104TH CONGRESS

1ST SESSION H. R. 2126

AN ACT

Making appropriations for the Department of De1996, and for other purposes. fense for the fiscal year ending September 30,
104TH CONGRESS

1ST SESSION H. R. 2126

AN ACT

Making appropriations for the Department of Defense for

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

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 1996, for military func4 tions administered by the Department of Defense, and for

5 other purposes, namely:

6 TITLE I

7 MILITARY PERSONNEL

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, interest on

10 deposits, gratuities, permanent change of station travel

11 (including all expenses thereof for organizational move12 ments), and expenses of temporary duty travel between

13 permanent duty stations, for members of the Army on ac14 tive duty (except members of reserve components provided

15 for elsewhere), cadets, and aviation cadets; and for pay16 ments pursuant to section 156 of Public Law 97–377, as

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

18 Social Security Act (42 U.S.C. 429(b)), and to the De19 partment of Defense Military Retirement Fund;

20 $19,884,608,000.

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, interest on

23 deposits, gratuities, permanent change of station travel

24 (including all expenses thereof for organizational move25 ments), and expenses of temporary duty travel between
3

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1 permanent duty stations, for members of the Navy on ac2 tive duty (except members of the Reserve provided for

3 elsewhere), midshipmen, and aviation cadets; and for pay4 ments pursuant to section 156 of Public Law 97–377, as

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

6 Social Security Act (42 U.S.C. 429(b)), and to the De7 partment of Defense Military Retirement Fund;

8 $17,006,363,000.

9 MILITARY PERSONNEL, MARINE CORPS

10 For pay, allowances, individual clothing, interest on

11 deposits, gratuities, permanent change of station travel

12 (including all expenses thereof for organizational move13 ments), and expenses of temporary duty travel between

14 permanent duty stations, for members of the Marine

15 Corps on active duty (except members of the Reserve pro16 vided for elsewhere); and for payments pursuant to section

17 156 of Public Law 97–377, as amended (42 U.S.C. 402

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

19 U.S.C. 429(b)), and to the Department of Defense Mili20 tary Retirement Fund; $5,928,340,000.

21 MILITARY PERSONNEL, AIR FORCE

22 For pay, allowances, individual clothing, interest on

23 deposits, gratuities, permanent change of station travel

24 (including all expenses thereof for organizational move25 ments), and expenses of temporary duty travel between
4

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1 permanent duty stations, for members of the Air Force

2 on active duty (except members of reserve components

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

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

5 377, as amended (42 U.S.C. 402 note), to section 229(b)

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

7 Department of Defense Military Retirement Fund;

8 $17,294,620,000.

9 RESERVE PERSONNEL, ARMY

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

11 travel, and related expenses for personnel of the Army Re12 serve on active duty under sections 10211, 10302, and

13 3038 of title 10, United States Code, or while serving on

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

15 States Code, in connection with performing duty specified

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

17 while undergoing reserve training, or while performing

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

19 of the Reserve Officers’ Training Corps, and expenses au20 thorized by section 16131 of title 10, United States Code;

21 and for payments to the Department of Defense Military

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

23 RESERVE PERSONNEL, NAVY

24 For pay, allowances, clothing, subsistence, gratuities,

25 travel, and related expenses for personnel of the Navy Re-
5

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1 serve on active duty under section 10211 of title 10, Unit2 ed States Code, or while serving on active duty under sec3 tion 12301(d) of title 10, United States Code, in connec4 tion with performing duty specified in section 12310(a)

5 of title 10, United States Code, or while undergoing re6 serve training, or while performing drills or equivalent

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

8 Corps, and expenses authorized by section 16131 of title

9 10, United States Code; and for payments to the Depart10 ment of Defense Military Retirement Fund;

11 $1,350,023,000.

12 RESERVE PERSONNEL, MARINE CORPS

13 For pay, allowances, clothing, subsistence, gratuities,

14 travel, and related expenses for personnel of the Marine

15 Corps Reserve on active duty under section 10211 of title

16 10, United States Code, or while serving on active duty

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

18 in connection with performing duty specified in section

19 12310(a) of title 10, United States Code, or while under20 going reserve training, or while performing drills or equiv21 alent duty, and for members of the Marine Corps platoon

22 leaders class, and expenses authorized by section 16131

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

24 Department of Defense Military Retirement Fund;

25 $366,101,000.
6

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1 RESERVE PERSONNEL, AIR FORCE

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

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

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

5 8038 of title 10, United States Code, or while serving on

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

7 States Code, in connection with performing duty specified

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

9 while undergoing reserve training, or while performing

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

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

12 authorized by section 16131 of title 10, United States

13 Code; and for payments to the Department of Defense

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

15 NATIONAL GUARD PERSONNEL, ARMY

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

17 travel, and related expenses for personnel of the Army Na18 tional Guard while on duty under section 10211, 10302,

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

20 States Code, or while serving on duty under section

21 12301(d) of title 10 or section 502(f) of title 32, United

22 States Code, in connection with performing duty specified

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

24 while undergoing training, or while performing drills or

25 equivalent duty or other duty, and expenses authorized by
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1 section 16131 of title 10, United States Code; and for pay2 ments to the Department of Defense Military Retirement

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

4 NATIONAL GUARD PERSONNEL, AIR FORCE

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

6 travel, and related expenses for personnel of the Air Na7 tional Guard on duty under section 10211, 10305, or

8 12402 of title 10 or section 708 of title 32, United States

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

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

11 in connection with performing duty specified in section

12 12310(a) of title 10, United States Code, or while under13 going training, or while performing drills or equivalent

14 duty or other duty, and expenses authorized by section

15 16131 of title 10, United States Code; and for payments

16 to the Department of Defense Military Retirement Fund;

17 $1,254,827,000.

