JOURNAL OF THE

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T123.14 SEPTEMBER 29

T123.14 DOD APPROPRIATIONS, FY 1996

Mr. YOUNG of Florida, pursuant to

House Resolution 232, called up the following conference report (Rept. No.

104–261):

The committee of conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R.

2126) ‘‘making appropriations for the Department of Defense for the fiscal year ending

September 30, 1996, and for other purposes,’’

having met, after full and free conference,

have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and

agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted

by said amendment, insert: That the following

sums are appropriated, out of any money in the

Treasury not otherwise appropriated, for the fiscal year ending September 30, 1996, for military

functions administered by the Department of

Defense and for other purposes, namely:

TITLE I—MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change

of station travel (including all expenses thereof

for organizational movements), and expenses of

temporary duty travel between permanent duty

stations, for members of the Army on active duty

(except members of reserve components provided

for elsewhere), cadets, and aviation cadets; and

for payments pursuant to section 156 of Public

Law 97–377, as amended (42 U.S.C. 402 note), to

section 229(b) of the Social Security Act (42

U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $19,809,187,000.

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change

of station travel (including all expenses thereof

for organizational movements), and expenses of

temporary duty travel between permanent duty

stations, for members of the Navy on active duty

(except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; and

for payments pursuant to section 156 of Public

Law 97–377, as amended (42 U.S.C. 402 note), to

section 229(b) of the Social Security Act (42

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

Military Retirement Fund; $17,008,563,000.

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change

of station travel (including all expenses thereof

for organizational movements), and expenses of

temporary duty travel between permanent duty

stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant

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

(42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the

Department of Defense Military Retirement

Fund; $5,885,740,000.

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, interest on deposits, gratuities, permanent change

of station travel (including all expenses thereof

for organizational movements), and expenses of

temporary duty travel between permanent duty

stations, for members of the Air Force on active

duty (except members of reserve components provided for elsewhere, cadets, and aviation cadets;

and for payments pursuant to section 156 of

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

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

(42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund; $17,207,743,000.

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Army Reserve on active duty

under sections 10211, 10302, and 3038 of title 10,

United States Code, or while serving on active

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

States Code, in connection with performing duty

specified in section 12310(a) of title 10, United

States Code, or while undergoing reserve training, or while performing drills or equivalent

duty or other duty, and for members of the Reserve Officers’ Training Corps, and expenses authorized by section 16131 of title 10, United

States Code; and for payments to the Department of Defense Military Retirement Fund;

$2,122,466,000.

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under

section 10211 of title 10, United States Code, or

while serving on active duty under section

12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or

while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps,

and expenses authorized by section 16131 of title

10, United States Code; and for payments to the

Department of Defense Military Retirement

Fund; $1,355,523,000.

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active

duty under section 10211 of title 10, United

States Code, or while serving on active duty

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

Code, in connection with performing duty specified in section 12310(a) of title 10, United States

Code, or while undergoing reserve training, or

while performing drills or equivalent duty, and

for members of the Marine Corps platoon leaders

class, and expenses authorized by section 16131

of title 10, United States Code; and for payments

to the Department of Defense Military Retirement Fund; $378,151,000.

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty

under sections 10211, 10305, and 8038 of title 10,

United States Code, or while serving on active

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

States Code, in connection with performing duty

specified in section 12310(a) of title 10, United

States Code, or while undergoing reserve training, or while performing drills or equivalent

duty or other duty, and for members of the Air

Reserve Officers’ Training Corps, and expenses

authorized by section 16131 of title 10, United

States Code; and for payments to the Department of Defense Military Retirement Fund;

$784,586,000.

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Army National Guard while on

duty under section 10211, 10302, or 12402 of title

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

or while serving on duty under section 12301(d)

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

States Code, in connection with performing duty

specified in section 12310(a) of title 10, United

States Code, or while undergoing training, or

while performing drills or equivalent duty or

other duty, and expenses authorized by section

16131 of title 10, United States Code; and for

payments to the Department of Defense Military

Retirement Fund; $3,242,422,000.

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence,

gratuities, travel, and related expenses for personnel of the Air National Guard on duty under

section 10211, 10305, or 12402 of title 10 or section

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

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

connection with performing duty specified in

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

or while undergoing training, or while performing drills or equivalent duty or other duty,

and expenses authorized by section 16131 of title

10, United States Code; and for payments to the

Department of Defense Military Retirement

Fund; $1,259,627,000.

TITLE II—OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the

Army, as authorized by law; and not to exceed

$14,437,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the

Army, and payments may be made on his certificate of necessity for confidential military purposes; $18,321,965,000 and, in addition,

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

National Defense Stockpile Transaction Fund.

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the

Navy and the Marine Corps, as authorized by

law; and not to exceed $4,151,000 can be used for

emergencies and extraordinary expenses, to be

expended on the approval or authority of the

Secretary of the Navy, and payments may be

made on his certificate of necessity for confidential military purposes; $21,279,425,000 and, in

addition, $50,000,000 shall be derived by transfer

from the National Defense Stockpile Transaction Fund: Provided, That of the funds appropriated under this heading, $595,100,000 shall

be available only for the liquidation of prior

year accumulated operating losses of the Department of the Navy activities included in the

Defense Business Operations Fund.

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the

Marine Corps, as authorized by law;

$2,392,522,000.

OPERATION AND MAINTENANCE, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the

Air Force, as authorized by law; and not to exceed $8,362,000 can be used for emergencies and

extraordinary expenses, to be expended on the

approval or authority of the Secretary of the Air

Force, and payments may be made on his certificate of necessity for confidential military purposes; $18,561,267,000 and, in addition,

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

National Defense Stockpile Transaction Fund:

Provided, That the Secretary of the Air Force

may acquire all right, title, and interest of any

party in and to parcels of real property, including improvements thereon, consisting of not

more than 92 acres, located near King Salmon

Air Force Station for the purpose of conducting

a response action in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601–9675) and

the Air Force Installation Restoration Program.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as

authorized by law; $10,388,595,000, of which not

to exceed $25,000,000 may be available for the

CINC initiative fund account; and of which not

to exceed $28,588,000 can be used for emergencies

and extraordinary expenses, to be expended on

the approval or authority of the Secretary of

Defense, and payments may be made on his certificate of necessity for confidential military

purposes: Provided, That of the funds appro-
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1995 T123.14

priated under this heading, $20,000,000 shall be

made available only for use in federally owned

education facilities located on military installations for the purpose of transferring title of such

facilities to the local education agency: Provided further, That of the funds available under

this heading, $300,000,000 shall be available only

for transfer to the Coast Guard in support of the

national security functions of the Coast Guard,

while operating in conjunction with and in support of the Navy: Provided further, That funds

transferred pursuant to this section are in addition to transfer authority provided elsewhere in

this Act.

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities

and equipment; hire of passenger motor vehicles;

travel and transportation; care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications; $1,119,191,000.

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities

and equipment; hire of passenger motor vehicles;

travel and transportation; care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications; $859,542,000.

OPERATION AND MAINTENANCE, MARINE CORPS

RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor

vehicles; travel and transportation; care of the

dead; recruiting; procurement of services, supplies, and equipment; and communications;

$100,283,000.

OPERATION AND MAINTENANCE, AIR FORCE

RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities

and equipment; hire of passenger motor vehicles;

travel and transportation; care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications; $1,519,287,000.

OPERATION AND MAINTENANCE, ARMY NATIONAL

GUARD

For expenses of training, organizing, and administering the Army National Guard, including

medical and hospital treatment and related expenses in non-Federal hospitals; maintenance,

operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel

services in the National Guard Bureau; travel

expenses (other than mileage), as authorized by

law for Army personnel on active duty, for

Army National Guard division, regimental, and

battalion commanders while inspecting units in

compliance with National Guard Bureau regulations when specifically authorized by the Chief,

National Guard Bureau; supplying and equipping the Army National Guard as authorized by

law; and expenses of repair, modification, maintenance, and issue of supplies and equipment

(including aircraft); $2,440,808,000.

OPERATION AND MAINTENANCE, AIR NATIONAL

GUARD

For operation and maintenance of the Air National Guard, including medical and hospital

treatment and related expenses in non-Federal

hospitals; maintenance, operation, repair, and

other necessary expenses of facilities for the

training and administration of the Air National

Guard, including repair of facilities, maintenance, operation, and modification of aircraft;

transportation of things; hire of passenger

motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National

Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from

stocks under the control of agencies of the Department of Defense; travel expenses (other than

mileage) on the same basis as authorized by law

for Air National Guard personnel on active Federal duty, for Air National Guard commanders

while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard

Bureau; $2,776,121,000.

UNITED STATES COURT OF APPEALS FOR THE

ARMED FORCES

For salaries and expenses necessary for the

United States Court of Appeals for the Armed

Forces; $6,521,000, of which not to exceed $2,500

can be used for official representation purposes.

