Union Calendar No. 107

104TH CONGRESS

1ST SESSION H. R. 2126

[Report No. 104–208]

A BILL

Making appropriations for the Department of De1996, and for other purposes. fense for the fiscal year ending September 30,

JULY 27, 1995

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 107

104TH CONGRESS

1ST SESSION H. R. 2126

[Report No. 104–208]

Making appropriations for the Department of Defense for the fiscal year

ending September 30, 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 1995

Mr. YOUNG of Florida, from the Committee on Appropriations, reported the

following bill; which was committed to the Committee of the Whole House

on the State of the Union and ordered to be printed

A BILL

Making appropriations for the Department of Defense for

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

purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

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

7 other purposes, namely:
2

HR 2126 RH

1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, interest on

5 deposits, gratuities, permanent change of station travel

6 (including all expenses thereof for organizational move7 ments), and expenses of temporary duty travel between

8 permanent duty stations, for members of the Army on ac9 tive duty (except members of reserve components provided

10 for elsewhere), cadets, and aviation cadets; and for pay11 ments pursuant to section 156 of Public Law 97–377, as

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

13 Social Security Act (42 U.S.C. 429(b)), and to the De14 partment of Defense Military Retirement Fund;

15 $19,884,608,000.

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, interest on

18 deposits, gratuities, permanent change of station travel

19 (including all expenses thereof for organizational move20 ments), and expenses of temporary duty travel between

21 permanent duty stations, for members of the Navy on ac22 tive duty (except members of the Reserve provided for

23 elsewhere), midshipmen, and aviation cadets; and for pay24 ments pursuant to section 156 of Public Law 97–377, as

25 amended (42 U.S.C. 402 note), to section 229(b) of the
3

HR 2126 RH

1 Social Security Act (42 U.S.C. 429(b)), and to the De2 partment of Defense Military Retirement Fund;

3 $17,006,363,000.

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, interest on

6 deposits, gratuities, permanent change of station travel

7 (including all expenses thereof for organizational move8 ments), and expenses of temporary duty travel between

9 permanent duty stations, for members of the Marine

10 Corps on active duty (except members of the Reserve pro11 vided for elsewhere); and for payments pursuant to section

12 156 of Public Law 97–377, as amended (42 U.S.C. 402

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

14 U.S.C. 429(b)), and to the Department of Defense Mili15 tary Retirement Fund; $5,928,340,000.

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, interest on

18 deposits, gratuities, permanent change of station travel

19 (including all expenses thereof for organizational move20 ments), and expenses of temporary duty travel between

21 permanent duty stations, for members of the Air Force

22 on active duty (except members of reserve components

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

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

25 377, as amended (42 U.S.C. 402 note), to section 229(b)
4

HR 2126 RH

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

2 Department of Defense Military Retirement Fund;

3 $17,294,620,000.

4 RESERVE PERSONNEL, ARMY

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

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and

8 3038 of title 10, United States Code, or while serving on

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

10 States Code, in connection with performing duty specified

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

12 while undergoing reserve training, or while performing

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

14 of the Reserve Officers’ Training Corps, and expenses au15 thorized by section 16131 of title 10, United States Code;

16 and for payments to the Department of Defense Military

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

18 RESERVE PERSONNEL, NAVY

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

20 travel, and related expenses for personnel of the Navy Re21 serve on active duty under section 10211 of title 10, Unit22 ed States Code, or while serving on active duty under sec23 tion 12301(d) of title 10, United States Code, in connec24 tion with performing duty specified in section 12310(a)

25 of title 10, United States Code, or while undergoing re-
5

HR 2126 RH

1 serve training, or while performing drills or equivalent

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

3 Corps, and expenses authorized by section 16131 of title

4 10, United States Code; and for payments to the Depart5 ment of Defense Military Retirement Fund;

6 $1,350,023,000.

7 RESERVE PERSONNEL, MARINE CORPS

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

9 travel, and related expenses for personnel of the Marine

10 Corps Reserve on active duty under section 10211 of title

11 10, United States Code, or while serving on active duty

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

13 in connection with performing duty specified in section

14 12310(a) of title 10, United States Code, or while under15 going reserve training, or while performing drills or equiv16 alent duty, and for members of the Marine Corps platoon

17 leaders class, and expenses authorized by section 16131

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

19 Department of Defense Military Retirement Fund;

20 $366,101,000.

21 RESERVE PERSONNEL, AIR FORCE

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

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

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

25 8038 of title 10, United States Code, or while serving on
6

HR 2126 RH

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

2 States Code, in connection with performing duty specified

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

4 while undergoing reserve training, or while performing

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

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

7 authorized by section 16131 of title 10, United States

8 Code; and for payments to the Department of Defense

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

10 NATIONAL GUARD PERSONNEL, ARMY

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

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 10211, 10302,

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

15 States Code, or while serving on duty under section

16 12301(d) of title 10 or section 502(f) of title 32, United

17 States Code, in connection with performing duty specified

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

19 while undergoing training, or while performing drills or

20 equivalent duty or other duty, and expenses authorized by

21 section 16131 of title 10, United States Code; and for pay22 ments to the Department of Defense Military Retirement

23 Fund; $3,240,858,000.
7

HR 2126 RH

1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or

5 12402 of title 10 or section 708 of title 32, United States

6 Code, or while serving on duty under section 12301(d) of

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

8 in connection with performing duty specified in section

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent

11 duty or other duty, and expenses authorized by section

12 16131 of title 10, United States Code; and for payments

13 to the Department of Defense Military Retirement Fund;

14 $1,254,827,000.

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance of the Army, as author21 ized by law; and not to exceed $14,437,000 can be used

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

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

25 of necessity for confidential military purposes;
8

HR 2126 RH

1 $18,999,825,000 and, in addition, $50,000,000 shall be

2 derived by transfer from the National Defense Stockpile

3 Transaction Fund.

4 OPERATION AND MAINTENANCE, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses, not otherwise provided for, necessary

7 for the operation and maintenance of the Navy and the

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

9 $4,151,000 can be used for emergencies and extraordinary

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

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

12 on his certificate of necessity for confidential military pur13 poses; $20,846,710,000 and, in addition, $50,000,000

14 shall be derived by transfer from the National Defense

15 Stockpile Transaction Fund.

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For expenses, not otherwise provided for, necessary

18 for the operation and maintenance of the Marine Corps,

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

20 OPERATION AND MAINTENANCE, AIR FORCE

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses, not otherwise provided for, necessary

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

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

25 used for emergencies and extraordinary expenses, to be ex-
9

HR 2126 RH

1 pended on the approval or authority of the Secretary of

2 the Air Force, and payments may be made on his certifi3 cate of necessity for confidential military purposes;

4 $18,894,397,000 and, in addition, $50,000,000 shall be

5 derived by transfer from the National Defense Stockpile

6 Transaction Fund.

7 OPERATION AND MAINTENANCE, DEFENSE-WIDE

8 For expenses, not otherwise provided for, necessary

9 for the operation and maintenance of activities and agen10 cies of the Department of Defense (other than the military

11 departments), as authorized by law; $9,958,810,000, of

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

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

14 $28,588,000 can be used for emergencies and extraor15 dinary expenses, to be expended on the approval or author16 ity of the Secretary of Defense, and payments may be

17 made on his certificate of necessity for confidential mili18 tary purposes.

19 OPERATION AND MAINTENANCE, ARMY RESERVE

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance, including training, or22 ganization, and administration, of the Army Reserve; re23 pair of facilities and equipment; hire of passenger motor

24 vehicles; travel and transportation; care of the dead; re-
10

HR 2126 RH

1 cruiting; procurement of services, supplies, and equip2 ment; and communications; $1,119,191,000.

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For expenses, not otherwise provided for, necessary

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Navy Reserve; re7 pair of facilities and equipment; hire of passenger motor

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications; $857,042,000: Provided, That

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

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

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 RESERVE

15 For expenses, not otherwise provided for, necessary

16 for the operation and maintenance, including training, or17 ganization, and administration, of the Marine Corps Re18 serve; repair of facilities and equipment; hire of passenger

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

20 recruiting; procurement of services, supplies, and equip21 ment; and communications; $104,783,000: Provided, That

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

23 shall not be obligated or expended until authorized by law.
11

HR 2126 RH

1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve;

5 repair of facilities and equipment; hire of passenger motor

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications; $1,519,287,000: Provided,

9 That of the funds appropriated in this paragraph,

10 $11,840,000 shall not be obligated or expended until au11 thorized by law.

12 OPERATION AND MAINTENANCE, ARMY NATIONAL

13 GUARD

14 For expenses of training, organizing, and administer15 ing the Army National Guard, including medical and hos16 pital treatment and related expenses in non-Federal hos17 pitals; maintenance, operation, and repairs to structures

18 and facilities; hire of passenger motor vehicles; personnel

19 services in the National Guard Bureau; travel expenses

20 (other than mileage), as authorized by law for Army per21 sonnel on active duty, for Army National Guard division,

22 regimental, and battalion commanders while inspecting

23 units in compliance with National Guard Bureau regula24 tions when specifically authorized by the Chief, National

25 Guard Bureau; supplying and equipping the Army Na-
12

HR 2126 RH

1 tional Guard as authorized by law; and expenses of repair,

2 modification, maintenance, and issue of supplies and

3 equipment (including aircraft); $2,344,008,000.