18 TITLE II

19 OPERATION AND MAINTENANCE

20 OPERATION AND MAINTENANCE, ARMY

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses, not otherwise provided for, necessary

23 for the operation and maintenance of the Army, as author24 ized by law; and not to exceed $14,437,000 can be used

25 for emergencies and extraordinary expenses, to be ex-
8

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1 pended on the approval or authority of the Secretary of

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

3 of necessity for confidential military purposes;

4 $18,998,131,000 and, in addition, $50,000,000 shall be

5 derived by transfer from the National Defense Stockpile

6 Transaction Fund.

7 OPERATION AND MAINTENANCE, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses, not otherwise provided for, necessary

10 for the operation and maintenance of the Navy and the

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

12 $4,151,000 can be used for emergencies and extraordinary

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

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

15 on his certificate of necessity for confidential military pur16 poses; $20,846,710,000 and, in addition, $50,000,000

17 shall be derived by transfer from the National Defense

18 Stockpile Transaction Fund.

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance of the Marine Corps,

22 as authorized by law; $2,508,822,000.
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1 OPERATION AND MAINTENANCE, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary

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

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

6 used for emergencies and extraordinary expenses, to be ex7 pended on the approval or authority of the Secretary of

8 the Air Force, and payments may be made on his certifi9 cate of necessity for confidential military purposes;

10 $18,873,793,000 and, in addition, $50,000,000 shall be

11 derived by transfer from the National Defense Stockpile

12 Transaction Fund.

13 OPERATION AND MAINTENANCE, DEFENSE-WIDE

14 For expenses, not otherwise provided for, necessary

15 for the operation and maintenance of activities and agen16 cies of the Department of Defense (other than the military

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

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

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

20 $28,588,000 can be used for emergencies and extraor21 dinary expenses, to be expended on the approval or author22 ity of the Secretary of Defense, and payments may be

23 made on his certificate of necessity for confidential mili24 tary purposes.
10

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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary

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

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications; $1,119,191,000.

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications; $841,565,000: Provided, That

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

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

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 RESERVE

21 For expenses, not otherwise provided for, necessary

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Marine Corps Re24 serve; repair of facilities and equipment; hire of passenger

25 motor vehicles; travel and transportation; care of the dead;
11

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1 recruiting; procurement of services, supplies, and equip2 ment; and communications; $102,079,000: Provided, That

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

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

5 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

6 For expenses, not otherwise provided for, necessary

7 for the operation and maintenance, including training, or8 ganization, and administration, of the Air Force Reserve;

9 repair of facilities and equipment; hire of passenger motor

10 vehicles; travel and transportation; care of the dead; re11 cruiting; procurement of services, supplies, and equip12 ment; and communications; $1,519,287,000: Provided,

13 That of the funds appropriated in this paragraph,

14 $11,840,000 shall not be obligated or expended until au15 thorized by law.

16 OPERATION AND MAINTENANCE, ARMY NATIONAL

17 GUARD

18 For expenses of training, organizing, and administer19 ing the Army National Guard, including medical and hos20 pital treatment and related expenses in non-Federal hos21 pitals; maintenance, operation, and repairs to structures

22 and facilities; hire of passenger motor vehicles; personnel

23 services in the National Guard Bureau; travel expenses

24 (other than mileage), as authorized by law for Army per25 sonnel on active duty, for Army National Guard division,
12

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1 regimental, and battalion commanders while inspecting

2 units in compliance with National Guard Bureau regula3 tions when specifically authorized by the Chief, National

4 Guard Bureau; supplying and equipping the Army Na5 tional Guard as authorized by law; and expenses of repair,

6 modification, maintenance, and issue of supplies and

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

8 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

9 For operation and maintenance of the Air National

10 Guard, including medical and hospital treatment and re11 lated expenses in non-Federal hospitals; maintenance, op12 eration, repair, and other necessary expenses of facilities

13 for the training and administration of the Air National

14 Guard, including repair of facilities, maintenance, oper15 ation, and modification of aircraft; transportation of

16 things; hire of passenger motor vehicles; supplies, mate17 rials, and equipment, as authorized by law for the Air Na18 tional Guard; and expenses incident to the maintenance

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

20 such as may be furnished from stocks under the control

21 of agencies of the Department of Defense; travel expenses

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

23 law for Air National Guard personnel on active Federal

24 duty, for Air National Guard commanders while inspecting

25 units in compliance with National Guard Bureau regula-
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1 tions when specifically authorized by the Chief, National

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

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

4 not be obligated or expended until authorized by law.

5 UNITED STATES COURT OF APPEALS FOR THE ARMED

6 FORCES

7 For salaries and expenses necessary for the United

8 States Court of Appeals for the Armed Forces;

9 $6,521,000, of which not to exceed $2,500 can be used

10 for official representation purposes.

11 ENVIRONMENTAL RESTORATION, DEFENSE

12 (INCLUDING TRANSFER OF FUNDS)

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

14 remain available until transferred: Provided, That the Sec15 retary of Defense shall, upon determining that such funds

16 are required for environmental restoration, reduction and

17 recycling of hazardous waste, removal of unsafe buildings

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

19 purposes (including programs and operations at sites for20 merly used by the Department of Defense), transfer the

21 funds made available by this appropriation to other appro22 priations made available to the Department of Defense as

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

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

25 period as the appropriations of funds to which transferred:
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1 Provided further, That upon a determination that all or

2 part of the funds transferred from this appropriation are

3 not necessary for the purposes provided herein, such

4 amounts may be transferred back to this appropriation.

5 SUMMER OLYMPICS

6 For logistical support and personnel services (other

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

8 the Armed Forces of the United States, except for mem9 bers of the reserve components thereof called or ordered

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

11 the XXVI Olympiad to be held in Atlanta, Georgia) pro12 vided by any component of the Department of Defense to

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

14 Provided, That funds appropriated under this heading

15 shall remain available for obligation until September 30,

16 1997.

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian,

19 Disaster, and Civic Aid programs of the Department of

20 Defense (consisting of the programs provided under sec21 tions 401, 402, 404, 2547, and 2551 of title 10, United

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

23 FORMER SOVIET UNION THREAT REDUCTION

24 For assistance to the republics of the former Soviet

25 Union, including assistance provided by contract or by
15

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1 grants, for facilitating the elimination and the safe and

2 secure transportation and storage of nuclear, chemical and

3 other weapons; for establishing programs to prevent the

4 proliferation of weapons, weapons components, and weap5 on-related technology and expertise; for programs relating

6 to the training and support of defense and military person7 nel for demilitarization and protection of weapons, weap8 ons components and weapons technology and expertise;

9 $200,000,000 to remain available until expended.

10 TITLE III

11 PROCUREMENT

12 AIRCRAFT PROCUREMENT, ARMY

13 For construction, procurement, production, modifica14 tion, and modernization of aircraft, equipment, including

15 ordnance, ground handling equipment, spare parts, and

16 accessories therefor; specialized equipment and training

17 devices; expansion of public and private plants, including

18 the land necessary therefor, for the foregoing purposes,

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

20 and construction prosecuted thereon prior to approval of

21 title; and procurement and installation of equipment, ap22 pliances, and machine tools in public and private plants;

23 reserve plant and Government and contractor-owned

24 equipment layaway; and other expenses necessary for the

25 foregoing purposes; $1,468,067,000, to remain available
16

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

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

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

4 MISSILE PROCUREMENT, ARMY

5 For construction, procurement, production, modifica6 tion, and modernization of missiles, equipment, including

7 ordnance, ground handling equipment, spare parts, and

8 accessories therefor; specialized equipment and training

9 devices; expansion of public and private plants, including

10 the land necessary therefor, for the foregoing purposes,

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

12 and construction prosecuted thereon prior to approval of

13 title; and procurement and installation of equipment, ap14 pliances, and machine tools in public and private plants;

15 reserve plant and Government and contractor-owned

16 equipment layaway; and other expenses necessary for the

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

18 obligation until September 30, 1998.