ENVIRONMENTAL RESTORATION, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

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

to remain available until transferred: Provided,

That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling

of hazardous waste, removal of unsafe buildings

and debris of the Department of Defense, or for

similar purposes (including programs and operations at sites formerly used by the Department

of Defense), transfer the funds made available

by this appropriation to other appropriations

made available to the Department of Defense, to

be merged with and to be available for the same

purposes and for the same time period as the appropriations of funds to which transferred, as

follows:

Operation and Maintenance, Army,

$631,900,000;

Operation and Maintenance, Navy,

$365,300,000;

Operation and Maintenance, Air Force,

$368,000,000; and

Operation and Maintenance, Defense-wide,

$57,000,000: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary

for the purposes provided herein, such amounts

may be transferred back to this appropriation.

SUMMER OLYMPICS

For logistical support and personnel services

(other than pay and non-travel-related allowances of members of the Armed Forces of the

United States, except for members of the reserve

components thereof called or ordered to active

duty to provide support for the 1996 Games of

the XXVI Olympiad to be held in Atlanta, Georgia) provided by any component of the Department of Defense to the 1996 Games of the XXVI

Olympiad; $15,000,000: Provided, That funds appropriated under this heading shall remain

available for obligation until September 30, 1997.

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC

AID

For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the

Department of Defense (consisting of the programs provided under sections 401, 402, 404,

2547, and 2551 of title 10, United States Code);

$50,000,000: Provided, That of the funds available under this heading, $20,000,000 shall be

available for training and activities related to

the clearing of landmines for humanitarian purposes.

FORMER SOVIET UNION THREAT REDUCTION

For assistance to the republics of the former

Soviet Union, including assistance provided by

contract or by grants, for facilitating the elimination and the safe and secure transportation

and storage of nuclear, chemical and other

weapons; for establishing programs to prevent

the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs relating to the training

and support of defense and military personnel

for demilitarization and protection of weapons,

weapons components and weapons technology

and expertise; $300,000,000 to remain available

until expended.

TITLE III—PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production,

modification, and modernization of aircraft,

equipment, including ordnance, ground handling equipment, spare parts, and accessories

therefor; specialized equipment and training devices; expansion of public and private plants,

including the land necessary therefor, for the

foregoing purposes, and such lands and interests therein, may be acquired, and construction

prosecuted thereon prior to approval of title;

and procurement and installation of equipment,

appliances, and machine tools in public and private plants; reserve plant and Government and

contractor-owned equipment layaway; and

other expenses necessary for the foregoing purposes; $1,558,805,000, to remain available for obligation until September 30, 1998: Provided, That

not less than nine UH–60L helicopters shall be

made available to the Army National Guard for

the medical evacuation mission.

MISSILE PROCUREMENT, ARMY

For construction, procurement, production,

modification, and modernization of missiles,

equipment, including ordnance, ground handling equipment, spare parts, and accessories

therefor; specialized equipment and training devices; expansion of public and private plants,

including the land necessary therefor, for the

foregoing purposes, and such lands and interests therein, may be acquired, and construction

prosecuted thereon prior to approval of title;

and procurement and installation of equipment,

appliances, and machine tools in public and private plants; reserve plant and Government and

contractor-owned equipment layaway; and

other expenses necessary for the foregoing purposes; $865,555,000, to remain available for obligation until September 30, 1998.

PROCUREMENT OF WEAPONS AND TRACKED

COMBAT VEHICLES, ARMY

For construction, procurement, production,

and modification of weapons and tracked combat vehicles, equipment, including ordnance,

spare parts, and accessories therefor; specialized

equipment and training devices; expansion of

public and private plants, including the land

necessary therefor, for the foregoing purposes,

and such lands and interests therein, may be acquired, and construction prosecuted thereon

prior to approval of title; and procurement and

installation of equipment, appliances, and machine tools in public and private plants; reserve

plant and Government and contractor-owned

equipment layaway; and other expenses necessary for the foregoing purposes; $1,652,745,000,

to remain available for obligation until September 30, 1998.

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production,

and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private

plants, including ammunition facilities authorized by section 2854, title 10, United States Code,

and the land necessary therefor, for the foregoing purposes, and such lands and interests

therein may be acquired, and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and

contractor-owned equipment layaway; and

other expenses necessary for the foregoing purposes; $1,110,685,000, to remain available for obligation until September 30, 1998.

OTHER PROCUREMENT, ARMY

For construction, procurement, production,

and modification of vehicles, including tactical,

support, and nontracked combat vehicles; the

purchase of not to exceed 41 passenger motor vehicles for replacement only; communications

and electronic equipment; other support equip-
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T123.14 SEPTEMBER 29

ment; spare parts, ordnance, and accessories

therefor; specialized equipment and training devices; expansion of public and private plants,

including the land necessary therefor, for foregoing purposes, and such lands and interests

therein, may be acquired, and construction

prosecuted thereon prior to approval of title;

and procurement and installation of equipment,

appliances, and machine tools in public and private plants; reserve plant and Government and

contractor-owned equipment layaway; and

other expenses necessary for the foregoing purposes; $2,769,443,000, to remain available for obligation until September 30, 1998.

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production,

modification, and modernization of aircraft,

equipment, including ordnance, spare parts,

and accessories therefor; specialized equipment;

expansion of public and private plants, including the land necessary therefor, and such lands

and interests therein, may be acquired, and construction prosecuted thereon prior to approval

of title: and procurement and installation of

equipment, appliances, and machine tools in

public and private plants; reserve plant and

Government and contractor-owned equipment

layaway; $4,589,394,000, to remain available for

obligation until September 30, 1998.

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production,

modification, and modernization of missiles, torpedoes, other weapons, and related support

equipment including spare parts, and accessories therefor; expansion of public and private

plants, including the land necessary therefor,

and such lands and interests therein, may be acquired, and construction prosecuted thereon

prior to approval of title; and procurement and

installation of equipment, appliances, and machine tools in public and private plants; reserve

plant and Government and contractor-owned

equipment layaway; $1,669,827,000, to remain

available for obligation until September 30, 1998.

PROCUREMENT OF AMMUNITION, NAVY AND

MARINE CORPS

For construction, procurement, production,

and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private

plants, including ammunition facilities authorized by section 2854, title 10, United States Code,

and the land necessary therefor, for the foregoing purposes, and such lands and interests

therein, may be acquired, and construction

prosecuted thereon prior to approval of title;

and procurement and installation of equipment,

appliances, and machine tools in public and private plants; reserve plant and Government and

contractor-owned equipment layaway; and

other expenses necessary for the foregoing purposes; $430,053,000, to remain available for obligation until September 30, 1998.

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction,

acquisition, or conversion of vessels as authorized by law, including armor and armament

thereof, plant equipment, appliances, and machine tools and installation thereof in public

and private plants; reserve plant and Government and contractor-owned equipment layaway;

procurement of critical, long leadtime components and designs for vessels to be constructed

or converted in the future; and expansion of

public and private plants, including land necessary therefor, and such lands and interests

therein, may be acquired, and construction

prosecuted thereon prior to approval of title, as

follows:

For continuation of the SSN–21 attack submarine program, $700,000,000;

NSSN–1 (AP), $704,498,000;

NSSN–2 (AP), $100,000,000;

CVN Refuelings, $221,988,000;

DGS–51 destroyer program, $2,169,257,000, for

the purchase of two destroyers and advance

procurement: Provided, That the Secretary of

the Navy shall award a contract, if successfully

negotiated, for two additional DDG–51 destroyers on October 1, 1996;

LHD–1 amphibious assault ship program,

$1,300,000,000;

LPD–17 amphibious transport dock ship,

$974,000,000;

Fast patrol craft, $9,500,000;

T–AGS–64 multi-purpose oceanographic survey ship, $16,000,000;

LSD–52, $20,000,000;

For craft, outfitting, post delivery conversions, and first destination transportation,

$428,715,000; In all: $6,643,958,000, to remain

available for obligation until September 30, 2000:

Provided, That additional obligations may be

incurred after September 30, 2000, for engineering services, tests, evaluations, and other such

budgeted work that must be performed in the

final state of ship construction: Provided further, That none of the funds herein provided for

the construction or conversion of any naval vessel to be constructed in shipyards in the United

States shall be expended in foreign facilities for

the construction of major components of such

vessel: Provided further, That none of the funds

herein provided shall be used for the construction of any naval vessel in foreign shipyards.

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support equipment and materials not

otherwise provided for, Navy ordnance (except

ordnance for new aircraft, new ships, and ships

authorized for conversion); the purchase of not

to exceed 252 passenger motor vehicles for replacement only; expansion of public and private

plants, including the land necessary therefor,

and such lands and interests therein, may be acquired, and construction prosecuted thereon

prior to approval of title; and procurement and

installation of equipment, appliances, and machine tools in public and private plants; reserve

plant and Government and contractor-owned

equipment layaway; $2,503,581,000, to remain

available for obligation until September 30, 1998.

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement,

manufacture, and modification of missiles, armament, military equipment, spare parts, and

accessories therefor; plant equipment, appliances, and machine tools, and installation

thereof in public and private plants; reserve

plant and Government and contractor-owned

equipment layaway; vehicles for the Marine

Corps, including the purchase of not to exceed

194 passenger motor vehicles for replacement

only; and expansion of public and private

plants, including land necessary therefor, and

such lands and interests therein, may be acquired and construction prosecuted thereon

prior to approval of title; $458,947,000, to remain

available for obligation until September 30, 1998.