4 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

5 For operation and maintenance of the Air National

6 Guard, including medical and hospital treatment and re7 lated expenses in non-Federal hospitals; maintenance, op8 eration, repair, and other necessary expenses of facilities

9 for the training and administration of the Air National

10 Guard, including repair of facilities, maintenance, oper11 ation, and modification of aircraft; transportation of

12 things; hire of passenger motor vehicles; supplies, mate13 rials, and equipment, as authorized by law for the Air Na14 tional Guard; and expenses incident to the maintenance

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

16 such as may be furnished from stocks under the control

17 of agencies of the Department of Defense; travel expenses

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

19 law for Air National Guard personnel on active Federal

20 duty, for Air National Guard commanders while inspecting

21 units in compliance with National Guard Bureau regula22 tions when specifically authorized by the Chief, National

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

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

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

HR 2126 RH

1 UNITED STATES COURT OF APPEALS FOR THE ARMED

2 FORCES

3 For salaries and expenses necessary for the United

4 States Court of Appeals for the Armed Forces;

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

6 for official representation purposes.

7 ENVIRONMENTAL RESTORATION, DEFENSE

8 (INCLUDING TRANSFER OF FUNDS)

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

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

12 are required for environmental restoration, reduction and

13 recycling of hazardous waste, removal of unsafe buildings

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

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

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

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

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

21 period as the appropriations of funds to which transferred:

22 Provided further, That upon a determination that all or

23 part of the funds transferred from this appropriation are

24 not necessary for the purposes provided herein, such

25 amounts may be transferred back to this appropriation.
14

HR 2126 RH

1 SUMMER OLYMPICS

2 For logistical support and personnel services (other

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

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

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

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

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

10 Provided, That funds appropriated under this heading

11 shall remain available for obligation until September 30,

12 1997.

13 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

14 For expenses relating to the Overseas Humanitarian,

15 Disaster, and Civic Aid programs of the Department of

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

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

19 FORMER SOVIET UNION THREAT REDUCTION

20 For assistance to the republics of the former Soviet

21 Union, including assistance provided by contract or by

22 grants, for facilitating the elimination and the safe and

23 secure transportation and storage of nuclear, chemical and

24 other weapons; for establishing programs to prevent the

25 proliferation of weapons, weapons components, and weap-
15

HR 2126 RH

1 on-related technology and expertise; for programs relating

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

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

6 TITLE III

7 PROCUREMENT

8 AIRCRAFT PROCUREMENT, ARMY

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

11 ordnance, ground handling equipment, spare parts, and

12 accessories therefor; specialized equipment and training

13 devices; expansion of public and private plants, including

14 the land necessary therefor, for the foregoing purposes,

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

16 and construction prosecuted thereon prior to approval of

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

19 reserve plant and Government and contractor-owned

20 equipment layaway; and other expenses necessary for the

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

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

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

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

HR 2126 RH

1 MISSILE PROCUREMENT, ARMY

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

4 ordnance, ground handling equipment, spare parts, and

5 accessories therefor; specialized equipment and training

6 devices; expansion of public and private plants, including

7 the land necessary therefor, for the foregoing purposes,

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

9 and construction prosecuted thereon prior to approval of

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

12 reserve plant and Government and contractor-owned

13 equipment layaway; and other expenses necessary for the

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

15 obligation until September 30, 1998.

16 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

17 VEHICLES, ARMY

18 For construction, procurement, production, and

19 modification of weapons and tracked combat vehicles,

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

22 expansion of public and private plants, including the land

23 necessary therefor, for the foregoing purposes, and such

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

HR 2126 RH

1 procurement and installation of equipment, appliances,

2 and machine tools in public and private plants; reserve

3 plant and Government and contractor-owned equipment

4 layaway; and other expenses necessary for the foregoing

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

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

8 not be obligated or expended until authorized by law.

9 PROCUREMENT OF AMMUNITION, ARMY

10 For construction, procurement, production, and

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

15 the land necessary therefor, for the foregoing purposes,

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

17 and construction prosecuted thereon prior to approval of

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

20 reserve plant and Government and contractor-owned

21 equipment layaway; and other expenses necessary for the

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

23 for obligation until September 30, 1998.
18

HR 2126 RH

1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and

3 modification of vehicles, including tactical, support, and

4 nontracked combat vehicles; the purchase of not to exceed

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

12 thereon prior to approval of title; and procurement and

13 installation of equipment, appliances, and machine tools

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

16 expenses necessary for the foregoing purposes;

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

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

21 AIRCRAFT PROCUREMENT, NAVY

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

24 ordnance, spare parts, and accessories therefor; specialized

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

HR 2126 RH

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

3 thereon prior to approval of title; and procurement and

4 installation of equipment, appliances, and machine tools

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

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

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

11 WEAPONS PROCUREMENT, NAVY

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

15 and accessories therefor; expansion of public and private

16 plants, including the land necessary therefor, and such

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

19 procurement and installation of equipment, appliances,

20 and machine tools in public and private plants; reserve

21 plant and Government and contractor-owned equipment

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

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

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

HR 2126 RH

1 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For construction, procurement, production, and

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

8 the land necessary therefor, for the foregoing purposes,

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

10 and construction prosecuted thereon prior to approval of

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

13 reserve plant and Government and contractor-owned

14 equipment layaway; and other expenses necessary for the

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

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

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

18 not be obligated or expended until authorized by law.

19 SHIPBUILDING AND CONVERSION, NAVY

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

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

HR 2126 RH

1 long leadtime components and designs for vessels to be

2 constructed or converted in the future; and expansion of

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

5 and construction prosecuted thereon prior to approval of

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

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

9 engineering services, tests, evaluations, and other such

10 budgeted work that must be performed in the final stage

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

12 funds herein provided for the construction or conversion

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

14 United States shall be expended in foreign facilities for

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

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

18 shipyards.

19 OTHER PROCUREMENT, NAVY

20 For procurement, production, and modernization of

21 support equipment and materials not otherwise provided

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

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

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

HR 2126 RH

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

3 thereon prior to approval of title; and procurement and

4 installation of equipment, appliances, and machine tools

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

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

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

11 PROCUREMENT, MARINE CORPS

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

14 equipment, spare parts, and accessories therefor; plant

15 equipment, appliances, and machine tools, and installation

16 thereof in public and private plants; reserve plant and

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

19 to exceed 194 passenger motor vehicles for replacement

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

21 land necessary therefor, and such lands and interests

22 therein, may be acquired and construction prosecuted

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

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

HR 2126 RH

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

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of

5 aircraft and equipment, including armor and armament,

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

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

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

11 the foregoing purposes, and such lands and interests

12 therein, may be acquired, and construction prosecuted

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

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

17 $7,162,603,000, to remain available for obligation until

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

21 MISSILE PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of

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

HR 2126 RH

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

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

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

5 construction prosecuted thereon prior to approval of title;

6 reserve plant and Government and contractor-owned

7 equipment layaway; and other expenses necessary for the

8 foregoing purposes including rents and transportation of

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

10 until September 30, 1998.

11 PROCUREMENT OF AMMUNITION, AIR FORCE

12 For construction, procurement, production, and

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

17 the land necessary therefor, for the foregoing purposes,

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

19 and construction prosecuted thereon prior to approval of

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

22 reserve plant and Government and contractor-owned

23 equipment layaway; and other expenses necessary for the

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

25 obligation until September 30, 1998.
25

HR 2126 RH

1 OTHER PROCUREMENT, AIR FORCE

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

4 and ground electronic and communication equipment),

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

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

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

15 available for obligation until September 30, 1998.

16 PROCUREMENT, DEFENSE-WIDE

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

19 necessary for procurement, production, and modification

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

23 for replacement only; expansion of public and private

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

25 erection of structures, and acquisition of land for the fore-
26

HR 2126 RH

1 going purposes, and such lands and interests therein, may

2 be acquired, and construction prosecuted thereon prior to

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

6 NATIONAL GUARD AND RESERVE EQUIPMENT

7 For procurement of aircraft, missiles, tracked combat

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

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

14 TITLE IV

15 RESEARCH, DEVELOPMENT, TEST AND

16 EVALUATION

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

18 ARMY

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

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

24 September 30, 1997.
27

HR 2126 RH

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 NAVY

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

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

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

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

12 initial operating capability is budgeted to be achieved prior

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

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

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

17 funds appropriated in this paragraph for development of

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

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

21 against advanced sea-skimming antiship cruise missiles in

22 the baseline design to achieve an estimated probability of

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

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

25 appropriated in this paragraph which are available for the
28

HR 2126 RH

1 V–22 may be used to meet unique requirements of the

2 Special Operations Forces: Provided further, That of the

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

4 not be obligated or expended until authorized by law.

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

6 AIR FORCE

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

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

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

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

14 development of reusable launch vehicle technologies.

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

16 DEFENSE-WIDE

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

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

21 as may be designated and determined by the Secretary

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

23 lease, and operation of facilities and equipment, as author24 ized by law; $9,029,666,000, to remain available for obli25 gation until September 30, 1997: Provided, That not less
29

HR 2126 RH

1 than $170,000,000 of the funds appropriated in this para2 graph shall be made available only for the Sea-Based Wide

3 Area Defense (Navy Upper-Tier) program.

4 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

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

7 the direction and supervision of developmental test and

8 evaluation, including performance and joint developmental

9 testing and evaluation; and administrative expenses in

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

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

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

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

14 OPERATIONAL TEST AND EVALUATION, DEFENSE

15 For expenses, not otherwise provided for, necessary

16 for the independent activities of the Director, Operational

17 Test and Evaluation in the direction and supervision of

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

20 and in support of, production decisions; joint operational

21 testing and evaluation; and administrative expenses in

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

23 obligation until September 30, 1997.
30

HR 2126 RH

1 TITLE V

2 REVOLVING AND MANAGEMENT FUNDS

3 DEFENSE BUSINESS OPERATIONS FUND

4 For the Defense Business Operations Fund;

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

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

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

10 obligated or expended until authorized by law.