19 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

20 VEHICLES, ARMY

21 For construction, procurement, production, and

22 modification of weapons and tracked combat vehicles,

23 equipment, including ordnance, spare parts, and acces24 sories therefor; specialized equipment and training devices;

25 expansion of public and private plants, including the land
17

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1 necessary therefor, for the foregoing purposes, and such

2 lands and interests therein, may be acquired, and con3 struction prosecuted thereon prior to approval of title; and

4 procurement and installation of equipment, appliances,

5 and machine tools in public and private plants; reserve

6 plant and Government and contractor-owned equipment

7 layaway; and other expenses necessary for the foregoing

8 purposes; $1,616,964,000, to remain available for obliga9 tion until September 30, 1998: Provided, That of the

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

11 not be obligated or expended until authorized by law.

12 PROCUREMENT OF AMMUNITION, ARMY

13 For construction, procurement, production, and

14 modification of ammunition, and accessories therefor; spe15 cialized equipment and training devices; expansion of pub16 lic and private plants, including ammunition facilities au17 thorized by section 2854, title 10, United States Code, and

18 the land necessary therefor, for the foregoing purposes,

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

20 and construction prosecuted thereon prior to approval of

21 title; and procurement and installation of equipment, ap22 pliances, and machine tools in public and private plants;

23 reserve plant and Government and contractor-owned

24 equipment layaway; and other expenses necessary for the
18

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

2 for obligation until September 30, 1998.

3 OTHER PROCUREMENT, ARMY

4 For construction, procurement, production, and

5 modification of vehicles, including tactical, support, and

6 nontracked combat vehicles; the purchase of not to exceed

7 41 passenger motor vehicles for replacement only; commu8 nications and electronic equipment; other support equip9 ment; spare parts, ordnance, and accessories therefor; spe10 cialized equipment and training devices; expansion of pub11 lic and private plants, including the land necessary there12 for, for the foregoing purposes, and such lands and inter13 ests therein, may be acquired, and construction prosecuted

14 thereon prior to approval of title; and procurement and

15 installation of equipment, appliances, and machine tools

16 in public and private plants; reserve plant and Govern17 ment and contractor-owned equipment layaway; and other

18 expenses necessary for the foregoing purposes;

19 $2,570,125,000, to remain available for obligation until

20 September 30, 1998: Provided, That of the funds appro21 priated in this paragraph, $24,538,000 shall not be obli22 gated or expended until authorized by law.

23 AIRCRAFT PROCUREMENT, NAVY

24 For construction, procurement, production, modifica25 tion, and modernization of aircraft, equipment, including
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1 ordnance, spare parts, and accessories therefor; specialized

2 equipment; expansion of public and private plants, includ3 ing the land necessary therefor, and such lands and inter4 ests therein, may be acquired, and construction prosecuted

5 thereon prior to approval of title; and procurement and

6 installation of equipment, appliances, and machine tools

7 in public and private plants; reserve plant and Govern8 ment and contractor-owned equipment layaway;

9 $4,310,703,000, to remain available for obligation until

10 September 30, 1998: Provided, That of the funds appro11 priated in this paragraph, $204,215,000 shall not be obli12 gated or expended until authorized by law.

13 WEAPONS PROCUREMENT, NAVY

14 For construction, procurement, production, modifica15 tion, and modernization of missiles, torpedoes, other weap16 ons, and related support equipment including spare parts,

17 and accessories therefor; expansion of public and private

18 plants, including the land necessary therefor, and such

19 lands and interests therein, may be acquired, and con20 struction prosecuted thereon prior to approval of title; and

21 procurement and installation of equipment, appliances,

22 and machine tools in public and private plants; reserve

23 plant and Government and contractor-owned equipment

24 layaway; $1,736,211,000, to remain available for obliga25 tion until September 30, 1998: Provided, That of the
20

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

2 not be obligated or expended until authorized by law.

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For construction, procurement, production, and

6 modification of ammunition, and accessories therefor; spe7 cialized equipment and training devices; expansion of pub8 lic and private plants, including ammunition facilities au9 thorized by section 2854, title 10, United States Code, and

10 the land necessary therefor, for the foregoing purposes,

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

12 and construction prosecuted thereon prior to approval of

13 title; and procurement and installation of equipment, ap14 pliances, and machine tools in public and private plants;

15 reserve plant and Government and contractor-owned

16 equipment layaway; and other expenses necessary for the

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

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

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

20 not be obligated or expended until authorized by law.

21 SHIPBUILDING AND CONVERSION, NAVY

22 For expenses necessary for the construction, acquisi23 tion, or conversion of vessels as authorized by law, includ24 ing armor and armament thereof, plant equipment, appli25 ances, and machine tools and installation thereof in public
21

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1 and private plants; reserve plant and Government and con2 tractor-owned equipment layaway; procurement of critical,

3 long leadtime components and designs for vessels to be

4 constructed or converted in the future; and expansion of

5 public and private plants, including land necessary there6 for, and such lands and interests therein, may be acquired,

7 and construction prosecuted thereon prior to approval of

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

9 until September 30, 2000: Provided, That additional obli10 gations may be incurred after September 30, 2000, for

11 engineering services, tests, evaluations, and other such

12 budgeted work that must be performed in the final stage

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

14 funds herein provided for the construction or conversion

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

16 United States shall be expended in foreign facilities for

17 the construction of major components of such vessel: Pro18 vided further, That none of the funds herein provided shall

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

20 shipyards.

21 OTHER PROCUREMENT, NAVY

22 For procurement, production, and modernization of

23 support equipment and materials not otherwise provided

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

25 ships, and ships authorized for conversion); the purchase
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1 of not to exceed 252 passenger motor vehicles for replace2 ment only; expansion of public and private plants, includ3 ing the land necessary therefor, and such lands and inter4 ests therein, may be acquired, and construction prosecuted

5 thereon prior to approval of title; and procurement and

6 installation of equipment, appliances, and machine tools

7 in public and private plants; reserve plant and Govern8 ment and contractor-owned equipment layaway;

9 $2,480,670,000, to remain available for obligation until

10 September 30, 1998: Provided, That of the funds appro11 priated in this paragraph, $19,198,000 shall not be obli12 gated or expended until authorized by law.