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and equipment, including armor

and armament, specialized ground handling

equipment, and training devices, spare parts,

and accessories therefor; specialized equipment;

expansion of public and private plants, Government-owned equipment and installation thereof

in such plants, erection of structures, and acquisition of land, for the foregoing purposes,

and such lands and interests therein, may be acquired, and construction prosecuted thereon

prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the

foregoing purposes including rents and transportation of things; $7,367,983,000, to remain

available for obligation until September 30, 1998.

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles. spacecraft, rockets, and related

equipment, including spare parts, and accessories therefor, ground handling equipment, and

training devices; expansion of public and private plants, Government-owned equipment and

installation thereof in such plants, erection of

structures, and acquisition of land, for the foregoing purposes, and such lands and interests

therein, may be acquired, and construction

prosecuted thereon prior to approval of title; reserve plant and Government and contractorowned equipment layaway; and other expenses

necessary for the foregoing purposes including

rents and transportation of things;

$2,943,931,000, to remain available for obligation

until September 30, 1998.

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production,

and modification of ammunition and accessories

therefor; specialized equipment and training devices; expansion of public and private plants,

including ammunition facilities authorized by

section 2854, title 10, United States Code, and

the land necessary therefor, for the foregoing

purposes, and such lands and interests therein,

may be acquired, and construction prosecuted

thereon prior to approval of title; and procurement and installation of equipment, appliances,

and machine tools in public and private plants;

reserve plant and Government and contractorowned equipment layaway; and other expenses

necessary for the foregoing purposes;

$338,800,000, to remain available for obligation

until September 30, 1998.

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including ground guidance and electronic

control equipment, and ground electronic and

communication equipment), and supplies, materials, and spare parts therefor, not otherwise

provided for; the purchase of not to exceed 385

passenger motor vehicles for replacement only;

the purchase of 1 vehicle required for physical

security of personnel, notwithstanding price

limitations applicable to passenger vehicles but

not to exceed $260,000 per vehicle; and expansion of public and private plants, Governmentowned equipment and installation thereof in

such plants, erection of structures, and acquisition of land, for the foregoing purposes, and

such lands and interests therein, may be acquired, and construction prosecuted thereon,

prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; $6,284,230,000, to remain available for obligation until September 30, 1998.

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the

Department of Defense (other than the military

departments) necessary for procurement, production, and modification of equipment, supplies, materials and spare parts therefor, not

otherwise provided for; the purchase of not to

exceed 451 passenger motor vehicles, of which

447 shall be for replacement only; expansion of

public and private plants, equipment, and installation thereof in such plants, erection of

structures, and acquisition of land for the foregoing purposes, and such lands and interests

therein, may be acquired, and construction

prosecuted thereon prior to approval of title; reserve plant and Government and contractorowned equipment layaway; $2,124,379,000, to remain available for obligation until September 30,

1998.

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked

combat vehicles, ammunition, other weapons,

and other procurement for the reserve components of the Armed Forces; $777,000,000, to remain available for obligation until September 30,

1998: Provided, That the Chiefs of the Reserve

and National Guard components shall, not later

than November 1, 1995, individually submit to

the congressional defense committees the modernization priority assessment for their respective Reserve or National Guard component.
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1995 T123.14

TITLE IV—RESEARCH, DEVELOPMENT,

TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND

EVALUATION, ARMY

For expenses necessary for basic and applied

scientific research, development, test and evaluation, including maintenance, rehabilitation,

lease, and operation of facilities and equipment,

as authorized by law; $4,870,684,000, to remain

available for obligation until September 30, 1997.

RESEARCH, DEVELOPMENT, TEST AND

EVALUATION, NAVY

For expenses necessary for basic and applied

scientific research, development, test and evaluation, including maintenance, rehabilitation,

lease, and operation of facilities and equipment,

as authorized by law; $8,748,132,000, to remain

available for obligation until September 30, 1997:

Provided, That of the funds provided in Public

Law 103–335, in title IV, under the heading ‘‘Research, Development, Test and Evaluation,

Navy’’, $5,000,000 shall be made available as a

grant only to the Marine and Environmental

Research and Training Station (MERTS) for

laboratory and other efforts associated with research, development, and other programs of

major importance to the Department of Defense:

Provided further, That funds appropriated in

this paragraph which are available for the V–22

may be used to meet unique requirements of the

Special Operations Forces.

RESEARCH, DEVELOPMENT, TEST AND

EVALUATION, AIR FORCE

For expenses necessary for basic and applied

scientific research, development, test and evaluation, including maintenance, rehabilitation,

lease, and operation of facilities and equipment,

as authorized by law; $13,126,567,000, to remain

available for obligation until September 30, 1997:

Provided, That of the funds made available in

this paragraph, $25,000,000 shall be only for development of reusable launch vehicle technologies: Provided further, That not less than

$9,500,000 of the funds appropriated in this

paragraph shall be made available only for the

Joint Seismic Program and the Global Seismographic Network.

RESEARCH, DEVELOPMENT, TEST AND

EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the

Department of Defense (other than the military

departments), necessary for basic and applied

scientific research, development, test and evaluation; advanced research projects as may be

designated and determined by the Secretary of

Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and

equipment, as authorized by law; $9,411,057,000,

to remain available for obligation until September 30, 1997: Provided, That not less than

$200,442,000 of the funds appropriated in this

paragraph shall be made available only for the

Sea-Based Wide Area Defense (Navy UpperTier) program: Provided further, That the funds

made available under the second proviso under

this heading in Public Law 103–335 (108 Stat.

2613) shall also be available to cover the reasonable costs of the administration of loan guarantees referred to in that proviso and shall be

available to cover such costs of administration

and the costs of such loan guarantees until September 30, 1998.

DEVELOPMENTAL TEST AND EVALUATION,

DEFENSE

For expenses, not otherwise provided for, of

independent activities of the Director, Test and

Evaluation in the direction and supervision of

developmental test and evaluation, including

performance and joint developmental testing

and evaluation; and administrative expenses in

connection therewith; $251,082,000, to remain

available for obligation until September 30, 1997.

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation in the

direction and supervision of operational test

and evaluation, including initial operational

test and evaluation which is conducted prior to,

and in support of, production decisions; joint

operational testing and evaluation; and administrative expenses in connection therewith;

$22,587,000 to remain available for obligation

until September 30, 1997.

TITLE V—REVOLVING AND MANAGEMENT

FUNDS

DEFENSE BUSINESS OPERATIONS FUND

For the Defense Business Operations Fund;

$878,700,000.

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs,

projects, and activities, and for expenses of the

National Defense Reserve Fleet, as established

by section 11 of the Merchant Ship Sales Act of

1946 (50 U.S.C. App 1744); $1,024,220,000, to remain available until expended: Provided, That

none of the funds provided in this paragraph

shall be used to award a new contract hat provides for the acquisition of any of the following

major components unless such components are

manufactured in the United States: auxiliary

equipment, including pumps, for all ship-board

services; propulsion system components (that is;

engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard

cranes: Provided further, That the exercise of

an option in a contract awarded through the

obligation of previously appropriated funds

shall not be considered to be the award of a new

contract: Provided further, That the Secretary

of the military department responsible for such

procurement may waive this restriction on a

case-by-case basis by certifying in writing to the

Committees on Appropriations of the House of

Representatives and the Senate, that adequate

domestic supplies are not available to meet Department of Defense requirements on a timely

basis and that such an acquisition must be made

in order to acquire capability for national security purposes: Provided further, That the Secretary of the Navy may obligate not to exceed

$110,000,000 from available appropriations to the

Navy for the procurement of one additional

MPS ship.

TITLE VI—OTHER DEPARTMENT OF

DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for

medical and health care programs of the Department of Defense, as authorized by law;

$10,226,358,000, of which $9,938,325,000 shall be

for Operation and maintenance, of which

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

until September 30, 1998, shall be for Procurement: Provided, That of the funds appropriated

under this heading, $14,500,000 shall be made

available for obtaining emergency communications services for members of the Armed Forces

and their families from the American National

Red Cross as authorized by law: Provided further, That the date for implementation of the

nation-wide managed care military health services system shall be extended to September 30,

1997: Provided further, That of the funds provided under this heading, $3,400,000 is available

only to permit private sector or non-federal physicians, who have used and will use the antibacterial treatment method based upon the excretion of dead decaying spherical bacteria, to

work in conjunction with the Walter Reed Army

Medical Center on a treatment protocol and related studies for Desert Storm Syndrome-affected veterans.

CHEMICAL AGENTS AND MUNITIONS

DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the destruction of the United States

stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the

destruction of other chemical warfare materials

that are not in the chemical weapon stockpile,

$672,250,000, of which $353,850,000 shall be for

Operation and maintenance, $265,000,000 shall

be for Procurement to remain available until

September 30, 1998, and $53,400,000 shall be for

Research, development, test and evaluation to

remain available until September 30, 1997.