11 NATIONAL DEFENSE SEALIFT FUND

12 For National Defense Sealift Fund programs,

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

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

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

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

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

19 the acquisition of any of the following major components

20 unless such components are manufactured in the United

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

24 and spreaders for shipboard cranes: Provided further, That

25 the exercise of an option in a contract awarded through
31

HR 2126 RH

1 the obligation of previously appropriated funds shall not

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

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

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

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

8 not available to meet Department of Defense requirements

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

10 made in order to acquire capability for national security

11 purposes.

12 TITLE VI

13 OTHER DEPARTMENT OF DEFENSE PROGRAMS

14 DEFENSE HEALTH PROGRAM

15 For expenses, not otherwise provided for, for medical

16 and health care programs of the Department of Defense,

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

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

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

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

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

24 to the ongoing solicitations for Florida, South Carolina,

25 Georgia, Delaware, New Jersey, Pennsylvania, and Ha-
32

HR 2126 RH

1 waii, as well as each base closure area not supported by

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

3 procured independent of any other Department managed

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

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

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

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

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

9 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

10 DEFENSE

11 For expenses, not otherwise provided for, necessary

12 for the destruction of the United States stockpile of lethal

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

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

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

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

21 for Research, development, test and evaluation to remain

22 available until September 30, 1997.
33

HR 2126 RH

1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of

5 the Department of Defense, for transfer to appropriations

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

11 Provided, That the funds appropriated by this paragraph

12 shall be available for obligation for the same time period

13 and for the same purpose as the appropriation to which

14 transferred: Provided further, That the transfer authority

15 provided in this paragraph is in addition to any transfer

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

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

20 OFFICE OF THE INSPECTOR GENERAL

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

24 of which $177,226,000 shall be for Operation and mainte25 nance, of which not to exceed $400,000 is available for
34

HR 2126 RH

1 emergencies and extraordinary expenses to be expended on

2 the approval or authority of the Inspector General, and

3 payments may be made on his certificate of necessity for

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

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

6 Procurement.

7 TITLE VII

8 RELATED AGENCIES

9 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

10 DISABILITY SYSTEM FUND

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

13 funding level for continuing the operation of the Central

14 Intelligence Agency Retirement and Disability System;

15 $213,900,000.

16 NATIONAL SECURITY EDUCATION TRUST FUND

17 (RESCISSION)

18 Of the funds made available under this heading in

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

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

25 such amount as is necessary for obligations made before
35

HR 2126 RH

1 the date of the enactment of this Act, is hereby reduced

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

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

4 other than to liquidate an obligation made before such

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

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

8 date of the enactment of this Act.

9 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

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

12 TITLE VIII

13 GENERAL PROVISIONS

14 SEC. 8001. No part of any appropriation contained

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

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

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

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

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

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

24 of the percentage increase authorized by law for civilian

25 employees of the Department of Defense whose pay is
36

HR 2126 RH

1 computed under the provisions of section 5332 of title 5,

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

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

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

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

9 SEC. 8003. No part of any appropriation contained

10 in this Act shall remain available for obligation beyond

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

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

14 during a single fiscal year shall be obligated during the

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

16 section shall not apply to obligations for support of active

17 duty training of reserve components or summer camp

18 training of the Reserve Officers’ Training Corps.

19 (TRANSFER OF FUNDS)

20 SEC. 8005. Upon determination by the Secretary of

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

24 of working capital funds of the Department of Defense

25 or funds made available in this Act to the Department

26 of Defense for military functions (except military con-
37

HR 2126 RH

1 struction) between such appropriations or funds or any

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

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

4 the appropriation or fund to which transferred: Provided,

5 That such authority to transfer may not be used unless

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

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

10 That only for valid Ship Cost Adjustments related to the

11 Shipbuilding and Construction, Navy Appropriation such

12 authority to transfer may be used to transfer funds made

13 available in this or any previous Department of Defense

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

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

18 other authority in this Act.

19 (TRANSFER OF FUNDS)

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

23 United States Code, may be maintained in only such

24 amounts as are necessary at any time for cash disburse25 ments to be made from such funds: Provided, That trans26 fers may be made between such funds and the ‘‘Foreign
38

HR 2126 RH

1 Currency Fluctuations, Defense’’ and ‘‘Operation and

2 Maintenance’’ appropriation accounts in such amounts as

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

4 approval of the Office of Management and Budget, except

5 that such transfers may not be made unless the Secretary

6 of Defense has notified the Congress of the proposed

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

9 may be made against a working capital fund to procure

10 or increase the value of war reserve material inventory,

11 unless the Secretary of Defense has notified the Congress

12 prior to any such obligation.

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

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

15 determination under section 2690 of title 10, United

16 States Code, may implement cost-effective agreements for

17 required heating facility modernization in the

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

20 Kaiserslautern such agreements will include the use of

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

24 Medical Center and Ramstein Air Base, furnished heat

25 may be obtained from private, regional or municipal serv-
39

HR 2126 RH

1 ices, if provisions are included for the consideration of

2 United States coal as an energy source.

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

4 be used to initiate a special access program without prior

5 notification 30 calendar days in session in advance to the

6 congressional defense committees.

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

8 available for the Civilian Health and Medical Program of

9 the Uniformed Services shall be available for payments to

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

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

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

15 may be increased in accordance with appropriate economic

16 index data similar to that used pursuant to title XVIII

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

20 allowable amounts shall be reduced by not more than 15

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

22 Secretary determines that it would impair adequate access

23 to health care services for beneficiaries). The Secretary

24 shall solicit public comment prior to promulgating regula25 tions to implement this section. Such regulations shall in-
40

HR 2126 RH

1 clude a limitation, similar to that used under title XVIII

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

4 the allowable amount.

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

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

7 employs economic order quantity procurement in excess of

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

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

11 leading to a multiyear contract that employs economic

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

13 any one year, unless the congressional defense committees

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

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

16 appropriation contained in this Act shall be available to

17 initiate a multiyear contract for which the economic order

18 quantity advance procurement is not funded at least to

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

20 That no part of any appropriation contained in this Act

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

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

25 That no multiyear procurement contract can be termi-
41

HR 2126 RH

1 nated without 10-day prior notification to the congres2 sional defense committees: Provided further, That the exe3 cution of multiyear authority shall require the use of a

4 present value analysis to determine lowest cost compared

5 to an annual procurement.

6 Funds appropriated in title III of this Act may be

7 used for multiyear procurement contracts as follows:

8 E–2C aircraft;

9 AV–8B aircraft remanufacture;

10 T–45 aircraft.

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

13 hereby appropriated pursuant to section 401 of title 10,

14 United States Code, for humanitarian and civic assistance

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

16 Such funds may also be obligated for humanitarian and

17 civic assistance costs incidental to authorized operations

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

21 each year: Provided, That funds available for operation

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

24 in the Trust Territories of the Pacific Islands and freely

25 associated states of Micronesia, pursuant to the Compact
42

HR 2126 RH

1 of Free Association as authorized by Public Law 99–

2 239.

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

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

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

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

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

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

12 and other documentation supporting the fiscal year 1997

13 Department of Defense budget request shall be prepared

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

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

16 year 1997.

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

18 to military (civilian) technicians.

19 SEC. 8013. Notwithstanding any other provision of

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

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

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

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

24 workyears shall be applied as defined in the Federal Per25 sonnel Manual: Provided further, That workyears ex-
43

HR 2126 RH

1 pended in dependent student hiring programs for dis2 advantaged youths shall not be included in this workyear

3 limitation.

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

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

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

9 Department of Defense during the current fiscal year and

10 hereafter shall be obligated for the pay of any individual

11 who is initially employed after the date of enactment of

12 this Act as a technician in the administration and training

13 of the Army Reserve and the maintenance and repair of

14 supplies issued to the Army Reserve unless such individual

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

17 technicians employed by the Army Reserve in areas other

18 than Army Reserve troop program units need only be

19 members of the Selected Reserve.

20 SEC. 8016. Notwithstanding any other provision of

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

24 who would otherwise be removed from an active status and

25 who is employed as a National Guard or Reserve techni-
44

HR 2126 RH

1 cian in a position in which active status in a reserve com2 ponent of the Army or Air Force is required as a condition

3 of that employment.

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

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

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

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

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

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

13 active duty of less than three years; or

14 (2) receives an enlistment bonus under section

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

16 nor shall any amounts representing the normal cost of

17 such future benefits be transferred from the Fund by the

18 Secretary of the Treasury to the Secretary of Veterans

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

20 States Code; nor shall the Secretary of Veterans Affairs

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

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

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

25 July 1, 1989, under a program continued or established
45

HR 2126 RH

1 by the Secretary of Defense in fiscal year 1991 to test

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

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

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

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

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

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

13 toward completion of a service commitment: Provided,

14 That this subsection shall not apply to those members who

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

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

18 SEC. 8018. Funds appropriated for the Department

19 of Defense during the current fiscal year and hereafter

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

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

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

25 except that no part of the charges may be paid unless the
46

HR 2126 RH

1 officer agrees to remain a member of the Ready Reserve

2 for at least four years after completion of such training

3 or education.

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

5 Act shall be available to convert to contractor performance

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

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

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

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

12 Appropriations of the House of Representatives and the

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

14 commercial or industrial type function of the Department

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

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

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

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

22 planned to be converted to performance by a qualified firm

23 under 51 percent Native American ownership.

24 (TRANSFER OF FUNDS)

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

26 for the Department of Defense Pilot Mentor-Protege Pro-
47

HR 2126 RH

1 gram may be transferred to any other appropriation con2 tained in this Act solely for the purpose of implementing

3 a Mentor-Protege Program developmental assistance

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

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

7 authority of this provision or any other transfer authority

8 contained in this Act.