13 PROCUREMENT, MARINE CORPS

14 For expenses necessary for the procurement, manu15 facture, and modification of missiles, armament, military

16 equipment, spare parts, and accessories therefor; plant

17 equipment, appliances, and machine tools, and installation

18 thereof in public and private plants; reserve plant and

19 Government and contractor-owned equipment layaway; ve20 hicles for the Marine Corps, including the purchase of not

21 to exceed 194 passenger motor vehicles for replacement

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

23 land necessary therefor, and such lands and interests

24 therein, may be acquired and construction prosecuted

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

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1 available for obligation until September 30, 1998: Pro2 vided, That of the funds appropriated in this paragraph,

3 $81,605,000 shall not be obligated or expended until au4 thorized by law.

5 AIRCRAFT PROCUREMENT, AIR FORCE

6 For construction, procurement, and modification of

7 aircraft and equipment, including armor and armament,

8 specialized ground handling equipment, and training de9 vices, spare parts, and accessories therefor; specialized

10 equipment; expansion of public and private plants, Gov11 ernment-owned equipment and installation thereof in such

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

13 the foregoing purposes, and such lands and interests

14 therein, may be acquired, and construction prosecuted

15 thereon prior to approval of title; reserve plant and Gov16 ernment and contractor-owned equipment layaway; and

17 other expenses necessary for the foregoing purposes in18 cluding rents and transportation of things;

19 $7,140,703,000, to remain available for obligation until

20 September 30, 1998: Provided, That of the funds appro21 priated in this paragraph, $130,651,000 shall not be obli22 gated or expended until authorized by law.

23 MISSILE PROCUREMENT, AIR FORCE

24 For construction, procurement, and modification of

25 missiles, spacecraft, rockets, and related equipment, in-
24

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1 cluding spare parts and accessories therefor, ground han2 dling equipment, and training devices; expansion of public

3 and private plants, Government-owned equipment and in4 stallation thereof in such plants, erection of structures,

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

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

7 construction prosecuted thereon prior to approval of title;

8 reserve plant and Government and contractor-owned

9 equipment layaway; and other expenses necessary for the

10 foregoing purposes including rents and transportation of

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

12 until September 30, 1998.

13 PROCUREMENT OF AMMUNITION, AIR FORCE

14 For construction, procurement, production, and

15 modification of ammunition, and accessories therefor; spe16 cialized equipment and training devices; expansion of pub17 lic and private plants, including ammunition facilities au18 thorized by section 2854, title 10, United States Code, and

19 the land necessary therefor, for the foregoing purposes,

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

21 and construction prosecuted thereon prior to approval of

22 title; and procurement and installation of equipment, ap23 pliances, and machine tools in public and private plants;

24 reserve plant and Government and contractor-owned

25 equipment layaway; and other expenses necessary for the
25

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

2 obligation until September 30, 1998.

3 OTHER PROCUREMENT, AIR FORCE

4 For procurement and modification of equipment (in5 cluding ground guidance and electronic control equipment,

6 and ground electronic and communication equipment),

7 and supplies, materials, and spare parts therefor, not oth8 erwise provided for; the purchase of not to exceed 385 pas9 senger motor vehicles for replacement only; and expansion

10 of public and private plants, Government-owned equip11 ment and installation thereof in such plants, erection of

12 structures, and acquisition of land, for the foregoing pur13 poses, and such lands and interests therein, may be ac14 quired, and construction prosecuted thereon, prior to ap15 proval of title; reserve plant and Government and contrac16 tor-owned equipment layaway; $6,508,425,000, to remain

17 available for obligation until September 30, 1998.

18 PROCUREMENT, DEFENSE-WIDE

19 For expenses of activities and agencies of the Depart20 ment of Defense (other than the military departments)

21 necessary for procurement, production, and modification

22 of equipment, supplies, materials, and spare parts there23 for, not otherwise provided for; the purchase of not to ex24 ceed 451 passenger motor vehicles, of which 447 shall be

25 for replacement only; expansion of public and private
26

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

2 erection of structures, and acquisition of land for the fore3 going purposes, and such lands and interests therein, may

4 be acquired, and construction prosecuted thereon prior to

5 approval of title; reserve plant and Government and con6 tractor-owned equipment layaway; $2,187,085,000, to re7 main available for obligation until September 30, 1998.

8 NATIONAL GUARD AND RESERVE EQUIPMENT

9 For procurement of aircraft, missiles, tracked combat

10 vehicles, ammunition, other weapons, and other procure11 ment for the reserve components of the Armed Forces;

12 $908,125,000, to remain available for obligation until Sep13 tember 30, 1998: Provided, That of the funds appro14 priated in this paragraph, $138,125,000 shall not be obli15 gated or expended until authorized by law.

16 TITLE IV

17 RESEARCH, DEVELOPMENT, TEST AND

18 EVALUATION

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

20 ARMY

21 For expenses necessary for basic and applied sci22 entific research, development, test and evaluation, includ23 ing maintenance, rehabilitation, lease, and operation of fa24 cilities and equipment, as authorized by law;
27

•HR 2126 EH

1 $4,742,150,000, to remain available for obligation until

2 September 30, 1997.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

4 NAVY

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, as authorized by law;

9 $8,715,481,000, to remain available for obligation until

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

11 appropriated in this paragraph may be obligated or ex12 pended to develop or purchase equipment for an Aegis de13 stroyer variant (commonly known as ‘‘Flight IIA’’) whose

14 initial operating capability is budgeted to be achieved prior

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

16 program, nor to develop sensor, processor, or display capa17 bilities which duplicate in any way those being developed

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

19 funds appropriated in this paragraph for development of

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

21 design of the ship includes cooperative engagement capa22 bility and sufficient own-ship self-defense capability

23 against advanced sea-skimming antiship cruise missiles in

24 the baseline design to achieve an estimated probability of

25 survival from attack by such missiles at a level no less
28

•HR 2126 EH

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

2 appropriated in this paragraph which are available for the

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

4 Special Operations Forces: Provided further, That of the

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

6 not be obligated or expended until authorized by law.

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

8 AIR FORCE

9 For expenses necessary for basic and applied sci10 entific research, development, test and evaluation, includ11 ing maintenance, rehabilitation, lease, and operation of fa12 cilities and equipment, as authorized by law;

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

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

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

16 development of reusable launch vehicle technologies.

