 reductions.

15 SEC. 8088. (a)(1) Not later than October 1, 1995, the

16 Secretary of Defense shall require that each disbursement

17 by the Department of Defense in an amount in excess of

18 $1,000,000 be matched to a particular obligation before the

19 disbursement is made.

20 (2) Not later than September 30, 1996, the Secretary

21 of Defense shall require that each disbursement by the De22 partment of Defense in an amount in excess of $500,000

23 be matched to a particular obligation before the disburse24 ment is made.
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1 (b) The Secretary shall ensure that a disbursement in

2 excess of the threshold amount applicable under subsection

3 (a) is not divided into multiple disbursements of less than

4 that amount for the purpose of avoiding the applicability

5 of such subsection to that disbursement.

6 (c) The Secretary of Defense may waive a requirement

7 for advance matching of a disbursement of the Department

8 of Defense with a particular obligation in the case of (1)

9 a disbursement involving deployed forces, (2) a disburse10 ment for an operation in a war declared by Congress or

11 a national emergency declared by the President or Congress,

12 or (3) a disbursement under any other circumstances for

13 which the waiver is necessary in the national security inter14 ests of the United States, as determined by the Secretary

15 and certified by the Secretary to the congressional defense

16 committees.

17 (d) This section shall not be construed to limit the au18 thority of the Secretary of Defense to require that a dis19 bursement not in excess of the amount applicable under sub20 section (a) be matched to a particular obligation before the

21 disbursement is made.

22 SEC. 8089. (a) Except as provided in subsection (b),

23 the total amount obligated or expended for procurement of

24 the SSN–21, SSN–22, and SSN–23 Seawolf class sub25 marines may not exceed $7,223,695,000.
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1 (b) The amount of the limitation set forth in subsection

2 (a) is increased after fiscal year 1995 by the following

3 amounts:

4 (1) The amounts of outfitting costs and post-de5 livery costs incurred for the submarines referred to in

6 such subsection.

7 (2) The amounts of increases in costs attrib8 utable to economic inflation after fiscal year 1995.

9 (3) The amounts of increases in costs attrib10 utable to compliance with changes in Federal, State,

11 or local laws enacted after fiscal year 1995.

12 SEC. 8090 RESTRICTION ON REIMBURSEMENT OF COSTS.

13 None of the funds provided in this Act may be obli14 gated for payment on new contracts on which allowable

15 costs charged to the government include payments for indi16 vidual compensation at a rate in excess of $250,000 per

17 year.

18 SEC. 8091. None of the funds available to the Depart19 ment of Defense during fiscal year 1996 may be obligated

20 or expended to support or finance the activities of the De21 fense Policy Advisory Committee on Trade.
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1 SEC. 8092. PROHIBITION OF PAY AND ALLOWANCES FOR

2 MILITARY PERSONNEL CONVICTED OF SERI3 OUS CRIMES.

4 (a) Notwithstanding any other provision of law, none

5 of the funds appropriated by this Act shall be obligated for

6 the pay or allowances of any member of the Armed Forces

7 who has been sentenced by a court-martial to any sentence

8 that includes confinement for one year or more, death, dis9 honorable discharge, bad-conduct discharge, or dismissal

10 during any period of confinement or parole.

11 (b) In a case involving an accused who has dependents,

12 the convening authority or other person acting under title

13 10, section 860, may waive any or all of the forfeitures of

14 pay and allowances required by subsection (a) for a period

15 not to exceed six months. Any amount of pay or allowances

16 that, except for a waiver under this subsection, would be

17 forfeited shall be paid, as the convening authority or other

18 person taking action directs, to the dependents of the ac19 cused.