9 SEC. 8021. For the purposes of the Balanced Budget

10 and Emergency Deficit Control Act of 1985 (Public Law

11 99–177) as amended by the Balanced Budget and Emer12 gency Deficit Control Reaffirmation Act of 1987 (Public

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

14 1990 (Public Law 101–508), the term program, project,

15 and activity for appropriations contained in this Act shall

16 be defined as the most specific level of budget items identi17 fied in the Department of Defense Appropriations Act,

18 1996, the accompanying House and Senate Committee re19 ports, the conference report and accompanying joint ex20 planatory statement of the managers of the Committee of

21 Conference, the related classified annexes and reports, and

22 the P–1 and R–1 budget justification documents as subse23 quently modified by Congressional action: Provided, That

24 the following exception to the above definition shall apply:
48

HR 2126 RH

1 For the Military Personnel and the Operation and

2 Maintenance accounts, the term ‘‘program, project, and

3 activity’’ is defined as the appropriations accounts con4 tained in the Department of Defense Appropriations Act:

5 Provided further, That at the time the President submits

6 his budget for fiscal year 1997, the Department of De7 fense shall transmit to the congressional defense commit8 tees budget justification document to be known as the ‘‘O–

9 1’’ which shall identify, at the budget activity, activity

10 group, and subactivity group level, the amounts requested

11 by the President to be appropriated to the Department

12 of Defense for operation and maintenance in any budget

13 request, or amended budget request, for fiscal year 1997.

14 SEC. 8022. Of the funds appropriated to the Army,

15 $147,900,000 shall be available only for the Reserve Com16 ponent Automation System (RCAS): Provided, That none

17 of these funds can be expended—

18 (1) except as approved by the Chief of the Na19 tional Guard Bureau;

20 (2) unless RCAS resource management func21 tions are performed by the National Guard Bureau;

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

23 manager who has not been selected and approved by

24 the Chief of the National Guard Bureau and char-
49

HR 2126 RH

1 tered by the Chief of the National Guard Bureau

2 and the Secretary of the Army;

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

4 makes the PM accountable to the Chief of the Na5 tional Guard Bureau and fully defines his authority,

6 responsibility, reporting channels and organizational

7 structure;

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

9 the RCAS program management office unless such

10 organization is comprised of personnel chosen jointly

11 by the Chiefs of the National Guard Bureau and the

12 Army Reserve;

13 (6) to pay contracted costs for the acquisition

14 of RCAS unless RCAS is an integrated system con15 sisting of software, hardware, and communications

16 equipment and unless such contract continues to

17 preclude the use of Government furnished equip18 ment, operating systems, and executive applications

19 software; and

20 (7) unless RCAS performs its own classified in21 formation processing:

22 Provided further, That notwithstanding any other provi23 sion of law, none of the funds appropriated shall be avail24 able for procurement of computers for the Army Reserve

25 Component which are used to network or expand the capa-
50

HR 2126 RH

1 bilities of existing or future information systems or dupli2 cate functions to be provided under the RCAS contract

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

4 at sites scheduled to receive RCAS equipment prior to

5 September 30, 1995, RCAS ADP equipment may be pro6 cured and only in the numbers and types allocated by the

7 RCAS program to each site; and at sites scheduled to re8 ceive RCAS equipment after September 30, 1995, RCAS

9 ADP equipment or ADP equipment from a list of RCAS

10 compatible equipment approved by the Chief of the Na11 tional Guard Bureau or his designee, may be procured and

12 only in the numbers and types allocated by the RCAS pro13 gram to each site; (B) the requesting organizational ele14 ment has insufficient ADP equipment to perform adminis15 trative functions but not to exceed the number of work

16 stations determined by the RCAS program for that site;

17 (C) replacement equipment will not exceed the minimum

18 required to maintain the reliability of existing capabilities;

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

20 feasibility of repairs and maintenance of present ADP

21 equipment as compared to the cost of replacement; and

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

23 by the Chief of the National Guard Bureau or his des24 ignee, provided that the procurement is a one for one re25 placement action of existing equipment.
51

HR 2126 RH

1 SEC. 8023. None of the funds in this Act may be

2 available for the purchase by the Department of Defense

3 (and its departments and agencies) of welded shipboard

4 anchor and mooring chain 4 inches in diameter and under

5 unless the anchor and mooring chain are manufactured

6 in the United States from components which are substan7 tially manufactured in the United States: Provided, That

8 for the purpose of this section manufactured will include

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

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

11 Provided further, That for the purpose of this section sub12 stantially all of the components of anchor and mooring

13 chain shall be considered to be produced or manufactured

14 in the United States if the aggregate cost of the compo15 nents produced or manufactured in the United States ex16 ceeds the aggregate cost of the components produced or

17 manufactured outside the United States: Provided further,

18 That when adequate domestic supplies are not available

19 to meet Department of Defense requirements on a timely

20 basis, the Secretary of the service responsible for the pro21 curement may waive this restriction on a case-by-case

22 basis by certifying in writing to the Committees on Appro23 priations that such an acquisition must be made in order

24 to acquire capability for national security purposes.
52

HR 2126 RH

1 (TRANSFER OF FUNDS)

2 SEC. 8024. 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 seques9 tration set forth in the Balanced Budget and Emergency

10 Deficit Control Act of 1985 (Public Law 99–177) as

11 amended by the Balanced Budget and Emergency Deficit

12 Control Reaffirmation Act of 1987 (Public Law 100–119)

13 and by the Budget Enforcement Act of 1990 (Public Law

14 101–508) as that granted the other military personnel ac15 counts: Provided, That any transfer made pursuant to any

16 use of the authority provided by this provision shall be

17 limited so that the amounts reprogrammed to the oper18 ation and maintenance appropriations do not exceed the

19 amounts sequestered under the Balanced Budget and

20 Emergency Deficit Control Act of 1985 (Public Law 99–

21 177) as amended by the Balanced Budget and Emergency

22 Deficit Control Reaffirmation Act of 1987 (Public Law

23 100–119) and by the Budget Enforcement Act of 1990

24 (Public Law 101–508): Provided further, That the author25 ity to make transfers pursuant to this section is in addi-
53

HR 2126 RH

1 tion to the authority to make transfers under other provi2 sions of this Act: Provided further, That the Secretary of

3 Defense may proceed with such transfer after notifying

4 the Appropriations Committees of the House of Rep5 resentatives and the Senate twenty calendar days in ses6 sion before any such transfer of funds under this provi7 sion.

8 SEC. 8025. None of the funds appropriated by this

9 Act available for the Civilian Health and Medical Program

10 of the Uniformed Services (CHAMPUS) shall be available

11 for the reimbursement of any health care provider for in12 patient mental health service for care received when a pa13 tient is referred to a provider of inpatient mental health

14 care or residential treatment care by a medical or health

15 care professional having an economic interest in the facil16 ity to which the patient is referred: Provided, That this

17 limitation does not apply in the case of inpatient mental

18 health services provided under the program for the handi19 capped under subsection (d) of section 1079 of title 10,

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

21 provided pursuant to a waiver authorized by the Secretary

22 of Defense because of medical or psychological cir23 cumstances of the patient that are confirmed by a health

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

25 pursuant to rules prescribed by the Secretary, which takes
54

HR 2126 RH

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

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

3 availability of that care.

4 SEC. 8026. Funds available in this Act may be used

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

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

7 the Vietnam era to an annual meeting in the United

8 States, under such regulations as the Secretary of Defense

9 may prescribe.

10 SEC. 8027. Notwithstanding any other provision of

11 law, during the current fiscal year, the Secretary of De12 fense may, by Executive Agreement, establish with host

13 nation governments in NATO member states a separate

14 account into which such residual value amounts negotiated

15 in the return of United States military installations in

16 NATO member states may be deposited, in the currency

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

18 the United States Treasury: Provided, That such credits

19 may be utilized only for the construction of facilities to

20 support United States military forces in that host nation,

21 or such real property maintenance and base operating

22 costs that are currently executed through monetary trans23 fers to such host nations: Provided further, That the De24 partment of Defense’s budget submission for fiscal year

25 1997 shall identify such sums anticipated in residual value
55

HR 2126 RH

1 settlements, and identify such construction, real property

2 maintenance or base operating costs that shall be funded

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

4 That all military construction projects to be executed from

5 such accounts must be previously approved in a prior Act

6 of Congress: Provided further, That each such Executive

7 Agreement with a NATO member host nation shall be re8 ported to the congressional defense committees thirty days

9 prior to the conclusion and endorsement of any such

10 agreement established under this provision.

11 SEC. 8028. None of the funds available to the De12 partment of Defense in this Act shall be used to demili13 tarize or dispose of more than 310,784 unserviceable M1

14 Garand rifles and M1 Carbines.

15 SEC. 8029. Notwithstanding any other provision of

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

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

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

19 Code, in a lump sum.

20 SEC. 8030. None of the funds appropriated by this

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

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

23 he or she supervises is considered as a basis for this deter24 mination: Provided, That savings that result from this
56

HR 2126 RH

1 provision are represented as such in future budget propos2 als.

3 SEC. 8031. None of the funds appropriated by this

4 Act shall be available for payments under the Department

5 of Defense contract with the Louisiana State University

6 Medical Center involving the use of cats for Brain Missile

7 Wound Research, and the Department of Defense shall

8 not make payments under such contract from funds obli9 gated prior to the date of the enactment of this Act, except

10 as necessary for costs incurred by the contractor prior to

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

12 for the care of animals covered by this contract are al13 lowed.