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

18 DEFENSE-WIDE

19 For expenses of activities and agencies of the Depart20 ment of Defense (other than the military departments),

21 necessary for basic and applied scientific research, devel22 opment, test and evaluation; advanced research projects

23 as may be designated and determined by the Secretary

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

25 lease, and operation of facilities and equipment, as author-
29

•HR 2126 EH

1 ized by law; $9,029,666,000, to remain available for obli2 gation until September 30, 1997: Provided, That not less

3 than $170,000,000 of the funds appropriated in this para4 graph shall be made available only for the Sea-Based Wide

5 Area Defense (Navy Upper-Tier) program.

6 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

7 For expenses, not otherwise provided for, of inde8 pendent activities of the Director, Test and Evaluation in

9 the direction and supervision of developmental test and

10 evaluation, including performance and joint developmental

11 testing and evaluation; and administrative expenses in

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

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

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

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

16 OPERATIONAL TEST AND EVALUATION, DEFENSE

17 For expenses, not otherwise provided for, necessary

18 for the independent activities of the Director, Operational

19 Test and Evaluation in the direction and supervision of

20 operational test and evaluation, including initial oper21 ational test and evaluation which is conducted prior to,

22 and in support of, production decisions; joint operational

23 testing and evaluation; and administrative expenses in

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

25 obligation until September 30, 1997.
30

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1 TITLE V

2 REVOLVING AND MANAGEMENT FUNDS

3 DEFENSE BUSINESS OPERATIONS FUND

4 For the Defense Business Operations Fund;

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

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

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

10 obligated or expended until authorized by law.

11 NATIONAL DEFENSE SEALIFT FUND

12 For National Defense Sealift Fund programs,

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

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

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

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

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

19 the acquisition of any of the following major components

20 unless such components are manufactured in the United

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

24 and spreaders for shipboard cranes: Provided further, That

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

•HR 2126 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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 EH

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

3 a Mentor-Protege Program developmental assistance

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

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

7 authority of this provision or any other transfer authority

8 contained in this Act.

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

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

12 of these funds can be expended—

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

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

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

18 manager who has not been selected and approved by

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

21 and the Secretary of the Army;

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

23 makes the PM accountable to the Chief of the Na24 tional Guard Bureau and fully defines his authority,
48

•HR 2126 EH

1 responsibility, reporting channels and organizational

2 structure;

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

4 the RCAS program management office unless such

5 organization is comprised of personnel chosen jointly

6 by the Chiefs of the National Guard Bureau and the

7 Army Reserve;

8 (6) to pay contracted costs for the acquisition

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

11 equipment and unless such contract continues to

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

14 software; and

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

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

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

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

24 at sites scheduled to receive RCAS equipment prior to

25 September 30, 1995, RCAS ADP equipment may be pro-
49

•HR 2126 EH

1 cured and only in the numbers and types allocated by the

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

4 ADP equipment or ADP equipment from a list of RCAS

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

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

11 stations determined by the RCAS program for that site;

12 (C) replacement equipment will not exceed the minimum

13 required to maintain the reliability of existing capabilities;

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

15 feasibility of repairs and maintenance of present ADP

16 equipment as compared to the cost of replacement; and

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

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

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

22 available for the purchase by the Department of Defense

23 (and its departments and agencies) of welded shipboard

24 anchor and mooring chain 4 inches in diameter and under

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

3 for the purpose of this section manufactured will include

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

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

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

8 chain shall be considered to be produced or manufactured

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

12 manufactured outside the United States: Provided further,

13 That when adequate domestic supplies are not available

14 to meet Department of Defense requirements on a timely

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

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

19 to acquire capability for national security purposes.

20 (TRANSFER OF FUNDS)

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

22 Act available for the Civilian Health and Medical Program

23 of the Uniformed Services (CHAMPUS) shall be available

24 for the reimbursement of any health care provider for in25 patient mental health service for care received when a pa-
51

•HR 2126 EH

1 tient is referred to a provider of inpatient mental health

2 care or residential treatment care by a medical or health

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

5 limitation does not apply in the case of inpatient mental

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

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

9 provided pursuant to a waiver authorized by the Secretary

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

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

13 pursuant to rules prescribed by the Secretary, which takes

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

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

16 availability of that care.

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

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

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

20 the Vietnam era to an annual meeting in the United

21 States, under such regulations as the Secretary of Defense

22 may prescribe.

23 SEC. 8025. Notwithstanding any other provision of

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

2 account into which such residual value amounts negotiated

3 in the return of United States military installations in

4 NATO member states may be deposited, in the currency

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

6 the United States Treasury: Provided, That such credits

7 may be utilized only for the construction of facilities to

8 support United States military forces in that host nation,

9 or such real property maintenance and base operating

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

13 1997 shall identify such sums anticipated in residual value

14 settlements, and identify such construction, real property

15 maintenance or base operating costs that shall be funded

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

17 That all military construction projects to be executed from

18 such accounts must be previously approved in a prior Act

19 of Congress: Provided further, That each such Executive

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

22 Committee on International Relations of the House of

23 Representatives and the Committee on Foreign Relations

24 of the Senate thirty days prior to the conclusion and en-
53

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1 dorsement of any such agreement established under this

2 provision.

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

6 Garand rifles and M1 Carbines.

7 SEC. 8027. Notwithstanding any other provision of

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

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

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

11 Code, in a lump sum.

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

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

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

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

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

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

20 Act shall be available for payments under the Department

21 of Defense contract with the Louisiana State University

22 Medical Center involving the use of cats for Brain Missile

23 Wound Research, and the Department of Defense shall

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

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

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

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

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

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

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

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

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

15 other research organization.

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

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

19 function of the Department of Defense into or within the

20 National Capital Region: Provided, That the Secretary of

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

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

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

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

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

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

6 an individual employed by the government of the District

7 of Columbia, permanent or temporary indefinite, who—

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

9 Armed Forces, as described in section 261 of title

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

11 101 of title 32;

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

14 to civil authorities in the protection or saving of life

15 or property or prevention of injury—

16 (A) Federal service under section 331,

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

18 provision of law, as applicable, or

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

20 the District of Columbia, the Commonwealth of

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

22 and

23 (3) requests and is granted—

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

2 without regard to the provisions of sections

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

4 is otherwise entitled to such annual leave:

5 Provided, That any employee who requests leave under

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

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

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

10 under section 6323(b) of title 5.

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

12 Act shall be available to perform any cost study pursuant

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

14 performed exceeds a period of twenty-four months after

15 initiation of such study with respect to a single function

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

17 for a multi-function activity.

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

19 American Forces Information Service shall not be used for

20 any national or international political or psychological ac21 tivities.

22 SEC. 8035. Notwithstanding any other provision of

23 law or regulation, the Secretary of Defense may adjust

24 wage rates for civilian employees hired for certain health

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

2 Code.

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

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

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

7 the WC–130 Weather Reconnaissance mission below the

8 levels funded in this Act.

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

10 supplies or services appropriated by this Act, qualified

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

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

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

17 which has negotiated with a military service or defense

18 agency a subcontracting plan for the participation by

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

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

21 credit toward meeting that subcontracting goal for any

22 purchases made from qualified nonprofit agencies for the

23 blind or other severely handicapped.