20 (c) If the sentence of a member who forfeits pay and

21 allowances under subsection (a) is set aside or disapproved

22 or, as finally approved, does not provide for a punishment

23 referred to in subsection (a), the member shall be paid the

24 pay and allowances which the member would have been

25 paid, except for the forfeiture, for the period during which

26 the forfeiture was in effect.
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1 SEC. 8093. None of the funds made available in this

2 Act under the heading ‘‘Procurement of Ammunition,

3 Army’’ may be obligated or expended for the procurement

4 of munitions unless such acquisition fully complies with the

5 Competition in Contracting Act.

6 SEC. 8094. Six months after the date of enactment of

7 this Act the General Accounting Office shall report to the

8 Committees on Appropriations of the Senate and the House

9 of Representatives on any changes in Department of Defense

10 commissary access policy, including providing reservists

11 additional or new privileges, and addressing the financial

12 impact on the commissaries as a result of any policy

13 changes.

14 SEC. 8095. The Secretary of Defense shall develop and

15 provide to the congressional defense committees an Elec16 tronic Combat Master Plan to establish an optimum infra17 structure for electronic combat assets no later than March

18 31, 1996.

19 SEC. 8096. The Secretary of Defense and the Secretary

20 of the Army shall reconsider the decision not to include the

21 infantry military occupational specialty among the mili22 tary skills and specialties for which special pays are pro23 vided under the Selected Reserve Incentive Program.
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1 SEC. 8097. INTERIM LEASES OF PROPERTY APPROVED FOR

2 CLOSURE OR REALIGNMENT.

3 Section 2667(f) of title 10, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(4)(A) Notwithstanding the National Environmental

6 Policy Act of 1969 (42 U.S.C. 4321 et seq.), the scope of

7 any environmental impact analysis necessary to support an

8 interim lease of property under this subsection shall be lim9 ited to the environmental consequences of activities author10 ized under the proposed lease and the cumulative impacts

11 of other past, present, and reasonably foreseeable future ac12 tions during the period of the proposed lease.

13 ‘‘(B) Interim leases entered into under this subsection

14 shall be deemed not to prejudice the final property disposal

15 decision, even if final property disposal may be delayed

16 until completion of the interim lease term. An interim lease

17 under this subsection shall not be entered into without prior

18 consultation with the redevelopment authority concerned.

19 ‘‘(C) The provisions of subparagraphs (A) and (B)

20 shall not apply to an interim lease under this subsection

21 if authorized activities under the lease would—

22 ‘‘(i) significantly effect the quality of the human

23 environment; or

24 ‘‘(ii) irreversibly alter the environment in a way

25 that would preclude any reasonable disposal alter26 native of the property concerned.’’.
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1 SEC. 8098. (a) If, on February 18, 1996, the Secretary

2 of the Navy has not certified in writing to the Committees

3 on Appropriations of the Senate and the House of Rep4 resentatives that—

5 (1) the Secretary has restructured the new attack

6 submarine program to provide for—

7 (A) procurement of the lead vessel under the

8 program from General Dynamics Corporation

9 Electric Boat Division (hereafter in this section

10 referred to as ‘‘Electric Boat Division’’) begin11 ning in fiscal year 1998 (subject to the price of12 fered by Electric Boat Division being determined

13 fair and reasonable by the Secretary),

14 (B) procurement of the second vessel under

15 the program from Newport News Shipbuilding

16 and Drydock Company beginning in fiscal year

17 1999 (subject to the price offered by Newport

18 News Shipbuilding and Drydock Company being

19 determined fair and reasonable by the Sec20 retary), and

21 (C) procurement of other vessels under the

22 program under one or more contracts that are

23 entered into after competition between Electric

24 Boat Division and Newport News Shipbuilding

25 and Drydock Company for which the Secretary
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1 shall solicit competitive proposals and award the

2 contract or contracts on the basis of price, and

3 (2) the Secretary has directed, as set forth in de4 tail in such certification that—

5 (A) no action is to be taken to terminate or

6 to fail to extend either the existing Planning

7 Yard contract for the Trident class submarines

8 or the existing Planning Yard contract for the

9 SSN–688 Los Angeles class submarines except by

10 reason of a breach of contract by the contractor

11 or an insufficiency of appropriations,

12 (B) no action is to be taken to terminate

13 any existing Lead Design Yard contract for the

14 SSN–21 Seawolf class submarines or for the

15 SSN–688 Los Angeles class submarines, except

16 by reason of a breach of contract by the contrac17 tor or an insufficiency of appropriations,