DRUG INTERDICTION AND COUNTER-DRUG

ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer

to appropriations available to the Department of

Defense for military personnel of the reserve

components serving under the provisions of title

10 and title 32, United States Code; for Operation and maintenance; for Procurement; and

for Research, development, test and evaluation;

$688,432,000: Provided, That the funds appropriated by this paragraph shall be available for

obligation for the same time period and for the

same purpose as the appropriation to which

transferred: Provided further, That the transfer

authority provided in this paragraph is in addition to any transfer authority contained elsewhere in this Act.

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the

Inspector General in carrying out the provisions

of the Inspector General Act of 1978, as amended; $178,226,000, of which $177,226,000 shall be

for Operation and maintenance, of which not to

exceed $400,000 is available for emergencies and

extraordinary expenses to be expended on the

approval or authority of the Inspector General,

and payments may be made on his certificate of

necessity for confidential military purposes; and

of which $1,000,000 to remain available until

September 30, 1998, shall be for Procurement.

TITLE VII—RELATED AGENCIES

CENTRAL INTELLIGENCE AGENCY RETIREMENT

AND DISABILITY SYSTEM FUND

For payment to the Central Intelligence Agency Retirement and Disability System Fund, to

maintain proper funding level for continuing

the operation of the Central Intelligence Agency

Retirement and Disability System; $213,900,000.

NATIONAL SECURITY EDUCATION TRUST FUND

For the purposes of title VIII of Public Law

102–183, $7,500,000, to be derived from the National Security Education Trust Fund, to remain available until expended: Provided, That

any individual accepting a scholarship or fellowship from this program agrees to be employed

by the Department of Defense or in the Intelligence Community in accordance with federal

employment standards.

INTELLIGENCE COMMUNITY MANAGEMENT

ACCOUNT

For necessary expenses of the Intelligence

Community Management Account; $90,683,000.

KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND ENVIRONMENTAL RESTORATION

TRUST FUND

For payment to the Kaho’olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, as authorized by law,

$25,000,000, to remain available until expended.

TITLE VIII—GENERAL PROVISIONS

SEC. 8001. No part of any appropriation contained in this Act shall be used for publicity or

propaganda purposes not authorized by the

Congress.

SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not

a citizen of the United States shall not apply to

personnel of the Department of Defense; Provided, That salary increases granted to direct

and indirect hire foreign national employees of

the Department of Defense funded by this Act

shall not be at a rate in excess of the percentage

increased authorized by law for civilian employees of the Department of Defense whose pay is

computed under the provisions of section 5332 of
JOURNAL OF THE

1480

T123.14 SEPTEMBER 29

title 5, United States Code, or at a rate in excess

of the percentage increase provided by the appropriate host nation to its own employees,

whichever is higher: Provided further, That this

section shall not apply to Department of Defense foreign service national employees serving

at United States diplomatic missions whose pay

is set by the Department of State under the Foreign Service Act of 1980: Provided further, That

the limitations of this provision shall not apply

to foreign national employees of the Department

of Defense in the Republic of Turkey.

SEC. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless

expressly so provided herein.

SEC. 8004. No more than 20 per centum of the

appropriations in this Act which are limited for

obligation during the current fiscal year shall be

obligated during the last two months of the fiscal year: Provided, That this section shall not

apply to obligations for support of active duty

training of reserve components or summer camp

training of the Reserve Officers’ Training Corps.

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense that such action is necessary

in the national interest, he may, with the approval of the Office of Management and Budget,

transfer not to exceed $2,400,000,000 of working

capital funds of the Department of Defense or

funds made available in this Act to the Department of Defense for military functions (except

military construction) between such appropriations or funds or any subdivision thereof, to be

merged with and to be available for the same

purposes, and for the same time period, as the

appropriation or fund to which transferred:

Provided, That such authority to transfer may

not be used unless for higher priority items,

based on unforseen military requirements, than

those for which originally appropriated and in

no case where the item for which funds are requested has been denied by Congress: Provided

further, That the Secretary of Defense shall notify the Congress promptly of all transfers made

pursuant to this authority or any other authority in this Act: Provided further, That no part

of the funds in this Act shall be available to prepare or present a request to the Committees on

Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which

originally appropriated and in no case where

the item for which reprogramming is requested

has been denied by the Congress.

(TRANSFER OF FUNDS)

SEC. 8006. During the current fiscal year, cash

balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be

maintained in only such amounts as are necessary at any time for cash disbursements to be

made from such funds: Provided, That transfers

may be made between such funds and the ‘‘Foreign Currency Fluctuations, Defense’’ and ‘‘Operation and Maintenance’’ appropriation accounts in such amounts as may be determined

by the Secretary of Defense, with the approval

of the Office of Management and Budget, except

that such transfers may not be made unless the

Secretary of Defense has notified the Congress

of the proposed transfer. Except in amounts

equal to the amounts appropriated to working

capital funds in this Act, no obligations may be

made against a working capital fund to procure

or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.

SEC. 8007. Using funds available by this Act or

any other Act, the Secretary of the Air Force,

pursuant to a determination under section 2690

of title 10, United States Code, may implement

cost-effective agreements for required heating

facility modernization in the Kaiserslautern

Military Community in the Federal Republic of

Germany: Provided, That in the City of

Kaiserslautern such agreements will include the

use of United States anthracite as the base load

energy for municipal district heat to the United

States Defense installations: Provided further,

That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may

be obtained from private, regional or municipal

services, if provisions are included for the consideration of United States coal as an energy

source: Provided further, That none of the

funds available to the Department of Defense in

this Act shall be used by the Secretary of a military department to purchase coal or coke from

foreign nations for use at United States defense

facilities in Europe when coal from the United

States is available.

SEC. 8008. Funds appropriated by this Act

may not be used to initiate a special access program without prior notification 30 calendar

days in session in advance to the congressional

defense committees.

SEC. 8009. None of the funds contained in this

Act available for the Civilian Health and Medical Program of the Uniformed Services shall be

available for payments to physicians and other

non-institutional health care providers in excess

of the amounts allowed in fiscal year 1995 for

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

which the Secretary of Defense determines an

increase is justified by economic circumstances,

the allowable amounts may be increased in accordance with appropriate economic index data

similar to that used pursuant to title XVIII of

the Social Security Act; and (b) for services the

Secretary determines are overpriced based on allowable payments under title XVIII of the Social Security Act, the allowable amounts shall

be reduced by not more than 15 percent (except

that the reduction may be waived if the Secretary determines that it would impair adequate

access to health care services for beneficiaries).

The Secretary shall solicit public comment prior

to promulgating regulations to implement this

section. Such regulations shall include a limitation, similar to that used under title XVIII of

the Social Security Act, on the extent to which

a provider may bill a beneficiary an actual

charge in excess of the allowable amount.

SEC. 8010. None of the funds provided in this

Act shall be available to initiate (1) a multiyear

contract that employs economic order quantity

procurement in excess of $20,000,000 in any one

year of the contract or that includes an unfunded contingent liability in excess of

$20,000,000, or (2) a contract for advance procurement leading to a multiyear contract that

employs economic order quantity procurement in

excess of $20,000,000 in any one year, unless the

congressional defense committees have been notified at least thirty days in advance of the proposed contract award: Provided, That no part of

any appropriation contained in this Act shall be

available to initiate a multiyear contract for

which the economic order quantity advance procurement is not funded at least to the limits of

the Government’s liability: Provided further,

That no part of any appropriation contained in

this Act shall be available to initiate multiyear

procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further,

That no multiyear procurement contract can be

terminated without 10-day prior notification to

the congressional defense committees: Provided

further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.

Funds appropriated in title III of this Act may

be used for multiyear procurement contracts as

follows:

UH–60 Blackhawk helicopter;

Apache Longbow helicopter; and

M1A2 tank upgrade.

SEC. 8011. Within the funds appropriated for

the operation and maintenance of the Armed

Forces, funds are hereby appropriated pursuant

to section 401 of title 10, United States Code, for

humanitarian and civic assistance costs under

chapter 20 of title 10, United States Code. Such

funds may also be obligated for humanitarian

and civic assistance costs incidental to authorized operations and pursuant to authority

granted in section 401 of chapter 20 of title 10,

United States Code, and these obligations shall

be reported to Congress on September 30 of each

year: Provided, That funds available for operation and maintenance shall be available for

providing humanitarian and similar assistance

by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public

Law 99–239: Provided further, That upon a determination by the Secretary of the Army that

such action is beneficial for graduate medical

education programs conducted at Army medical

facilities located in Hawaii, the Secretary of the

Army may authorize the provision of medical

services at such facilities and transportation to

such facilities, on a nonreimbursable basis, for

civilian patients from American Samoa, the

Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated

States of Micronesia, Palau, and Guam.

SEC. 8012. (a) During fiscal year 1996, the civilian personnel of the Department of Defense

may not be managed on the basis of any endstrength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as

an end-strength) on the number of such personnel who may be employed on the last day of

such fiscal year.

(b) The fiscal year 1997 budget request for the

Department of Defense as well as all justification material and other documentation supporting the fiscal year 1997 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and

(b) of this provision were effective with regard

to fiscal year 1997.

(c) Nothing in this section shall be construed

to apply to military (civilian) technicians.

SEC. 8013. None of the funds provided in this

Act shall be available either to return any

IOWA Class Battleships to the Naval Register,

or to retain the logistical support necessary for

support of any IOWA Class Battleships in active

service.