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

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

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

5 U.S.C. 46–48).

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

9 be made available to the local facility of the uniformed

10 services responsible for the collections and shall be over

11 and above the facility’s direct budget amount.

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

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

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

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

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

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

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

5 (b) LIMITATION ON COMPENSATION.—No employee

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

8 by that FFRDC.

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

10 a Board of Directors, Trustees, Overseers, Advisory

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

12 similar entity of a defense FFRDC may be compensated

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

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

15 members of the Defense Science Board: Provided, That

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

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

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

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

23 be obligated for financing activities of defense FFRDCs:

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

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

4 and technical assistance, and technical engineering and

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

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

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

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

10 Defense which were not melted and rolled in the United

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

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

14 or American Iron and Steel Institute (AISI) specifications

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

16 That the Secretary of the military department responsible

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

19 on Appropriations of the House of Representatives and the

20 Senate that adequate domestic supplies are not available

21 to meet Department of Defense requirements on a timely

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

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

2 of this Act.

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

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

8 development or production of advanced materials, unless

9 amounts for such purposes are specifically appropriated

10 in a subsequent appropriations Act.

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

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

14 Representatives, the subcommittee on National Security of

15 the Committee on Appropriations and the Committee on

16 National Security of the House of Representatives, and

17 the Committee on Armed Services of the Senate.

18 SEC. 8044. Notwithstanding any other provision of

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

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

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

24 depot maintenance activities and private firms: Provided,

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

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

5 Management and Budget Circular A–76 shall not apply

6 to competitions conducted under this section.

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

8 consultation with the United States Trade Representative,

9 determines that a foreign country which is party to an

10 agreement described in paragraph (2) has violated the

11 terms of the agreement by discriminating against certain

12 types of products produced in the United States that are

13 covered by the agreement, the Secretary of Defense shall

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

16 in that foreign country.

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

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

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

22 in that country.

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

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

2 for which the Buy American Act was waived pursuant to

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

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

5 international agreement to which the United States is a

6 party.

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

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

9 making appropriations for the Treasury and Post Office

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

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

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

13 SEC. 8046. Notwithstanding any other provision of

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

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

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

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

18 uniformed service if such indebtedness, as determined by

19 the Secretary, was incurred in connection with Operation

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

23 the member.

24 SEC. 8047. Appropriations contained in this Act that

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

2 of Defense shall remain available for obligation for the

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

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

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

10 (INCLUDING TRANSFER OF FUNDS)

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

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

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

15 until transferred by the Secretary of Defense to current

16 applicable appropriations or funds of the Department of

17 Defense under the terms and conditions specified by 40

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

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

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

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

24 to reimburse a member of a reserve component of the

25 Armed Forces who is not otherwise entitled to travel and

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

2 or inactive duty training: Provided, That such members

3 may be provided lodging in kind if transient government

4 quarters are unavailable as if the member was entitled to

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

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

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

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

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

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

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

14 SEC. 8052. The President shall include with each

15 budget for a fiscal year submitted to the Congress under

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

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

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

21 departments, and the Defense Agencies.

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

23 contained in the Department of Defense Overseas Military

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

2 be available until expended for the payments specified by

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

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

6 section 4416 of the National Defense Authorization Act

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

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

10 SEC. 8055. Of the funds appropriated or otherwise

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

12 shall be available for payment of the operating costs of

13 NATO Headquarters.

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

16 for operation and maintenance may be used to purchase

17 items having an investment item unit cost of not more

18 than $50,000.

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

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

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

24 note) under the terms and conditions provided in section

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

2 of the appropriations or funds available to the Defense

3 Business Operations Fund shall be used for the purchase

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

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

7 of the Defense Business Operations Fund if such an item

8 would not have been chargeable to the Defense Business

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

12 Department of Defense for procurement.

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

15 and other documentation supporting the fiscal year 1997

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

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

20 budgeted for in a proposed fiscal year 1997 procurement

21 appropriation and not in the supply management business

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

23 Operations Fund.

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

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

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

5 shall not apply to safety modifications: Provided further,

6 That this prohibition may be waived by the Secretary of

7 a Military Department if the Secretary determines it is

8 in the best national security interest of the United States

9 to provide such waiver and so notifies the congressional

10 defense committees in writing.

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

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

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

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

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

20 Act shall be available for payment of the compensation

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

23 personnel actually assigned to or serving in the National

24 Foreign Intelligence Program on September 30, 1992:

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

2 section, the percentage of reductions to Senior Intelligence

3 Service positions shall be equal to or exceed the percentage

4 of reductions to non-Senior Intelligence Service positions:

5 Provided further, That in making any reduction in the

6 number of such personnel that may be required pursuant

7 to this section, the percentage of reductions to positions

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

9 the percentage of reductions to positions outside of the

10 National Capital Region.

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

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

13 who authorize the transfer of obligated and deobligated

14 appropriations into the Reserve for Contingencies of the

15 Central Intelligence Agency.

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

17 Act for programs of the Central Intelligence Agency shall

18 remain available for obligation beyond the current fiscal

19 year, except for funds appropriated for the Reserve for

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

22 SEC. 8064. The classified Annex prepared by the

23 Committee on Appropriations to accompany the report on

24 the Department of Defense Appropriations Act, 1996 is

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

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

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

7 SEC. 8065. Notwithstanding any other provision of

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

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

14 SEC. 8066. Notwithstanding any other provision of

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

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

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

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

21 the DOD Test and Evaluation centers under the Director,

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

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

2 users.

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

5 and Electronics during the current fiscal year pursuant

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

10 operation and maintenance of the Center as provided for

11 in subsection 1459(g)(2).

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

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

14 military medical facility with a health care professional

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

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

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

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

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

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

23 Treasury and Post Office Departments for the fiscal year

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

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

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

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

5 in America, the Secretary shall determine, in accordance

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

8 the Department of Defense.

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

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

11 or consulting services entered into without competition on

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

13 activity responsible for the procurement determines—

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

15 only one source is found fully qualified to perform

16 the proposed work, or

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

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

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

3 Provided, That this limitation shall not apply to contracts

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

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

7 Department of Defense, who has been confirmed by the

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

9 the interest of the national defense.

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

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

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

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

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

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

20 a Titan IV requirement beyond 47 vehicles.

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

23 may only be obligated for development of a new family

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

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

2 Defense in this Act may be used to establish additional

3 field operating agencies of any element of the Department

4 during fiscal year 1996, except for field operating agencies

5 funded within the National Foreign Intelligence Program.

6 SEC. 8074. Notwithstanding any other provision of

7 law, for resident classes entering the war colleges after

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

10 States military students at each war college shall be from

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

13 recognize the attendance at a sister military department

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

15 college for promotion and advancement of personnel.