14 SEC. 8032. None of the funds provided in this Act

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

16 research at any Army Research Laboratory until the Sec17 retary of the Army certifies that the synthetic compound

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

19 use will result in a significant medical finding, the re20 search has military application, the research will be con21 ducted in accordance with the standards set by an animal

22 care and use committee, and the research does not dupli23 cate research already conducted by a manufacturer or any

24 other research organization.
57

HR 2126 RH

1 SEC. 8033. No more than $50,000 of the funds ap2 propriated or made available in this Act shall be used for

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

4 function of the Department of Defense into or within the

5 National Capital Region: Provided, That the Secretary of

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

7 by certifying in writing to the Committees on Appropria8 tions of the House of Representatives and Senate that

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

10 Government.

11 SEC. 8034. During the current fiscal year, funds ap12 propriated or otherwise available for any Federal agency,

13 the Congress, the judicial branch, or the District of Co14 lumbia may be used for the pay, allowances, and benefits

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

16 an individual employed by the government of the District

17 of Columbia, permanent or temporary indefinite, who—

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

19 Armed Forces, as described in section 261 of title

20 10, or the National Guard, as described in section

21 101 of title 32;

22 (2) performs, for the purpose of providing mili23 tary aid to enforce the law or providing assistance

24 to civil authorities in the protection or saving of life

25 or property or prevention of injury—
58

HR 2126 RH

1 (A) Federal service under section 331,

2 332, 333, 3500, or 8500 of title 10, or other

3 provision 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 sec10 tion; or

11 (B) annual leave, which may be granted

12 without regard to the provisions of sections

13 5519 and 6323(b) of title 5, if such employee

14 is otherwise entitled to such annual leave:

15 Provided, That any employee who requests leave under

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

17 of this section is entitled to such leave, subject to the pro18 visions of this section and of the last sentence of section

19 6323(b) of title 5, and such leave shall be considered leave

20 under section 6323(b) of title 5.

21 SEC. 8035. None of the funds appropriated by this

22 Act shall be available to perform any cost study pursuant

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

24 performed exceeds a period of twenty-four months after

25 initiation of such study with respect to a single function
59

HR 2126 RH

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

2 for a multi-function activity.

3 SEC. 8036. 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. 8037. Notwithstanding any other provision of

8 law or regulation, the Secretary of Defense may adjust

9 wage rates for civilian employees hired for certain health

10 care occupations as authorized for the Secretary of Veter11 ans Affairs by section 7455 of title 38, United States

12 Code.

13 SEC. 8038. None of the funds appropriated or made

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

15 the operation of the 53rd Weather Reconnaissance Squad16 ron of the Air Force Reserve, if such action would reduce

17 the WC–130 Weather Reconnaissance mission below the

18 levels funded in this Act.

19 SEC. 8039. (a) Of the funds for the procurement of

20 supplies or services appropriated by this Act, qualified

21 nonprofit agencies for the blind or other severely handi22 capped shall be afforded the maximum practicable oppor23 tunity to participate as subcontractors and suppliers in the

24 performance of contracts let by the Department of De25 fense.
60

HR 2126 RH

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

2 which has negotiated with a military service or defense

3 agency a subcontracting plan for the participation by

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

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

6 credit toward meeting that subcontracting goal for any

7 purchases made from qualified nonprofit agencies for the

8 blind or other severely handicapped.

9 (c) For the purpose of this section, the phrase ‘‘quali10 fied nonprofit agency for the blind or other severely handi11 capped’’ means a nonprofit agency for the blind or other

12 severely handicapped that has been approved by the Com13 mittee for the Purchase from the Blind and Other Severely

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

15 U.S.C. 46–48).

16 SEC. 8040. During the current fiscal year, net re17 ceipts pursuant to collections from third party payers pur18 suant to section 1095 of title 10, United States Code, shall

19 be made available to the local facility of the uniformed

20 services responsible for the collections and shall be over

21 and above the facility’s direct budget amount.

22 SEC. 8041. During the current fiscal year, the De23 partment of Defense is authorized to incur obligations of

24 not to exceed $350,000,000 for purposes specified in sec25 tion 2350j(c) of title 10, United States Code, in anticipa-
61

HR 2126 RH

1 tion of receipt of contributions, only from the Government

2 of Kuwait, under that section: Provided, That, upon re3 ceipt, such contributions from the Government of Kuwait

4 shall be credited to the appropriation or fund which in5 curred such obligations.

6 SEC. 8042. (a) Funds appropriated in this Act to fi7 nance activities of Department of Defense (DoD) Feder8 ally Funded Research and Development Centers

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

10 FFRDC if a member of its Board of Directors or Trustees

11 simultaneously serves on the Board of Directors or Trust12 ees of a profit-making company under contract to the De13 partment of Defense unless the FFRDC has a DoD ap14 proved conflict of interest policy for its members.

15 (b) LIMITATION ON COMPENSATION.—No employee

16 or executive officer of a defense FFRDC may be com17 pensated at a rate exceeding Executive Schedule Level I

18 by that FFRDC.

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

20 a Board of Directors, Trustees, Overseers, Advisory

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

22 similar entity of a defense FFRDC may be compensated

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

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

25 members of the Defense Science Board: Provided, That
62

HR 2126 RH

1 a member of any such entity shall be allowed travel ex2 penses and per diem as authorized under the Federal

3 Joint Travel Regulations, when engaged in the perform4 ance of membership duties.

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

6 the amounts available to the Department of Defense dur7 ing fiscal year 1996, not more than $1,252,650,000 may

8 be obligated for financing activities of defense FFRDCs:

9 Provided, That in addition to any other reductions re10 quired by this section, the total amounts appropriated in

11 titles II, III, and IV of this Act to finance activities carried

12 out by defense FFRDCs and other entities providing con13 sulting services, studies and analyses, systems engineering

14 and technical assistance, and technical engineering and

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

16 SEC. 8043. None of the funds appropriated or made

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

18 or armor steel plate for use in any Government-owned fa19 cility or property under the control of the Department of

20 Defense which were not melted and rolled in the United

21 States or Canada: Provided, That these procurement re22 strictions shall apply to any and all Federal Supply Class

23 9515, American Society of Testing and Materials (ASTM)

24 or American Iron and Steel Institute (AISI) specifications

25 of carbon, alloy or armor steel plate: Provided further,
63

HR 2126 RH

1 That the Secretary of the military department responsible

2 for the procurement may waive this restriction on a case3 by-case basis by certifying in writing to the Committees

4 on Appropriations of the House of Representatives and the

5 Senate that adequate domestic supplies are not available

6 to meet Department of Defense requirements on a timely

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

8 to acquire capability for national security purposes: Pro9 vided further, That these restrictions shall not apply to

10 contracts which are in being as of the date of enactment

11 of this Act.

12 SEC. 8044. None of the unobligated balances avail13 able in the National Defense Stockpile Transaction Fund

14 during the current fiscal year may be obligated or ex15 pended to finance any grant or contract to conduct re16 search, development, test and evaluation activities for the

17 development or production of advanced materials, unless

18 amounts for such purposes are specifically appropriated

19 in a subsequent appropriations Act.

20 SEC. 8045. For the purposes of this Act, the term

21 ‘‘congressional defense committees’’ means the Commit22 tees on Appropriations of the Senate and the House of

23 Representatives, the subcommittee on National Security of

24 the Committee on Appropriations and the Committee on
64

HR 2126 RH

1 National Security of the House of Representatives, and

2 the Committee on Armed Services of the Senate.

3 SEC. 8046. Notwithstanding any other provision of

4 law, during the current fiscal year, the Department of De5 fense may acquire the modification, depot maintenance

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

7 production of components and other Defense-related arti8 cles, through competition between Department of Defense

9 depot maintenance activities and private firms: Provided,

10 That the Senior Acquisition Executive of the military de11 partment or defense agency concerned, with power of dele12 gation, shall certify that successful bids include com13 parable estimates of all direct and indirect costs for both

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

15 Management and Budget Circular A–76 shall not apply

16 to competitions conducted under this section.

17 SEC. 8047. (a)(1) If the Secretary of Defense, after

18 consultation with the United States Trade Representative,

19 determines that a foreign country which is party to an

20 agreement described in paragraph (2) has violated the

21 terms of the agreement by discriminating against certain

22 types of products produced in the United States that are

23 covered by the agreement, the Secretary of Defense shall

24 rescind the Secretary’s blanket waiver of the Buy Amer-
65

HR 2126 RH

1 ican Act with respect to such types of products produced

2 in that foreign country.

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

4 reciprocal defense procurement memorandum of under5 standing, between the United States and a foreign country

6 pursuant to which the Secretary of Defense has prospec7 tively waived the Buy American Act for certain products

8 in that country.

9 (b) The Secretary of Defense shall submit to Con10 gress a report on the amount of Department of Defense

11 purchases from foreign entities in fiscal year 1996. Such

12 report shall separately indicate the dollar value of items

13 for which the Buy American Act was waived pursuant to

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

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

16 international agreement to which the United States is a

17 party.

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

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

20 making appropriations for the Treasury and Post Office

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

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

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

24 SEC. 8048. Notwithstanding any other provision of

25 law, the Secretary of Defense may, when he considers it
66

HR 2126 RH

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

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

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

4 uniformed service if such indebtedness, as determined by

5 the Secretary, was incurred in connection with Operation

6 Desert Shield/Storm: Provided, That the amount of an in7 debtedness previously paid by a member or former mem8 ber and cancelled under this section shall be refunded to

9 the member.

10 SEC. 8049. Appropriations contained in this Act that

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

12 a result of energy cost savings realized by the Department

13 of Defense shall remain available for obligation for the

14 next fiscal year to the extent, and for the purposes, pro15 vided in section 2865 of title 10, United States Code.