Sec. 8014. Notwithstanding any other provision of law, none of the funds made available by

this Act shall be used by the Department of Defense to exceed, outside the fifty United States,

its territories, and the District of Columbia,

125,000 civilian workyears: Provided, That

workyears shall be applied as defined in the

Federal Personnel Manual: Provided further,

That workyears expended in dependent student

hiring programs for disadvantaged youths shall

not be included in this workyear limitation.

SEC. 8015. None of the funds made available

by this Act shall be used in any way, directly or

indirectly, to influence congressional action on

any legislation or appropriation matters pending before the Congress.

SEC. 8016. None of the funds appropriated for

the Department of Defense during the current

fiscal year and hereafter shall be obligated for

the pay of any individual who is initially employed after the date of enactment of this Act as

a technician in the administration and training

of the Army Reserve and the maintenance and

repair of supplies issued to the Army Reserve

unless such individual is also a military member

of the Army Reserve troop program unit that he

or she is employed to support. Those technicians

employed by the Army Reserve in areas other

than Army Reserve troop program units need

only be members of the Selected Reserve.

SEC. 8017. Notwithstanding any other provision of law, during the current fiscal year and

hereafter, the Secretaries of the Army and Air

Force may authorize the retention in an active

status until age sixty of any person who would

otherwise be removed from an active status and

who is employed as a National Guard or Reserve

technician in a position in which active status
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1995 T123.14

in a reserve component of the Army or Air Force

is required as a condition of that employment.

SEC. 8018. (a) None of the funds appropriated

by this Act shall be used to make contributions

to the Department of Defense Education Benefits Fund pursuant to section 2006(g) of title 10,

United States Code, representing the normal

cost for future benefits under section 1415(c) of

title 38, United States Code, for any member of

the armed services who, on or after the date of

enactment of this Act—

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

active duty of less than three years; or

(2) receives an enlistment bonus under section

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

nor shall any amounts representing the normal

cost of such future benefits be transferred from

the Fund by the Secretary of the Treasury to

the Secretary of Veterans Affairs pursuant to

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

nor shall the Secretary of Veterans Affairs pay

such benefits to any such member: Provided,

That, in the case of a member covered by clause

(1), these limitations shall not apply to members

in combat arms skills or to members who enlist

in the armed services on or after July 1, 1989,

under a program continued or established by the

Secretary of Defense in fiscal year 1991 to test

the cost-effective use of special recruiting incentives involving not more than nineteen noncombat arms skills approved in advance by the Secretary of Defense: Provided further, That this

subsection applies only to active components of

the Army.

(b) None of the funds appropriated by this Act

shall be available for the basic pay and allowances of any member of the Army participating

as a full-time student and receiving benefits

paid by the Secretary of Veterans Affairs from

the Department of Defense Education Benefits

Fund when time spent as a full-time student is

credited toward completion of a service commitment: Provided, That this subsection shall not

apply to those members who have reenlisted

with this option prior to October 1, 1987: Provided further, That this subsection applies only

to active components of the Army.

SEC. 8019. Funds appropriated for the Department of Defense during the current fiscal year

and hereafter shall be available for the payment

of not more than 75 percent of the changes of a

postsecondary educational institution for the

tuition or expenses of an officer in the Ready

Reserve of the Army National Guard or Army

Reserve for education or training during his offduty periods, except that no part of the charges

may be paid unless the officer agrees to remain

a member of the Ready Reserve for at least four

years after completion of such training or education.

SEC. 8020. None of the funds appropriated by

this Act shall be available to convert to contractor performance an activity or function of

the Department of Defense that, on or after the

date of enactment of this Act, is performed by

more than ten Department of Defense civilian

employees until a most efficient and cost-effective organization analysis is completed on such

activity or function and certification of the

analysis is made to the Committees on Appropriations of the House of Representatives and

the Senate: Provided, That this section shall not

apply to a commercial or industrial type function of the Department of Defense that: (1) is included on the procurement list established pursuant to section 2 of the Act of June 25, 1938 (41

U.S.C. 47), popularly referred to as the JavitsWagner-O’Day Act; (2) is planned to be converted to performance by a qualified nonprofit

agency for the blind or by a qualified nonprofit

agency for other severely handicapped individuals in accordance with that Act; or (3) is

planned to be converted to performance by a

qualified firm under 51 percent Native American

ownership.

(TRANSFER OF FUNDS)

SEC. 8021. Funds appropriated in title III of

this Act for the Department of Defense Pilot

Mentor-Protege Program may be transferred to

any other appropriation contained in this Act

solely for the purpose of implementing a Mentor-Protege Program developmental assistance

agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal

Year 1991 (Public Law 101–510; 10 U.S.C. 2301

note), as amended, under the authority of this

provision or any other transfer authority contained in this Act.

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

be available for the purchase by the Department

of Defense (and its departments and agencies) of

welded shipboard anchor and mooring chain 4

inches in diameter and under unless the anchor

and mooring chain are manufactured in the

United States from components which are substantially manufactured in the United States:

Provided, That for the purpose of this section

manufactured will include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting

process): Provided further, That for the purpose

of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the

United States if the aggregate cost of the components produced or manufactured in the United

States exceeds the aggregate cost of the components produced or manufactured outside the

United States: Provided further, That when

adequate domestic supplies are not available to

meet Department of Defense requirements on a

timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in

writing to the Committees on Appropriations

that such an acquisition must be made in order

to acquire capability for national security purposes.

(TRANSFER OF FUNDS)

SEC. 8023. None of the funds appropriated by

this Act available for the Civilian Health and

Medical Program of the Uniformed Services

(CHAMPUS) shall be available for the reimbursement of any health care provider for inpatient mental health service for care received

when a patient is referred to a provider of inpatient mental health care or residential treatment

care by a medical or health care professional

having an economic interest in the facility to

which the patient is referred: Provided, That

this limitation does not apply in the case of inpatient mental health services provided under

the program for the handicapped under subsection (d) of section 1079 of title 10, United

States Code, provided as partial hospital care,

or provided pursuant to a waiver authorized by

the Secretary of Defense because of medical or

psychological circumstances of the patient that

are confirmed by a health professional who is

not a Federal employee after a review, pursuant

to rules prescribed by the Secretary, which takes

into account the appropriate level of care for

the patient, the intensity of services required by

the patient, and the availability of that care.

SEC. 8024. Of the funds made available by this

Act in title III, Procurement, $8,000,000, drawn

pro rata from each appropriations account in

title III, shall be available for incentive payments authorized by section 504 of the Indian

Financing Act of 1974, 25 U.S.C. 1544. These

payments shall be available only to contractors

which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d), and according to regulations which shall be promulgated by the Secretary of Defense within 90 days of the passage

of this Act.

SEC. 8025. Funds available in this Act may be

used to provide transportation for the next-ofkin of individuals who have been prisoners of

war or missing in action from the Vietnam era

to an annual meeting in the United States,

under such regulations as the Secretary of Defense may prescribe.

SEC. 8026. During the current fiscal year, none

of the funds available to the Department of Defense may be used to procure or acquire (1) defensive handguns unless such handguns are the

M9 or M11 9mm Department of Defense standard handguns, or (2) offensive handguns except

for the Special Operations Forces: Provided,

That the foregoing shall not apply to handguns

and ammunition for marksmanship competitions.

SEC. 8027. Notwithstanding any other provision of law, during the current fiscal year, the

Secretary of Defense may, by Executive Agreement, establish with host nation governments in

NATO member states a separate account into

which such residual value amounts negotiated

in the return of United States military installations in NATO member states may be deposited,

in the currency of the host nation, in lieu of direct monetary transfers to the United States

Treasury: Provided, That such credits may be

utilized only for the construction of facilities to

support United States military forces in that

host nation, or such real property maintenance

and base operating costs that are currently executed through monetary transfers to such host

nations: Provided further, That the Department

of Defense’s budget submission for fiscal year

1997 shall identify such sums anticipated in residual value settlements, and identify such construction, real property maintenance or base operating costs that shall be funded by the host

nation through such credits: Provided further,

That all military construction projects to be executed from such accounts must be previously approved in a prior Act of Congress: Provided further, That each such Executive Agreement with

a NATO member host nation shall be reported to

the congressional defense committees, and the

Committee on International Relations of the

House of Representatives and the Committee on

Foreign Relations of the Senate thirty days

prior to the conclusion and endorsement of any

such agreement established under this provision.

SEC. 8028. None of the funds available to the

Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M–1 Garand

rifles, M–14 rifles, .22 caliber rifles, or M–1911

pistols.

SEC. 8029. None of the funds available to the

Department of the Navy may be used to enter

into any contract for the overhaul, repair, or

maintenance of any naval vessel homeported on

the West Coast of the United States which includes charges for interport differential as an

evaluation factor for award.

SEC. 8030. Notwithstanding any other provision of law, none of the funds appropriated by

this Act shall be available to pay more than 50

percent of an amount paid to any person under

section 308 of title 37, United States Code, in a

lump sum.

SEC. 8031. None of the funds appropriated

during the current fiscal year and hereafter,

may be used by the Department of Defense to

assign a supervisor’s title or grade when the

number of people he or she supervises is considered as a basis for this determination: Provided,

That savings that result from this provision are

represented as such in future budget proposals.