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

17 may be obligated for payment on new contracts on which

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

20 $200,000 per year.

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

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

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

2 military (civilian) technicians, unless such reductions are

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

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

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

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

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

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

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

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

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

18 be available for reimbursement of pay, allowances and

19 other expenses which would otherwise be incurred against

20 appropriations for the National Guard and Reserve when

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

23 and Joint Intelligence Activities, including the activities

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

2 deviation from established Reserve and National Guard

3 personnel and training procedures.

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

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

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

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

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

15 401a(4)).

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

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

18 $75,000 to fulfill Department of Defense obligations

19 under the Educational Loan Repayment Programs for

20 State-sponsored student loan programs not covered under

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

22 (title 20 U.S.C. 1071–1087).

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

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

2 credited to current year appropriations.

3 (INCLUDING TRANSFER OF FUNDS)

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

5 Act may be transferred to or obligated from the Pentagon

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

9 the renovation of the Pentagon Reservation will not exceed

10 $1,218,000,000.

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

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

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

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

18 and counter-drug activities may be transferred to any

19 other department or agency of the United States except

20 as specifically provided in an appropriations law.

21 (TRANSFER OF FUNDS)

22 SEC. 8084. Appropriations available in this Act under

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

24 for increasing energy and water efficiency in Federal

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

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

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

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

7 Air Force pursuant to the ‘‘Memorandum of Agreement

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

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

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

13 appropriations available for research, development, test

14 and evaluation and procurement for fiscal year 1996, and

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

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

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

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8086. In addition to amounts appropriated or

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

2 Guard for activities relating to national security.

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

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

5 for savings through improved management of contractor

6 automatic data processing costs charged through indirect

7 rates on Department of Defense acquisition contracts.

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

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

10 of Defense for acquisition or advance procurement of any

11 system or end item using incremental funding.

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

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

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

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

18 on June 15, 1995.

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

20 is classified as an advance procurement for a system or

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

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

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

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

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

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

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

8 SEC. 8091. The Department of Defense shall release

9 all funds appropriated and available for the HAVE GAZE

10 program to the Department of the Air Force for obligation

11 under existing contractual arrangements.

12 SEC. 8092. Notwithstanding any other provision of

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

14 Maintenance appropriation for refueling overhauls and

15 defueling inactivations of nuclear-powered warships are

16 available to transport the shipments of naval spent nuclear

17 fuel to the Idaho National Engineering Laboratory needed

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

20 authorized to immediately commence and accomplish such

21 transportation: Provided, That the Secretary of Defense

22 shall make the determination as to what shipments are

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

5 issued by the United States District Court for the District

6 of Idaho which enjoins such shipments, whichever occurs

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

8 may not be used unless the Secretary of Defense certifies

9 in writing to the congressional defense committees that a

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

11 United States Government was attempted but could not

12 be reached concerning interim shipments of spent nuclear

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

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

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

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

19 involve the construction of new ships unless the Secretary

20 of Defense requires that the vessel be constructed in the

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

22 or charter authority provided in section 2401 note of title

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

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

2 of new construction: Provided further, That the Military

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

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

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

7 be used to develop or procure main propulsion engines for

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

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

13 on Appropriations of the House of Representatives and the

14 Senate that adequate domestic supplies are not available

15 to meet Department of Defense requirements on a timely

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

17 to acquire capability for national security purposes or

18 there exists a significant cost or quality difference.

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

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

21 be used to develop or procure an emergency generator set

22 for the New Attack Submarine unless such equipment is

23 powered by a diesel engine manufactured in the United

24 States by a domestically operated entity: Provided, That

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

3 and the Senate that adequate domestic supplies are not

4 available to meet Department of Defense requirements on

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

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

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

10 Base as the interim airhead for the National Training

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

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

15 shall be available only to operate the National Training

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

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

18 Army shall provide the congressional defense committees

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

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

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

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

24 airhead in support of training rotations at the National

25 Training Center.
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1 (TRANSFER OF FUNDS)

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

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

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

6 of the National Defense Authorization Act for Fiscal Year

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

8 provided in this paragraph is in addition to any transfer

9 authority contained elsewhere in this Act.

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

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

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

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

16 (1) shall not be obligated or expended before

17 the date on which the budget of the President for

18 fiscal year 1997 is transmitted to Congress; and

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

21 budget specifically sets forth amounts proposed for

22 fiscal year 1997 for each of those operations.

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

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

2 on Foreign Relations of the Senate setting forth all costs

3 (including incremental costs) incurred by the Department

4 of Defense during the preceding quarter in implementing

5 or supporting resolutions of the United Nations Security

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

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

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

14 United Nations expenditures and all efforts made to seek

15 compensation from the United Nations for costs incurred

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

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

19 CERTAIN OPERATIONS.—None of the funds available to

20 the Department of Defense for the current fiscal year shall

21 be obligated or expended for costs incurred by United

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

24 consultations with the bipartisan leadership of Congress

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

2 (c)(1).

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

4 to the following:

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

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

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

11 (B) Any other international peacekeeping or

12 peace-enforcement operation that is not underway as

13 of the date of the enactment of this Act.

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

16 the territory of the former Yugoslavia above the level

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

19 100 personnel.

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

21 international humanitarian assistance operation.

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

23 (A) an international humanitarian assistance

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

4 less than $50,000,000.

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

7 shall be initiated before the initial deployment of United

8 States Armed Forces units to participate in the operation

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

11 national security so requires, the President may delay the

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

15 (2) Such consultations shall include discussion of all

16 of the following:

17 (A) The goals of the operation and the mission

18 of any United States Armed Forces units involved in

19 the operation.

20 (B) The United States interests that will be

21 served by the operation.

22 (C) The estimated cost of the operation.

23 (D) The strategy by which the President pro24 poses to fund the operation, including possible sup25 plemental appropriations or payments from inter-
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1 national organizations, foreign countries, or other

2 donors.

3 (E) The extent of involvement of armed forces

4 and other contributions of personnel from other na5 tions.

6 (F) The anticipated duration and scope of the

7 operation.

8 (3) Such consultations shall continue on a periodic

9 basis throughout the period of the deployment.

10 (d) REQUESTS FOR EMERGENCY SUPPLEMENTAL

11 APPROPRIATIONS.—Whenever there is a deployment of

12 United States Armed Forces to perform an international

13 humanitarian, peacekeeping, or peace-enforcement oper14 ation, the President should seek emergency supplemental

15 appropriations to meet the incremental costs to the De16 partment of Defense of that deployment not later than 90

17 days after the date on which such deployment commences.