16 SEC. 8050. During the current fiscal year and there17 after, voluntary separation incentives payable under 10

18 U.S.C. 1175 may be paid in such amounts as are nec19 essary from the assets of the Voluntary Separation Incen20 tive Fund established by section 1175(h)(1).

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8051. Amounts deposited during the current fis23 cal year to the special account established under 40 U.S.C.

24 485(h)(2) and to the special account established under 10

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

26 until transferred by the Secretary of Defense to current
67

HR 2126 RH

1 applicable appropriations or funds of the Department of

2 Defense under the terms and conditions specified by 40

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

4 2667(d)(1)(B), to be merged with and to be available for

5 the same time period and the same purposes as the appro6 priation to which transferred.

7 SEC. 8052. During the current fiscal year, appropria8 tions available to the Department of Defense may be used

9 to reimburse a member of a reserve component of the

10 Armed Forces who is not otherwise entitled to travel and

11 transportation allowances and who occupies transient gov12 ernment housing while performing active duty for training

13 or inactive duty training: Provided, That such members

14 may be provided lodging in kind if transient government

15 quarters are unavailable as if the member was entitled to

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

17 37, United States Code: Provided further, That if lodging

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

19 of such lodging may be paid directly from funds appro20 priated for operation and maintenance of the reserve com21 ponent of the member concerned.

22 SEC. 8053. None of the funds available in this Act

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

24 or other related expenses, the ‘‘Tailhook Association’’.
68

HR 2126 RH

1 SEC. 8054. The President shall include with each

2 budget for a fiscal year submitted to the Congress under

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

4 that shall identify clearly and separately the amounts re5 quested in the budget for appropriation for that fiscal year

6 for salaries and expenses related to administrative activi7 ties of the Department of Defense, the military

8 departments, and the Defense Agencies.

9 SEC. 8055. During the current fiscal year, amounts

10 contained in the Department of Defense Overseas Military

11 Facility Investment Recovery Account established by sec12 tion 2921(c)(1) of the National Defense Authorization Act

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

14 be available until expended for the payments specified by

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

16 SEC. 8056. During the current fiscal year and there17 after, annual payments granted under the provisions of

18 section 4416 of the National Defense Authorization Act

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

20 2714) shall be made from appropriations which are avail21 able for the pay of reserve component personnel.

22 SEC. 8057. Of the funds appropriated or otherwise

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

24 shall be available for payment of the operating costs of

25 NATO Headquarters.
69

HR 2126 RH

1 SEC. 8058. During the current fiscal year, appropria2 tions which are available to the Department of Defense

3 for operation and maintenance may be used to purchase

4 items having an investment item unit cost of not more

5 than $50,000.

6 SEC. 8059. During the current fiscal year and there7 after, appropriations available for the pay and allowances

8 of active duty members of the Armed Forces shall be avail9 able to pay the retired pay which is payable pursuant to

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

11 note) under the terms and conditions provided in section

12 4403.

13 SEC. 8060. (a) During the current fiscal year, none

14 of the appropriations or funds available to the Defense

15 Business Operations Fund shall be used for the purchase

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

17 inventory item for sale or anticipated sale during the cur18 rent fiscal year or a subsequent fiscal year to customers

19 of the Defense Business Operations Fund if such an item

20 would not have been chargeable to the Defense Business

21 Operations Fund during fiscal year 1994 and if the pur22 chase of such an investment item would be chargeable dur23 ing the current fiscal year to appropriations made to the

24 Department of Defense for procurement.
70

HR 2126 RH

1 (b) The fiscal year 1997 budget request for the De2 partment of Defense as well as all justification material

3 and other documentation supporting the fiscal year 1997

4 Department of Defense budget shall be prepared and sub5 mitted to the Congress on the basis that any equipment

6 which was classified as an end item and funded in a pro7 curement appropriation contained in this Act shall be

8 budgeted for in a proposed fiscal year 1997 procurement

9 appropriation and not in the supply management business

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

11 Operations Fund.

12 SEC. 8061. None of the funds provided in this Act

13 shall be available for use by a Military Department to

14 modify an aircraft, weapon, ship or other item of equip15 ment, that the Military Department concerned plans to

16 retire or otherwise dispose of within five years after com17 pletion of the modification: Provided, That this prohibition

18 shall not apply to safety modifications: Provided further,

19 That this prohibition may be waived by the Secretary of

20 a Military Department if the Secretary determines it is

21 in the best national security interest of the United States

22 to provide such waiver and so notifies the congressional

23 defense committees in writing.

24 SEC. 8062. No part of the funds in this Act shall

25 be available to prepare or present a request to the Com-
71

HR 2126 RH

1 mittees on Appropriations for reprogramming of funds,

2 unless for higher priority items, based on unforeseen mili3 tary requirements, than those for which originally appro4 priated and in no case where the item for which

5 reprogramming is requested has been denied by the Con6 gress.

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

8 Act shall be available for payment of the compensation

9 of personnel assigned to or serving in the National For10 eign Intelligence Program in excess of 92 percent of such

11 personnel actually assigned to or serving in the National

12 Foreign Intelligence Program on September 30, 1992:

13 Provided, That in making any reduction in the number

14 of such personnel that may be required pursuant to this

15 section, the percentage of reductions to Senior Intelligence

16 Service positions shall be equal to or exceed the percentage

17 of reductions to non-Senior Intelligence Service positions:

18 Provided further, That in making any reduction in the

19 number of such personnel that may be required pursuant

20 to this section, the percentage of reductions to positions

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

22 the percentage of reductions to positions outside of the

23 National Capital Region.

24 SEC. 8064. None of the funds provided by this Act

25 may be used to pay the salaries of any person or persons
72

HR 2126 RH

1 who authorize the transfer of obligated and deobligated

2 appropriations into the Reserve for Contingencies of the

3 Central Intelligence Agency.

4 SEC. 8065. None of the funds appropriated by this

5 Act for programs of the Central Intelligence Agency shall

6 remain available for obligation beyond the current fiscal

7 year, except for funds appropriated for the Reserve for

8 Contingencies, which shall remain available until Septem9 ber 30, 1997.

10 SEC. 8066. The classified Annex prepared by the

11 Committee on Appropriations to accompany the report on

12 the Department of Defense Appropriations Act, 1996 is

13 hereby incorporated into this Act: Provided, That the

14 amounts specified in the classified Annex are not in addi15 tion to amounts appropriated by other provisions of this

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

17 appropriate distribution of the classified Annex, or of ap18 propriate portions of the classified Annex, within the exec19 utive branch of the Government.

20 SEC. 8067. Notwithstanding any other provision of

21 law, funds made available in this Act for the Defense In22 telligence Agency may be used for the design, develop23 ment, and deployment of General Defense Intelligence

24 Program intelligence communications and intelligence in-
73

HR 2126 RH

1 formation systems for the Services, the Unified and Speci2 fied Commands, and the component commands.

3 SEC. 8068. Notwithstanding any other provision of

4 law, funds appropriated in this Act for the High Perform5 ance Computing Modernization Program shall be made

6 available only for the acquisition and sustainment of oper7 ations, including maintenance of the supercomputing and

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

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

10 the DOD Test and Evaluation centers under the Director,

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

12 Missile Defense Organization: Provided, That the con13 tracts, contract modifications, or contract options are

14 awarded competitively solely upon the requirements of the

15 users.

16 SEC. 8069. Amounts collected for the use of the fa17 cilities of the National Science Center for Communications

18 and Electronics during the current fiscal year pursuant

19 to section 1459(g) of the Department of Defense Author20 ization Act, 1986 and deposited to the special account es21 tablished under subsection 1459(g)(2) of that Act are ap22 propriated and shall be available until expended for the

23 operation and maintenance of the Center as provided for

24 in subsection 1459(g)(2).
74

HR 2126 RH

1 SEC. 8070. None of the funds appropriated in this

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

3 military medical facility with a health care professional

4 unless the prospective candidate can demonstrate profes5 sional administrative skills.

6 SEC. 8071. (a) None of the funds appropriated in this

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

8 Defense unless the entity, in expending the funds, com9 plies with the Buy American Act. For purposes of this

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

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

12 Treasury and Post Office Departments for the fiscal year

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

14 March 3, 1933 (41 U.S.C. 10a et seq.).

15 (b) If the Secretary of Defense determines that a per16 son has been convicted of intentionally affixing a label

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

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

19 in America, the Secretary shall determine, in accordance

20 with section 2410f of title 10, United States Code, wheth21 er the person should be debarred from contracting with

22 the Department of Defense.

23 SEC. 8072. None of the funds appropriated by this

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

25 or consulting services entered into without competition on
75

HR 2126 RH

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

2 activity responsible for the procurement determines—

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

4 only one source is found fully qualified to perform

5 the proposed work, or

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

7 unsolicited proposal which offers significant sci8 entific or technological promise, represents the prod9 uct of original thinking, and was submitted in con10 fidence by one source, or

11 (3) the purpose of the contract is to take ad12 vantage of unique and significant industrial accom13 plishment by a specific concern, or to insure that a

14 new product or idea of a specific concern is given fi15 nancial support:

16 Provided, That this limitation shall not apply to contracts

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

18 improvements of equipment that is in development or pro19 duction, or contracts as to which a civilian official of the

20 Department of Defense, who has been confirmed by the

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

22 the interest of the national defense.

23 SEC. 8073. Funds appropriated by this Act for intel24 ligence activities are deemed to be specifically authorized

25 by the Congress for purposes of section 504 of the Na-
76

HR 2126 RH

1 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

2 year 1996 until the enactment of the Intelligence Author3 ization Act for fiscal year 1996.