18 (C) both Electric Boat Division and New19 port News Shipbuilding and Drydock Company

20 are to have access to sufficient information con21 cerning the design of the new attack submarine

22 to ensure that each is capable of constructing the

23 new attack submarine, and

24 (D) no action is to be taken to impair the

25 design, engineering, construction, and mainte-
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1 nance competencies of either Electric Boat Divi2 sion or Newport News Shipbuilding and Dry3 dock Company to construct the new attack sub4 marine,

5 then, funds appropriated in title III under the heading

6 ‘‘SHIPBUILDING AND CONVERSION, NAVY’’ may not be obli7 gated for the SSN–21 attack submarine program or for the

8 new attack submarine program (NSSN–1 and NSSN–2).

9 (b) Funds referred to in subsection (a) for procurement

10 of the lead and second vessels under the new attack sub11 marine program may not be expended during fiscal year

12 1996 for the lead vessel under that program (other than for

13 class design) unless funds are obligated or expended during

14 such fiscal year for a contract in support of procurement

15 of the second vessel under the program.

16 SEC. 8099. LIMITATION ON USE OF FUNDS FOR COOPERA17 TIVE THREAT REDUCTION.

18 (a) LIMITATION.—Of the funds available under title II

19 under the heading ‘‘FORMER SOVIET UNION THREAT RE20 DUCTION’’ for dismantlement and destruction of chemical

21 weapons, not more than $52,000,000 may be obligated or

22 expended for that purpose until the President certifies to

23 Congress the following:

24 (1) That the United States and Russia have

25 completed a joint laboratory study evaluating the pro-
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1 posal of Russia to neutralize its chemical weapons

2 and the United States agrees with the proposal.

3 (2) That Russia is in the process of preparing,

4 with the assistance of the United States as necessary,

5 a comprehensive plan to manage the dismantlement

6 and destruction of the Russia chemical weapons stock7 pile.

8 (3) That the United States and Russia are com9 mitted to resolving outstanding issues under the 1989

10 Wyoming Memorandum of Understanding and the

11 1990 Bilateral Destruction Agreement.

12 (b) DEFINITIONS.—In this section:

13 (1) The term ‘‘1989 Wyoming Memorandum of

14 Understanding’’ means the Memorandum of Under15 standing between the Government of the United States

16 of America and the Government of the Union of So17 viet Socialist Republics Regarding a Bilateral Ver18 ification Experiment and Data Exchange Related to

19 Prohibition on Chemical Weapons, signed at Jackson

20 Hole, Wyoming, on September 23, 1989.

21 (2) The term ‘‘1990 Bilateral Destruction Agree22 ment’’ means the Agreement between the United

23 States of America and the Union of Soviet Socialist

24 Republics on destruction and non-production of chem25 ical weapons and on measures to facilitate the multi-
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1 lateral convention on banning chemical weapons

2 signed on June 1, 1990.

3 SEC. 8100. SENSE OF SENATE REGARDING UNDERGROUND

4 NUCLEAR TESTING.

5 (a) FINDINGS.—The Senate makes the following find6 ings:

7 (1) The President of France stated on June 13,

8 1995, that the Republic of France plans to conduct

9 eight nuclear test explosions over the next several

10 months.

11 (2) The People’s Republic of China continues to

12 conduct underground nuclear weapons tests.

13 (3) The United States, France, Russia, and

14 Great Britain have observed a moratorium on nuclear

15 testing since 1992.

16 (4) A resumption of testing by the Republic of

17 France could result in the disintegration of the cur18 rent testing moratorium and a renewal of under19 ground testing by other nuclear weapon states.

20 (5) A resumption of nuclear testing by the Re21 public of France raises serious environmental and

22 health concerns.

23 (6) The United Nations Conference on Disar24 mament presently is meeting in Geneva, Switzerland,

25 for the purpose of negotiating a Comprehensive Nu-
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1 clear Test Ban Treaty (CTBT), which would halt per2 manently the practice of conducting nuclear test ex3 plosions.