SEC. 8032. None of the funds appropriated by

this Act shall be available for payments under

the Department of Defense contract with the

Louisiana State University Medical Center involving the use of cats for Brain Missile Wound

Research, and the Department of Defense shall

not make payments under such contract from

funds obligated prior to the date of the enactment of this Act, except as necessary for costs

incurred by the contractor prior to the enactment of this Act: Provided, That funds necessary for the care of animals covered by this

contract are allowed.

SEC. 8033. Notwithstanding any other provision of law, funds available to the Department

of Defense shall be made available to provide

transportation of medical supplies and equipment, on a nonreimbursable basis, to American

Samoa: Provided, That notwithstanding any

other provision of law, funds available to the

Department of Defense shall be made available

to provide transportation of medical supplies
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and equipment, on a nonreimbursable basis, to

the Indian Health Service when it is in conjunction with a civil-military project.

SEC. 8034. None of the funds provided in this

Act or any other Act shall be available to conduct bone trauma research at any Army Research Laboratory until the Secretary of the

Army certifies that the synthetic compound to

be used in the experiments is of such a type that

its use will result in a significant medical finding, the research has military application, the

research will be conducted in accordance with

the standards set by an animal care and use

committee, and the research does not duplicate

research already conducted by a manufacturer

or any other research organization.

SEC. 8035. No more than $50,000 of the funds

appropriated or made available in this Act shall

be used for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National

Capital Region: Provided, That the Secretary of

Defense may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and Senate that such a relocation is

required in the best interest of the Government.

SEC. 8036. During the current fiscal year,

funds appropriated or otherwise available for

any Federal agency, the Congress, the judicial

branch, or the District of Columbia may be used

for the pay, allowances, and benefits of an employee as defined by section 2105 of title 5 or an

individual employed by the government of the

District of Columbia, permanent or temporary

indefinite, who—

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

Armed Forces, as described in section 261 of title

10, or the National Guard, as described in section 101 of title 32;

(2) performs for the purpose of providing military aid to enforce the law or providing assistance to civil authorities in the protection or saving of life or property or prevention of injury—

(A) Federal service under section 331, 332, 333,

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

law, as applicable, or

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

District of Columbia, the Commonwealth of

Puerto Rico, or a territory of the United States;

and

(3) requests and is granted—

(A) leave under the authority of this section;

or

(B) annual leave, which may be granted without regard to the provisions of sections 5519 and

6323(b) of title 5, if such employee is otherwise

entitled to such annual leave:

Provided, That any employee who requests leave

under subsection (3)(A) for service described in

subsection (2) of this section is entitled to such

leave, subject to the provisions of this section

and of the last sentence of section 6323(b) of title

5, and such leave shall be considered leave

under section 6323(b) of title 5.

SEC. 8037. None of the funds appropriated by

this Act shall be available to perform any cost

study pursuant to the provisions of OMB Circular A–76 if the study being performed exceeds

a period of twenty-four months after initiation

of such study with respect to a single function

activity or forty-eight months after initiation of

such study for a multi-function activity.

SEC. 8038. Funds appropriated by this Act for

the American Forces Information Service shall

not be used for any national or international

political or psychological activities.

SEC. 8039. Notwithstanding any other provision of law, each contract awarded by the Department of Defense in fiscal year 1996 for construction or service performed in whole or in

part in a State which is not contiguous with another State and has an unemployment rate in

excess of the national average rate of unemployment as determined by the Secretary of Labor

shall include a provision requiring the contractor to employ, for the purpose of performing

that portion of the contract in such State that

is not contiguous with another State, individuals who are residents of such State and who,

in the case of any craft or trade, possess or

would be able to acquire promptly the necessary

skills: Provided, That the Secretary of Defense

may waive the requirements of this section in

the interest of national security.

SEC. 8040. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian employees hired for certain health care occupations as

authorized for the Secretary of Veterans Affairs

by section 7455 of title 38, United States Code.

SEC. 8041. None of the funds appropriated or

made available in this Act shall be used to reduce or disestablish the operation of the 53rd

Weather Reconnaissance Squadron of the Air

Force Reserve, if such action would reduce the

WC–130 Weather Reconnaissance mission below

the levels funded in this Act.

SEC. 8042. (a) Of the funds for the procurement of supplies or services appropriated by this

Act, qualified nonprofit agencies for the blind or

other severely handicapped shall be afforded the

maximum practicable opportunity to participate

as subcontractors and suppliers in the performance of contracts let by the Department of Defense.

(b) During the current fiscal year, a business

concern which has negotiated with a military

service or defense agency a subcontracting plan

for the participation by small business concerns

pursuant to section 8(d) of the Small Business

Act (15 U.S.C. 637(d)) shall be given credit toward meeting that subcontracting goal for any

purchases made from qualified nonprofit agencies for the blind or other severely handicapped.

(c) For the purpose of this section, the phrase

‘’qualified nonprofit agency for the blind or

other severely handicapped’’ means a nonprofit

agency for the blind or other severely handicapped that has been approved by the Committee for the Purchase from the Blind and

Other Severely Handicapped under the JavitsWagner-O’Day Act (41 U.S.C. 46–48).

SEC. 8043. During the current fiscal year, net

receipts pursuant to collections from third party

payers pursuant to section 1095 of title 10,

United States Code, shall be made available to

the local facility of the uniformed services responsible for the collections and shall be over

and above the facility’s direct budget amount.

SEC. 8044. During the current fiscal year, the

Department of Defense is authorized to incur

obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10,

United States Code, in anticipation of receipt of

contributions, only from the Government of Kuwait, under that section: Provided, That, upon

receipt, such contributions from the Government

of Kuwait shall be credited to the appropriation

or fund which incurred such obligations.

SEC. 8045. Of the funds made available in this

Act, not less than $25,144,000 shall be available

for the Civil Air Patrol, of which $16,704,000

shall be available for Operations and Maintenance.

SEC. 8046. (a) None of the funds appropriated

in this Act are available to establish a new

FFRDC, either as a new entity, or as a separate

entity administered by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium

of other FFRDCs and other nonprofit entities.

(b) LIMITATION ON COMPENSATION.—No member of a Board of Directors, Trustees, Overseers,

Advisory Group, Special Issues Panel, Visiting

Committee, or any similar entity of a defense

FFRDC, and no paid consultant to any defense

FFRDC, may be compensated for his or her services as a member of such entity, or as a paid

consultant, except under the same conditions,

and to the same extent, as members of the Defense Science Board: Provided, That a member

of any such entity referred to previously in this

subsection shall be allowed travel expenses and

per diem as authorized under the Federal Joint

Travel Regulations, when engaged in the performance of membership duties.

(c) Notwithstanding any other provision of

law, none of the funds available to the Department of Defense from any source during fiscal

year 1996 may be used by a defense FFRDC,

through a fee or other payment mechanism, for

charitable contributions, for construction of new

buildings, for payment of cost sharing for

projects funded by government grants, or for absorption of contract overruns.

(d) Notwithstanding any other provision of

law, of the amounts available to the Department

of Defense during fiscal year 1996, not more

than $1,162,650,000 may be obligated for financing activities of defense FFRDCs: Provided,

That the total amounts appropriated in titles II,

III, and IV of this Act are hereby reduced by

$90,000,000 to reflect the funding ceiling contained in this subsection.

SEC. 8047. None of the funds appropriated or

made available on this Act shall be used to procure carbon, alloy or armor steel plate for use in

any Government-owned facility or property

under the control of the Department of Defense

which were not melted and rolled in the United

States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of

Testing and Materials (ASTM) or American Iron

and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further,

That the Secretary of the military department

responsible for the procurement may waive this

restriction on a case-by-case basis by certifying

in writing to the Committees on Appropriations

of the House of Representatives and the Senate

that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided

further, That these restrictions shall not apply

to contracts which are in being as of the date of

enactment of this Act.

SEC. 8048. None of the unobligated balances

available in the National Defense Stockpile

Transition Fund during the current fiscal year

may be obligated or expended to finance any

grant or contract to conduct research, development, test and evaluation activities for the development or production of advanced materials,

unless amounts for such purposes are specifically appropriated in a subsequent appropriations Act.

SEC. 8049. For the purposes of this Act, the

term ‘‘congressional defense committees’’ means

the National Security Committee of the House of

Representatives, the Armed Services Committee

of the Senate, the subcommittee on Defense of

the Committee on Appropriations of the Senate,

and the Subcommittee on National Security of

the Committee on Appropriations of the House

of Representatives.

SEC. 8050. Notwithstanding any other provision of law, during the current fiscal year, the

Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related

articles, through competition between Department of Defense depot maintenance activities

and private firms: Provided, That the Senior Acquisition Executive of the military department

or defense agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids:

Provided further, That Office of Management

and Budget Circular A–76 shall not apply to

competitions conducted under this section.

SEC. 8051. (a)(1) If the Secretary of Defense,

after consultation with the United States Trade

Representative, determines that a foreign country which is party to an agreement described in

paragraph (2) has violated the terms of the

agreement by discriminating against certain

types of products produced in the United States

that are covered by the agreement, the Secretary

of Defense shall rescind the Secretary’s blanket

waiver of the Buy American Act with respect to
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such types of products produced in that foreign

country.