18 (e) COMMITTEES TO BE INCLUDED IN CONSULTA19 TIONS.—The committees referred to in subsection (a) are

20 the following:

21 (1) The congressional defense committees.

22 (2) The Committee on Foreign Relations of the

23 Senate and the Committee on International Rela24 tions of the House of Representatives.
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1 (3) The Select Committee on Intelligence of the

2 Senate and the Permanent Select Committee on In3 telligence of the House of Representatives.

4 SEC. 8101. (a) LIMITATION ON TRANSFER OF DE5 FENSE ARTICLES AND SERVICES.—Notwithstanding any

6 other provision of law, none of the funds available to the

7 Department of Defense for the current fiscal year may be

8 obligated or expended to transfer to another nation or an

9 international organization any defense articles or services

10 (other than intelligence services) for use in the activities

11 described in subsection (b) unless the congressional de12 fense committees, and the Committee on International Re13 lations of the House of Representatives and the Commit14 tee on Foreign Relations of the Senate are notified 15

15 days in advance of such transfer.

16 (b) COVERED ACTIVITIES.—(1) This section applies

17 to—

18 (A) any international peacekeeping or peace-en19 forcement operation under the authority of chapter

20 VI or chapter VII of the United Nations Charter

21 under the authority of a United Nations Security

22 Council resolution; and

23 (B) any other international peacekeeping,

24 peace-enforcement, humanitarian, or disaster relief

25 operation.
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1 (c) REQUIRED NOTICE.—A notice under subsection

2 (a) shall include the following:

3 (1) A description of the equipment, supplies, or

4 services to be transferred.

5 (2) A statement of the value of the equipment,

6 supplies, or services to be transferred.

7 (3) In the case of a proposed transfer of equip8 ment or supplies—

9 (A) a statement of whether the inventory

10 requirements of all elements of the Armed

11 Forces (including the reserve components) for

12 the type of equipment or supplies to be trans13 ferred have been met; and

14 (B) a statement of whether the items pro15 posed to be transferred will have to be replaced

16 and, if so, how the President proposes to pro17 vide funds for such replacement.

18 SEC. 8102. None of the funds available to the De19 partment of Defense shall be obligated or expended for

20 the purposes of deploying United States Armed Forces to

21 participate in the implementation of a negotiated peace

22 settlement in Bosnia-Herzegovina, unless such deployment

23 is previously authorized by law.

24 SEC. 8103. Except as expressly authorized by law or

25 provided for specifically in an Act making appropriations
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1 for the Department of Defense, none of the funds available

2 to the Department of Defense after December 1, 1995,

3 for the current fiscal year or any fiscal year hereafter shall

4 be available to support or otherwise provide funds for any

5 program or activity (other than an intelligence program

6 or activity) for which another Federal department or agen7 cy has primary responsibility or which is a type of pro8 gram or activity for which funds are customarily provided

9 in appropriations available to another Federal department

10 or agency. The limitation in the preceding sentence does

11 not apply with respect to funds made available to another

12 department or agency in accordance with section 1535 of

13 title 31, United States Code.

14 SEC. 8104. None of the funds available to the De15 partment of Defense shall be obligated or expended to

16 make a financial contribution to the United Nations for

17 the cost of an United Nations peacekeeping activity

18 (whether pursuant to assessment or a voluntary contribu19 tion) or for payment of any United States arrearage to

20 the United Nations.

21 SEC. 8105. None of the funds made available in this

22 Act may be used to administer any policy that permits

23 the performance of abortions at medical treatment or

24 other facilities of the Department of Defense, except when

25 it is made known to the Federal official having authority
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1 to obligate or expend such funds that the life of the moth2 er would be endangered if the fetus were carried to term.

3 SEC. 8106. None of the funds made available in this

4 Act under the heading ‘‘Procurement of Ammunition,

5 Army’’ may be obligated or expended for the procurement

6 of munitions unless such acquisition fully complies with

7 the Competition in Contracting Act.

8 SEC. 8107. None of the funds in this Act may be

9 used to implement any change to the computation of mili10 tary retired pay as required by law in fiscal year 1995

11 for military personnel who entered the Service before Sep12 tember 8, 1980.

13 SEC. 8108. None of the funds available to the De14 partment of Defense under this Act shall be obligated or

15 expended to pay a contractor under a contract with the

16 Department of Defense for costs of any amount paid by

17 the contractor to an employee when it is made known to

18 the Federal official having authority to obligate or expend

19 such funds that—

20 (1) such costs are for a bonus or otherwise in

21 excess of the normal salary paid by the contractor

22 to the employee; and

23 (2) such bonus is part of restructuring costs as24 sociated with a business combination.
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1 SEC. 8109. LIMITATION ON PROCUREMENT OF CER2 TAIN VESSEL PROPELLERS AND SHIP PROPULSION

3 SHAFTING.—(a) Subject to subsection (c), none of the

4 funds made available by this Act may be used to procure

5 vessel propellers six feet in diameter or greater when it

6 is made known to the Federal official having authority to

7 obligate or expend such funds that such propellers are not

8 manufactured in the United States and do not incorporate

9 castings that are poured and finished only in the United

10 States.

11 (b) Subject to subsection (c), none of the funds made

12 available by this Act may be used to procure ship propul13 sion shafting when it is made known to the Federal official

14 having authority to obligate or expend such funds that

15 such ship propulsion shafting is not manufactured in the

16 United States.

17 (c) The limitation in subsection (a) or subsection (b),

18 as the case may be, does not apply when it is made known

19 to the Federal official having authority to obligate or ex20 pend such funds that adequate domestic supplies of pro21 pellers described in subsection (a) or of ship propulsion

22 shafting are not available to meet Department of Defense

23 requirements on a timely basis.

24 SEC. 8110. None of the funds provided in title II of

25 this Act for ‘‘FORMER SOVIET UNION THREAT REDUC-
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1 TION’’ may be obligated or expended to finance housing

2 for any individual when it is made known to the Federal

3 official having authority to obligate or expend such funds

4 that such individual was a member of the military forces

5 of the Soviet Union or that such individual is or was a

6 member of the military forces of the Russian Federation.

7 SEC. 8111. None of the funds available to the De8 partment of Defense for the current fiscal year shall be

9 obligated or expended for costs incurred by the participa10 tion of United States Armed Forces units in any operation

11 in the territory of the former Yugoslavia above the level

12 of forces so deployed as of date of enactment: Provided,

13 That this section shall not apply to emergency air rescue

14 operations, the airborne delivery of humanitarian supplies,

15 or the planning and execution of OPLAN 40104 to extract

16 UNPROFOR personnel.

17 This Act may be cited as the ‘‘Department of Defense

18 Appropriations Act, 1996’’.

Passed the House of Representatives September 7,

1995.

Attest:

Clerk.