4 (7) Continued underground weapons testing by

5 the Republic of France and the People’s Republic of

6 China undermines the efforts of the international

7 community to conclude a CTBT by 1996, a goal en8 dorsed by 175 nations, at the recently completed NPT

9 Extension and Review Conference (the conference for

10 the extension and review of the Nuclear Non-Pro11 liferation Treaty).

12 (b) SENSE OF THE SENATE.—It is the sense of the Sen13 ate that the Republic of France and the People’s Republic

14 of China should abide by the current international morato15 rium on nuclear test explosions and refrain from conduct16 ing underground nuclear tests in advance of a Comprehen17 sive Test Ban Treaty.

18 SEC. 8101. TESTING OF THEATER MISSILE DEFENSE INTER19 CEPTORS.

20 (a) APPROVAL BEYOND LOW-RATE INITIAL PRODUC21 TION.—The Secretary of Defense may not approve a theater

22 missile defense interceptor program beyond the low-rate ini23 tial production acquisition stage until the Secretary cer24 tifies to the congressional defense committees that the pro25 gram—
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1 (1) has successfully completed initial operational

2 test and evaluation; and

3 (2) involves a suitable and effective system.

4 (b) CERTIFICATION REQUIREMENTS.—(1) In order to

5 be certified under subsection (a), the initial operational test

6 and evaluation conducted with respect to a program shall

7 include flight tests—

8 (A) that were conducted with multiple intercep9 tors and multiple targets in the presence of realistic

10 countermeasures; and

11 (B) the results of which demonstrate the achieve12 ment of baseline performance thresholds by such inter13 ceptors.

14 (2) The Director of Operational Test and Evaluation

15 shall specify the number of flight tests required with respect

16 to a program under paragraph (1) in order to make a cer17 tification referred to in subsection (a).

18 (3) The Secretary may utilize modeling and simula19 tion validated by ground and flight testing in order to aug20 ment flight testing to demonstrate weapons system perform21 ance for purposes of a certification under subsection (a).

22 (c) REPORTS.—(1) The Director of Operational Test

23 and Evaluation and the head of the Ballistic Missile De24 fense Organization shall include in the annual reports to

25 Congress of such officials plans to test adequately theater
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1 missile defense interceptor programs throughout the acquisi2 tion process.

3 (2) As each theater missile defense system progresses

4 through the acquisition process, the officials referred to in

5 paragraph (1) shall include in the annual reports to Con6 gress of such officials an assessment of the extent to which

7 such programs satisfy the planned test objectives for such

8 programs.

9 (d) DEFINITION.—For purposes of this section, the

10 baseline performance thresholds for a program are the

11 weapon system performance thresholds specified in the base12 line description for the weapon system established pursuant

13 to section 2435(a)(1) of title 10, United States Code, before

14 the program entered into the engineering and manufactur15 ing development stage.

16 SEC. 8102. ELIGIBILITY FOR DEFENSE DUAL-USE ASSIST17 ANCE EXTENSION PROGRAM.

18 Section 2524(e) of title 10, United States Code, is

19 amended—

20 (1) in paragraph (3), by striking out ‘‘at least

21 25 percent of the value of the borrower’s sales during

22 the preceding year’’ in the matter preceding subpara23 graph (A) and inserting in lieu thereof ‘‘at least 25

24 percent of the amount equal to the average value of
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1 the borrower’s sales during the preceding 5 fiscal

2 years’’;

3 (2) by redesignating paragraph (4) as para4 graph (5); and

5 (3) by inserting after paragraph (3) the follow6 ing new paragraph (4):

7 ‘‘(4) A borrower that meets the selection criteria set

8 forth in paragraph (2) and subsection (f) is also eligible

9 for a loan guarantee under subsection (b)(3) if the borrower

10 is a former defense worker whose employment as such a

11 worker was terminated as a result of a reduction in expend12 itures by the United States for defense, the termination or

13 cancellation of a defense contract, the failure to proceed

14 with an approved major weapon system, the merger or con15 solidation of the operations of a defense contractor, or the

16 closure or realignment of a military installation.’’.

17 This Act may be cited as the ‘‘Department of Defense

18 Appropriations Act, 1996’’.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 2126

AMENDMENT
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