(2) An agreement referred to in paragraph (1)

is any reciprocal defense procurement memorandum of understanding, between the United

States and a foreign country pursuant to which

the Secretary of Defense has prospectively

waived the Buy American Act for certain products in that country.

(b) The Secretary of Defense shall submit to

Congress a report on the amount of Department

of Defense purchases from foreign entities in fiscal year 1996. Such report shall separately indicate the dollar value of items for which the Buy

American Act was waived pursuant to any

agreement described in subsection (a)(2), the

Trade Agreement Act of 1970 (19 U.S.C. 2501 et

seq.), or any international agreement to which

the United States is a party.

(C) For purposes of this section, the term

‘‘Buy American Act’’ means title III of the Act

entitled ‘‘An Act making appropriations for the

Treasury and Post Office Departments for the

fiscal year ending June 30, 1934, and for other

purposes’’, approved March 3, 1933 (41 U.S.C.

10a et seq.).

SEC. 8052. Notwithstanding any other provision of law, the Secretary of Defense may, when

he considers it in the best interest of the United

States, cancel any part of an indebtedness, up

to $2,500, that is or was owed to the United

States by a member or former member of a uniformed service if such indebtedness, as determined by the Secretary, was incurred in connection with Operation Desert Shield/Storm: Provided, That the amount of an indebtedness previously paid by a member or former member and

canceled under this section shall be refunded to

the member.

SEC. 8053. Appropriations contained in this

Act that remain available at the end of the current fiscal year as a result of energy cost savings realized by the Department of Defense shall

remain available for obligation for the next fiscal year to the extent, and for the purposes, provided in section 2865 of title 10, United States

Code.

SEC. 8054. During the current fiscal year, voluntary separation incentives payable under 10

U.S.C. 1175 may be paid in such amounts as are

necessary from the assets of the Voluntary Separation Incentive Fund established by section

1175(h)(1).

SEC. 8055. None of the funds appropriated by

this Act shall be used for the support of any

nonappropriated funds activity of the Department of Defense that procures malt beverages

and wine with nonappropriated funds for resale

(including such alcoholic beverages sold by the

drink) on a military installation located in the

United States unless such malt beverages and

wine are procured within that State, or in the

case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a case in

which the military installation is located in

more than one State, purchases may be made in

any State in which the installation is located:

Provided further, That such local procurement

requirements for malt beverages and wine shall

apply to all alcoholic beverages only for military

installations in States which are not contiguous

with another State: Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of

Columbia shall be procured from the most competitive source, price and other factors considered.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8056. Amounts deposited during the current fiscal year to the special account established under 40 U.S.C. 485(h)(2) and to the special account established under 10 U.S.C.

2667(d)(1) are appropriated and shall be available until transferred by the Secretary of Defense to current applicable appropriations or

funds of the Department of Defense under the

terms and conditions specified by 40 U.S.C.

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

2667(d)(1)(B), to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred.

SEC. 8057. During the current fiscal year, appropriations available to the Department of Defense may be used to reimburse a member of a

reserve component of the Armed Forces who is

not otherwise entitled to travel and transportation allowances and who occupies transient

government housing while performing active

duty for training or inactive duty training: Provided, That such members may be provided lodging in kind if transient government quarters are

unavailable as if the member was entitled to

such allowances under subsection (a) of section

404 of title 37, United States Code: Provided further, That if lodging in kind is provided, any

authorized service charge or cost of such lodging

may be paid directly from funds appropriated

for operation and maintenance of the reserve

component of the member concerned.

SEC. 8058. The President shall include with

each budget for a fiscal year submitted to the

Congress under section 1105 of title 31, United

States Code, materials that shall identify clearly

and separately the amounts requested in the

budget for appropriation for that fiscal year for

salaries and expenses related to administrative

activities of the Department of Defense, the military departments, and the Defense Agencies.

SEC. 8059. None of the funds in this or any

other Act shall be available for the preparation

of studies on—

(a) the feasibility of removal and transportation of unitary chemical weapons from the

eight chemical storage sites within the continental United States to Johnston Atoll: Provided, That this prohibition shall not apply to

General Accounting Office studies requested by

a Member of Congress or a Congressional Committee; and

(b) the potential future uses of the nine chemical disposal facilities other than for the destruction of stockpile chemical munitions and as

limited by section 1412(c)(2), Public Law 99–145:

Provided, That this prohibition does not apply

to future use studies for the CAMDS facility at

Tooele, Utah.

SEC. 8060. During the current fiscal year,

amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account established by section 2921(c)(1)

of the National Defense Authorization Act of

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

shall be available until expended for the payments specified by section 2921(c)(2) of that Act.

SEC. 8061. During the current fiscal year, annual payments granted under the provisions of

section 4416 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–

428; 106 Stat. 2714) shall be made from appropriations in this Act which are available for the

pay of reserve component personnel.

SEC. 8062. For fiscal year 1996, the total

amount appropriated in this Act to fund the

Uniformed Services Treatment Facilities program, operated pursuant to section 911 of Public

Law 97–99 (42 U.S.C. 248c), shall not exceed

$315,000,000.

SEC. 8063. Of the funds appropriated or otherwise made available by this Act, not more than

$119,200,000 shall be available for payment of

the operating costs of NATO Headquarters: Provided, That the Secretary of Defense may waive

this section for Department of Defense support

provided to NATO forces in and around the

former Yugoslavia.

SEC. 8064. Notwithstanding any other provision of law, the Naval shipyards of the United

States shall be eligible to participate in any

manufacturing extension program financed by

funds appropriated in this or any other Act.

SEC. 8065. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance

may be used to purchase items having an investment item until cost of not more than $100,000.

SEC. 8066. During the current fiscal year, appropriations available for the pay and allowances of active duty members of the Armed

Forces shall be available to pay the retired pay

which is payable pursuant to section 4403 of

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

the terms and conditions provided in section

4403.

SEC. 8067. (a) During the current fiscal year,

none of the appropriations or funds available to

the Defense Business Operations Fund shall be

used for the purchase of an investment item for

the purpose of acquiring a new inventory item

for sale or anticipated sale during the current

fiscal year or a subsequent fiscal year to customers of the Defense Business Operations Fund

if such an item would not have been chargeable

to the Defense Business Operations Fund during fiscal year 1994 and if the purchase of such

an investment item would be chargeable during

the current fiscal year to appropriations made

to the Department of Defense for procurement.

(b) The fiscal year 1997 budget request for the

Department of Defense as well as all justification material and other documentation supporting the fiscal year 1997 Department of Defense budget shall be prepared and submitted to

the Congress on the basis that any equipment

which was classified as an end item and funded

in a procurement appropriation contained in

this Act shall be budgeted for in a proposed fiscal year 1997 procurement appropriation and

not in the supply management business area or

any other area or category of the Defense Business Operations Fund.

SEC. 8068. None of the funds provided in this

Act shall be available for use by a Military Department to modify an aircraft, weapon, ship or

other item of equipment, that the Military Department concerned plans to retire or otherwise

dispose of within five years after completion of

the modification: Provided, That this prohibition shall not apply to safety modifications:

Provided further, That this prohibition may be

waived by the Secretary of a Military Department if the Secretary determines it is in the best

national security interest of the United States to

provide such waiver and so notifies the congressional defense committees in writing.

SEC. 8069. (a) None of the funds appropriated

or otherwise made available in this Act may be

used to transport or provide for the transportation of chemical munitions to the Johnston

Atoll for the purpose of storing or demilitarizing

such munitions.

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

apply to any obsolete World War II chemical

munition of the United States found in the

World War II Pacific Theater of Operations.

(c) The President may suspend the application

of subsection (a) during a period of war in

which the United States is a party.

SEC. 8070. None of the funds appropriated by

this Act for programs of the Central Intelligence

Agency shall remain available for obligation beyond the current fiscal year, except for funds

appropriated for the Reserve for Contingencies,

which shall remain available until September 30,

1997.

SEC. 8071. Notwithstanding any other provision of law, funds made available in this Act for

the Defense Intelligence Agency may be used for

the design, development, and deployment of

General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and

Specified Commands, and the component commands.

SEC. 8072. Of the funds appropriated to the

Department of Defense under the heading ‘‘Operation and Maintenance, Defense-Wide’’, not

less than $8,000,000 shall be made available only

for the mitigation of environmental impacts, including training and technical assistance to

tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for

prioritization of mitigation, on Indian lands resulting from Department of Defense activities.

SEC. 8073. Notwithstanding any other provision of law, funds appropriated in this Act for
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the High Performance Computing Modernization Program shall be made available only for

the acquisition and sustainment of operations,

including maintenance of the supercomputing

and related networking capability at (1) the

DOD Science and Technology sites under the

cognizance of the DDR&E, (2) the DOD Test

and Evaluation centers under the Director, Test

and Evaluation, OUSD (A&T), and (3) the Ballistic Missile Defense Organization: Provided,

That the contracts, contract modifications, or

contract options are awarded upon the requirements of the users.