4 SEC. 8074. (a) None of the funds made available by

5 this Act may be obligated for design, development, acquisi6 tion, or operation of more than 47 Titan IV expendable

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

8 a Titan IV requirement beyond 47 vehicles.

9 (b) $115,226,000 made available in this Act for Re10 search, Development, Test and Evaluation, Air Force,

11 may only be obligated for development of a new family

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

13 evolved from existing technologies.

14 SEC. 8075. No funds available to the Department of

15 Defense in this Act may be used to establish additional

16 field operating agencies of any element of the Department

17 during fiscal year 1996, except for field operating agencies

18 funded within the National Foreign Intelligence Program.

19 SEC. 8076. Notwithstanding any other provision of

20 law, for resident classes entering the war colleges after

21 September 30, 1996, the Department of Defense shall re22 quire that not less than 20 percent of the total of United

23 States military students at each war college shall be from

24 military departments other than the hosting military de25 partment: Provided, That each military department will
77

HR 2126 RH

1 recognize the attendance at a sister military department

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

3 college for promotion and advancement of personnel.

4 SEC. 8077. None of the funds provided in this Act

5 may be obligated for payment on new contracts on which

6 allowable costs charged to the government include pay7 ments for individual compensation at a rate in excess of

8 $250,000 per year.

9 SEC. 8078. None of the funds available in this Act

10 may be used to reduce the authorized positions for mili11 tary (civilian) technicians of the Army National Guard,

12 the Air National Guard, Army Reserve and Air Force Re13 serve for the purpose of applying any administratively im14 posed civilian personnel ceiling, freeze, or reduction on

15 military (civilian) technicians, unless such reductions are

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

17 SEC. 8079. During the current fiscal year, funds ap18 propriated in this Act are available to compensate mem19 bers of the National Guard for duty performed pursuant

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

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

22 United States Code: Provided, That during the perform23 ance of such duty, the members of the National Guard

24 shall be under State command and control: Provided fur25 ther, That such duty shall be treated as full-time National
78

HR 2126 RH

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

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

3 SEC. 8080. Funds appropriated in this Act for oper4 ation and maintenance of the Military Departments, Uni5 fied and Specified Commands and Defense Agencies shall

6 be available for reimbursement of pay, allowances and

7 other expenses which would otherwise be incurred against

8 appropriations for the National Guard and Reserve when

9 members of the National Guard and Reserve provide intel10 ligence support to Unified Commands, Defense Agencies

11 and Joint Intelligence Activities, including the activities

12 and programs included within the General Defense Intel13 ligence Program and the Consolidated Cryptologic Pro14 gram: Provided, That nothing in this section authorizes

15 deviation from established Reserve and National Guard

16 personnel and training procedures.

17 SEC. 8081. (a) No project for the construction of any

18 facility, or improvement to any facility, having an esti19 mated Federal cost in excess of $750,000, may be under20 taken in any fiscal year unless specifically identified as

21 a separate item in the President’s annual fiscal year budg22 et request or otherwise specifically authorized and appro23 priated if such facility or improvement would be used pri24 marily by personnel of the intelligence community.
79

HR 2126 RH

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

2 community’’ has the same meaning given that term in sec3 tion 3(4) of the National Security Act of 1947 (50 U.S.C.

4 401a(4)).

5 SEC. 8082. The Secretary of Defense, from within

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

7 $75,000 to fulfill Department of Defense obligations

8 under the Educational Loan Repayment Programs for

9 State-sponsored student loan programs not covered under

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

11 (title 20 U.S.C. 1071–1087).

12 SEC. 8083. All refunds or other amounts collected in

13 the administration of the Civilian Health and Medical Pro14 gram of the Uniformed Services (CHAMPUS) shall be

15 credited to current year appropriations.

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8084. None of the funds appropriated in this

18 Act may be transferred to or obligated from the Pentagon

19 Reservation Maintenance Revolving Fund, unless the Sec20 retary of Defense certifies that the total cost for the plan21 ning design, construction and installation of equipment for

22 the renovation of the Pentagon Reservation will not exceed

23 $1,218,000,000.

24 SEC. 8085. (a) None of the funds available to the

25 Department of Defense for any fiscal year for drug inter26 diction or counter-drug activities may be transferred to
80

HR 2126 RH

1 any other department or agency of the United States ex2 cept as specifically provided in an appropriations law.

3 (b) None of the funds available to the Central Intel4 ligence Agency for any fiscal year for drug interdiction

5 and counter-drug activities may be transferred to any

6 other department or agency of the United States except

7 as specifically provided in an appropriations law.

8 (TRANSFER OF FUNDS)

9 SEC. 8086. Appropriations available in this Act under

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

11 for increasing energy and water efficiency in Federal

12 buildings may, during their period of availability, be trans13 ferred to other appropriations or funds of the Department

14 of Defense for projects related to increasing energy and

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

16 for the same general purposes, and for the same time pe17 riod, as the appropriation or fund to which transferred.

18 SEC. 8087. Funds in the amount of $61,300,000 re19 ceived during fiscal year 1996 by the Department of the

20 Air Force pursuant to the ‘‘Memorandum of Agreement

21 between the National Aeronautics and Space Administra22 tion and the United States Air Force on Titan IV/Centaur

23 Launch Support for the Cassini Mission,’’ signed Septem24 ber 8, 1994, and September 23, 1994, and Attachments

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

26 appropriations available for research, development, test
81

HR 2126 RH

1 and evaluation and procurement for fiscal year 1996, and

2 shall be available for the same time period as the appro3 priation with which merged, and shall be available for obli4 gation only for those Titan IV vehicles and Titan IV-relat5 ed activities under contract as of the date of enactment

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

7 program sustaining support contract to be awarded in fis8 cal year 1996.

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8088. In addition to amounts appropriated or

11 otherwise made available by this Act, $44,000,000 is here12 by appropriated to the Department of Defense and shall

13 be available only for transfer to the United States Coast

14 Guard for activities relating to national security.

15 SEC. 8089. The total amount appropriated in title II,

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

17 for savings through improved management of contractor

18 automatic data processing costs charged through indirect

19 rates on Department of Defense acquisition contracts.

20 SEC. 8090. (a) None of the funds appropriated in

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

22 of Defense for acquisition or advance procurement of any

23 system or end item using incremental funding.

24 (b) For purposes of this section, the term ‘‘incremen25 tal funding’’ has the meaning provided in paragraph (3)

26 of section 114(f) of title 10, United States Code, as added
82

HR 2126 RH

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

2 Congress (the National Defense Authorization Act for Fis3 cal Year 1996), as passed by the House of Representatives

4 on June 15, 1995.

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

6 is classified as an advance procurement for a system or

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

8 SEC. 8091. None of the funds in this Act may be

9 used to purchase any supercomputer which is not manu10 factured in the United States, unless the Secretary of De11 fense certifies to the congressional defense committees

12 that such an acquisition must be made in order to acquire

13 capability for national security purposes that is not avail14 able from United States manufacturers.

15 SEC. 8092. None of the funds appropriated in this

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

17 procurement of 120mm mortars or 120mm mortar ammu18 nition manufactured outside of the United States.

19 SEC. 8093. The Department of Defense shall release

20 all funds appropriated and available for the HAVE GAZE

21 program to the Department of the Air Force for obligation

22 under existing contractual arrangements.

23 SEC. 8094. Notwithstanding any other provision of

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

25 Maintenance appropriation for refueling overhauls and
83

HR 2126 RH

1 defueling inactivations of nuclear-powered warships are

2 available to transport the shipments of naval spent nuclear

3 fuel to the Idaho National Engineering Laboratory needed

4 for examination and storage to avoid threats to the na5 tional security; and (b) the Secretary of the Navy is hereby

6 authorized to immediately commence and accomplish such

7 transportation: Provided, That the Secretary of Defense

8 shall make the determination as to what shipments are

9 required for that purpose and shall ensure that the ship10 ments are made in accordance with the practices and re11 quirements applied to previous container shipments of

12 naval spent fuel to the Idaho National Engineering Lab13 oratory: Provided further, That the authority in this sec14 tion shall expire on September 30, 1996 or upon the vaca15 tion or stay of the current or any subsequent injunction

16 issued by the United States District Court for the District

17 of Idaho which enjoins such shipments, whichever occurs

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

19 may not be used unless the Secretary of Defense certifies

20 in writing to the congressional defense committees that a

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

22 United States Government was attempted but could not

23 be reached concerning interim shipments of spent nuclear

24 fuel enjoined by any such injunction based on national se25 curity reasons.
84

HR 2126 RH

1 SEC. 8095. None of the funds appropriated by this

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

3 long-term basis used to transport fuel or oil for the De4 partment of Defense in those instances where the leases

5 involve the construction of new ships unless the Secretary

6 of Defense requires that the vessel be constructed in the

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

8 or charter authority provided in section 2401 note of title

9 10, United States Code: Provided, That this limitation

10 shall not apply to contracts in force on the date of enact11 ment of this Act: Provided further, That by 1997 at least

12 20 percent of annual leases and charters must be for ships

13 of new construction: Provided further, That the Military

14 Sealift Command shall plan to achieve the goal of elimi15 nating single hull ship leases by the year 2015.

16 SEC. 8096. None of the funds appropriated or made

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

18 be used to develop or procure main propulsion engines for

19 the LPD–17 class of ships unless such equipment is pow20 ered by a diesel engine manufactured in the United States

21 by a domestically operated entity: Provided, That the Sec22 retary of Defense may waive this restriction on a case23 by-case basis by certifying in writing to the Committees

24 on Appropriations of the House of Representatives and the

25 Senate that adequate domestic supplies are not available
85

HR 2126 RH

1 to meet Department of Defense requirements on a timely

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

3 to acquire capability for national security purposes or

4 there exists a significant cost or quality difference.

5 SEC. 8097. None of the funds appropriated or made

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

7 be used to develop or procure an emergency generator set

8 for the New Attack Submarine unless such equipment is

9 powered by a diesel engine manufactured in the United

10 States by a domestically operated entity: Provided, That

11 the Secretary of Defense may waive this restriction on a

12 case-by-case basis by certifying in writing to the Commit13 tees on Appropriations of the House of Representatives

14 and the Senate that adequate domestic supplies are not

15 available to meet Department of Defense requirements on

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

17 in order to acquire capability for national security pur18 poses or there exists a significant cost or quality dif19 ference.

20 SEC. 8098. The Army shall use George Air Force

21 Base as the interim airhead for the National Training

22 Center at Fort Irwin until Barstow-Daggett reaches Ini23 tial Operational Capability as the permanent airhead: Pro24 vided, That within funds appropriated for ‘‘Operation and

25 Maintenance, Army’’ in this Act, not less than $2,000,000
86

HR 2126 RH

1 shall be available only to operate the National Training

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

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

4 Army shall provide the congressional defense committees

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

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

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

8 Department of the Army shall complete planning and de9 sign of the Barstow-Daggett airfield as the permanent

10 airhead in support of training rotations at the National

11 Training Center.

12 (TRANSFER OF FUNDS)

13 SEC. 8099. During the current fiscal year, the Sec14 retary of Defense may carry out transfers of funds of not

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

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

17 of the National Defense Authorization Act for Fiscal Year

18 1996 (H.R. 1530): Provided, That the transfer authority

19 provided in this paragraph is in addition to any transfer

20 authority contained elsewhere in this Act.

21 SEC. 8100. The sum of $77,500,000 appropriated in

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

23 II for additional incremental costs associated with the op24 erations of the Department of Defense designated, as of

25 June 1, 1995, as Operation Southern Watch and Oper26 ation Provide Comfort—
87

HR 2126 RH

1 (1) shall not be obligated or expended before

2 the date on which the budget of the President for

3 fiscal year 1997 is transmitted to Congress; and

4 (2) may be obligated or expended for such in5 cremental costs on or after such date only if that

6 budget specifically sets forth amounts proposed for

7 fiscal year 1997 for each of those operations.

8 SEC. 8101. (a) The Secretary of Defense shall sub9 mit, on a quarterly basis, a report to the congressional

10 defense committees setting forth all costs (including incre11 mental costs) incurred by the Department of Defense dur12 ing the preceding quarter in implementing or supporting

13 resolutions of the United Nations Security Council, includ14 ing any such resolution calling for international sanctions,

15 international peacekeeping operations, and humanitarian

16 missions undertaken by the Department of Defense. The

17 quarterly report shall include an aggregate of all such De18 partment of Defense costs by operation or mission.

19 (b) The Secretary of Defense shall detail in the quar20 terly reports all efforts made to seek credit against past

21 United Nations expenditures and all efforts made to seek

22 compensation from the United Nations for costs incurred

23 by the Department of Defense in implementing and sup24 porting United Nations activities.
88

HR 2126 RH

1 SEC. 8102. (a) LIMITATION ON PARTICIPATION IN

2 CERTAIN OPERATIONS.—None of the funds available to

3 the Department of Defense for the current fiscal year shall

4 be obligated or expended for costs incurred by United

5 States Armed Forces units serving in an operation de6 scribed in subsection (b) unless the President engages in

7 consultations with the bipartisan leadership of Congress

8 and the congressional committees named in subsection (e)

9 regarding such operation in accordance with subsection

10 (c)(1).

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

12 to the following:

13 (A) Any international peacekeeping or peace-en14 forcement operation that is not underway as of the

15 date of the enactment of this Act and that is author16 ized by the Security Council of the United Nations

17 under chapter VI or VII of the Charter of the Unit18 ed Nations.

19 (B) Any other international peacekeeping or

20 peace-enforcement operation that is not underway as

21 of the date of the enactment of this Act.

22 (C) Any deployment after the date of the enact23 ment of this Act of United States ground forces in

24 the territory of the former Yugoslavia above the level

25 of such forces so deployed as of such date of enact-
89

HR 2126 RH

1 ment, other than a deployment involving fewer than

2 100 personnel.

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

4 international humanitarian assistance operation.

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

6 (A) an international humanitarian assistance

7 operation carried out in response to a disaster; or

8 (B) any other international humanitarian as9 sistance operation if the President reports to Con10 gress that the estimated cost of such operation is

11 less than $50,000,000.

12 (c) CONSULTATION WITH CONGRESS.—(1) Consulta13 tions under subsection (a) in the case of any operation

14 shall be initiated before the initial deployment of United

15 States Armed Forces units to participate in the operation

16 and, whenever possible, at least 15 days before such de17 ployment. However, if the President determines that the

18 national security so requires, the President may delay the

19 initiation of such consultations until after such initial de20 ployment, but in no case may such consultations be initi21 ated later than 48 hours after such deployment.

22 (2) Such consultations shall include discussion of all

23 of the following:
90

HR 2126 RH

1 (A) The goals of the operation and the mission

2 of any United States Armed Forces units involved in

3 the operation.

4 (B) The United States interests that will be

5 served by the operation.

6 (C) The estimated cost of the operation.

7 (D) The strategy by which the President pro8 poses to fund the operation, including possible sup9 plemental appropriations or payments from inter10 national organizations, foreign countries, or other

11 donors.

12 (E) The extent of involvement of armed forces

13 and other contributions of personnel from other na14 tions.

15 (F) The anticipated duration and scope of the

16 operation.

17 (3) Such consultations shall continue on a periodic

18 basis throughout the period of the deployment.

19 (d) REQUESTS FOR EMERGENCY SUPPLEMENTAL

20 APPROPRIATIONS.—Whenever there is a deployment of

21 United States Armed Forces to perform an international

22 humanitarian, peacekeeping, or peace-enforcement oper23 ation, the President should seek emergency supplemental

24 appropriations to meet the incremental costs to the De-
91

HR 2126 RH

1 partment of Defense of that deployment not later than 90

2 days after the date on which such deployment commences.

3 (e) COMMITTEES TO BE INCLUDED IN CONSULTA4 TIONS.—The committees referred to in subsection (a) are

5 the following:

6 (1) The congressional defense committees.

7 (2) The Committee on Foreign Relations of the

8 Senate and the Committee on International Rela9 tions of the House of Representatives.

10 (3) The Select Committee on Intelligence of the

11 Senate and the Permanent Select Committee on In12 telligence of the House of Representatives.

13 SEC. 8103. (a) LIMITATION ON TRANSFER OF DE14 FENSE ARTICLES AND SERVICES.—Notwithstanding any

15 other provision of law, none of the funds available to the

16 Department of Defense for the current fiscal year may be

17 obligated or expended to transfer to another nation or an

18 international organization any defense articles or services

19 (other than intelligence services) for use in the activities

20 described in subsection (b) unless the congressional de21 fense committees are notified 15 days in advance of such

22 transfer.

23 (b) COVERED ACTIVITIES.—(1) This section applies

24 to—
92

HR 2126 RH

1 (A) any international peacekeeping or peace-en2 forcement operation under the authority of chapter

3 VI or chapter VII of the United Nations Charter

4 under the authority of a United Nations Security

5 Council resolution; and

6 (B) any other international peacekeeping,

7 peace-enforcement, humanitarian, or disaster relief

8 operation.

9 (c) REQUIRED NOTICE.—A notice under subsection

10 (a) shall include the following:

11 (1) A description of the equipment, supplies, or

12 services to be transferred.

13 (2) A statement of the value of the equipment,

14 supplies, or services to be transferred.

15 (3) In the case of a proposed transfer of equip16 ment or supplies—

17 (A) a statement of whether the inventory

18 requirements of all elements of the Armed

19 Forces (including the reserve components) for

20 the type of equipment or supplies to be trans21 ferred have been met; and

22 (B) a statement of whether the items pro23 posed to be transferred will have to be replaced

24 and, if so, how the President proposes to pro25 vide funds for such replacement.
93

HR 2126 RH

1 SEC. 8104. None of the funds available to the De2 partment of Defense shall be obligated or expended for

3 the purposes of deploying United States Armed Forces to

4 participate in the implementation of a negotiated peace

5 settlement in Bosnia-Herzegovina, unless such deployment

6 is previously authorized by law.

7 SEC. 8105. Except as expressly authorized by law or

8 provided for specifically in an Act making appropriations

9 for the Department of Defense, none of the funds available

10 to the Department of Defense after December 1, 1995,

11 for the current fiscal year or any fiscal year hereafter shall

12 be available to support or otherwise provide funds for any

13 program or activity (other than an intelligence program

14 or activity) for which another Federal department or agen15 cy has primary responsibility or which is a type of pro16 gram or activity for which funds are customarily provided

17 in appropriations available to another Federal department

18 or agency. The limitation in the preceding sentence does

19 not apply with respect to funds made available to another

20 department or agency in accordance with section 1535 of

21 title 31, United States Code.

22 SEC. 8106. None of the funds available to the De23 partment of Defense shall be obligated or expended to

24 make a financial contribution to the United Nations for

25 the cost of an United Nations peacekeeping activity
94

HR 2126 RH

1 (whether pursuant to assessment or a voluntary contribu2 tion) or for payment of any United States arrearage to

3 the United Nations.

4 ‘‘This Act may be cited as the Department of Defense

5 Appropriations Act, 1996’’.

HR 2126 RH——2

HR 2126 RH——3

HR 2126 RH——4

HR 2126 RH——5

HR 2126 RH——6

HR 2126 RH——7