SEC. 8074. Amounts collected for the use of the

facilities of the National Science Center for

Communications and Electronics during the current fiscal year pursuant to section 1459(g) of

the Department of Defense Authorization Act,

1986 and deposited to the special account established under subsection 1459(g)(2) of that Act

are appropriated and shall be available until expended for the operation and maintenance of

the Center as provided for in subsection

1459(g)(2).

SEC. 8075. To the extent authorized in law, the

Secretary of Defense shall issue loan guarantees

in support of U.S. defense exports not otherwise

provided for: Provided, That the total contingent liability of the United States for guarantees

issued under the authority of this section may

not exceed $15,000,000,000: Provided further,

That the exposure fees charged and collected by

the Secretary for each guarantee, shall be paid

by the country involved and shall not be financed as part of a loan guarantee by the

United States: Provided further, That the Secretary shall provide quarterly reports to the

Committees on Appropriations, Armed Services

and Foreign Relations of the Senate and the

Committees of Appropriations, National Security

and International Relations in the House of

Representatives on the implementation of this

program.

SEC. 8076. None of the funds appropriated in

this Act may be used to fill the commander’s position at any military medical facility with a

health care professional unless the prospective

candidate can demonstrate professional administrative skills.

SEC. 8077. (a) None of the funds appropriated

in this Act may be expended by an entity of the

Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the

term ‘‘Buy American Act’’ means title III of the

Act entitled ‘‘An Act making appropriations for

the Treasury and Post Office Departments for

the fiscal year ending June 30, 1934, and for

other purposes’’, approved March 3, 1933 (41

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

(b) If the Secretary of Defense determines that

a person has been convicted of intentionally

affixing a label bearing a ‘‘Made in America’’

inscription to any product sold in or shipped to

the United States that is not made in America,

the Secretary shall determine, in accordance

with section 2410f of title 10, United States Code,

whether the person should be debarred from

contracting with the Department of Defense.

SEC. 8078. None of the funds provided in this

Act may be obligated or expended for the sale of

zinc in the National Defense Stockpile if zinc

commodity prices decline more than five percent

below the London Metals Exchange market

price reported on the date of enactment of this

Act.

SEC. 8079. None of the funds appropriated by

this Act shall be available for a contract for

studies, analyses, or consulting services entered

into without competition on the basis of an unsolicited proposal unless the head of the activity

responsible for the procurement determines—

(1) as a result of thorough technical evaluation, only one source is found fully qualified to

perform the proposed work, or

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

unsolicited proposal which offers significant scientific or technological promise, represents the

product of original thinking, and was submitted

in confidence by one source, or

(3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure

that a new product or idea of a specific concern

is given financial support:

Provided, That this limitation shall not apply to

contracts in an amount of less than $25,000, contracts related to improvements of equipment that

is in development or production, or contracts as

to which a civilian official of the Department of

Defense, who has been confirmed in the Senate,

determines that the award of such contract is in

the interest of the national defense.

SEC. 8080. Funds appropriated by this Act for

intelligence activities are deemed to be specifically authorized by the Congress for purposes of

section 504 of the National Security Act of 1947

(50 U.S.C. 414) during fiscal year 1996 until the

enactment of the Intelligence Authorization Act

for fiscal year 1996.

SEC. 8081. (a) None of the funds made available by this Act may be obligated for design, development, acquisition, or operation of more

than 47 Titan IV expendable launch vehicles, or

for satellite mission-model planning for a Titan

IV requirement beyond 47 vehicles.

(b) $115,226,000 made available in this Act for

Research, Development, Test and Evaluation,

Air Force, may only be obligated for development of a new family of medium-lift and heavylift expendable launch vehicles evolved from existing technologies.

SEC. 8082. None of the funds available to the

Department of Defense in this Act may be used

to establish additional field operating agencies

of any element of the Department during fiscal

year 1996, except for field operating agencies

funded within the National Foreign Intelligence

Program: Provided, That the Secretary of Defense may waive this section by certifying to the

House and Senate Committees on Appropriations that the creation of such field operating

agencies will reduce either the personnel and/or

financial requirements of the Department of Defense.

(RESCISSIONS)

SEC. 8083. Of the funds provided in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts in the specified amounts:

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

$53,654,000;

‘‘Missile Procurement, Air Force, 1994/1996’’,

$16,783,000;

‘‘Weapons Procurement, Navy, 1995/1997’’,

$14,600,000;

‘‘Shipbuilding and Conversion, Navy, 1995/

1999’’, $87,700,000;

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

$8,600,000;

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

$24,000,000;

‘‘Missile Procurement, Air Force, 1995/1997’’,

$140,978,000;

‘‘Other Procurement, Air Force, 1995/1997’’,

$180,000,000;

‘‘Research, Development, Test and Evaluation, Army, 1995/1996’’, $9,000,000;

‘‘Research, Development, Test and Evaluation, Navy, 1995/1996’’, $6,000,000;

‘‘Research, Development, Test and Evaluation, Air Force, 1995/1996’’, $7,902,000;

‘‘Research, Development, Test and Evaluation, Defense-Wide, 1995/1996’’, $12,000,000.

SEC. 8084. Notwithstanding any other provision of law, for resident classes entering the war

colleges after September 30, 1996, the Department of Defense shall require that not less than

20 percent of the total of United States military

students at each war college shall be from military departments other than the hosting military department: Provided, That each military

department will recognize the attendance at a

sister military department war college as the

equivalent of attendance at it own war college

for promotion and advancement of personnel.

SEC. 8085. None of the funds in this or any

other Act may be used to implement the plan to

reorganize the regional headquarters and basic

camps structure of the Reserve Officer Training

Corps program of the Army until the Comptroller General of the United States has certified

to the congressional defense committees that the

methodology and evaluation of the potential

sites were consistent with the established criteria for the consolidation, that all data used by

the Army in the evaluation was accurate and

complete, and that the conclusions reached are

based upon the total costs of the Army’s final

plan to establish the Eastern Reserve Officer

Training Corps Headquarters at Fort Benning,

Georgia: Provided, That all cost, including Military Construction, shall be considered as well as

an analysis of the impact of the consolidation

on the surrounding communities for all affected

installations.

SEC. 8086. None of the funds provided in this

Act may be obligated for payment on new contracts on which allowable costs charged to the

government include payments for individual

compensation at a rate in excess of $200,000 per

year after July 1, 1996, unless the Office of Federal Procurement Policy establishes in the Federal Acquisition Regulations guidance governing

the allowability of individual compensation.

SEC. 8087. None of the funds available in this

Act may be used to reduce the authorized positions for military (civilian) technicians of the

Army National Guard, the Air National Guard,

Army Reserve and Air Force Reserve for the

purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless

such reductions are a direct result of a reduction in military force structure.

SEC. 8088. None of the funds appropriated or

otherwise made available in this Act may be obligated or expended for assistance to the Democratic People’s Republic of North Korea unless

specifically appropriated for that purpose.

SEC. 8089. During the current fiscal year,

funds appropriated in this Act are available to

compensate members of the National Guard for

duty performed pursuant to a plan submitted by

a Governor of a State and approved by the Secretary of Defense under section 112 of title 32,

United States Code: Provided, That during the

performance of such duty, the members of the

National Guard shall be under State command

and control: Provided further, That such duty

shall be treated as full-time National Guard

duty for purposes of section 12602 (a)(2) and

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

SEC. 8090. Funds appropriated in this Act for

operation and maintenance of the Military Departments, Unified and Specified Commands

and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred

against appropriations for the National Guard

and Reserve when members of the National

Guard and Reserve provide intelligence support

to Unified Commands, Defense Agencies and

Joint Intelligence Activities, including the activities and programs included within the General Defense Intelligence Program and the Consolidated Cryptologic Program: Provided, That

nothing in this section authorizes deviation

from established Reserve and National Guard

personnel and training procedures.

SEC. 8091. During the current fiscal year, none

of the funds appropriated in this Act may be

used to reduce the civilian medical and medical

support personnel assigned to military treatment

facilities below the September 30, 1995 level.

(TRANSFER OF FUNDS)

SEC. 8092. Upon enactment of this Act, the

Secretary of Defense shall make the following

transfers of funds: Provided, That the amounts

transferred shall be available for the same purposes as the appropriations to which transferred, and for the same time period as the appropriation from which transferred: Provided

further, That the amounts shall be transferred

between the following appropriations in the

amount specified:
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1995 T123.14

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1986/1990’’:

SSN–688 attack submarine program, $5,051,000;

CG–47 cruiser program, $2,500,000;

BB battleship reactivation, $4,400,000;

T–AGOS SURTASS ship program, $2,135,000;

LCAC landing craft air cushion program,

$700,000;

For craft, outfitting, post delivery, and cost

growth, $12,360,000;

Weapons Procurement, Navy, 1994/1996,

$30,900,000;

Other Procurement, Navy, 1994/1996,

$4,200,000;

Other Procurement, Navy, 1995/1997,

$5,000,000;

Aircraft Procurement, Navy, 1994/1996,

$2,056,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1986/1990’’:

MSH coastal mine hunter program,

$69,302,000;

From:

Weapons Procurement, Navy, 1994/1996,

$5,500,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1987/1991’’:

AOE combat support ship program, $5,500,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1988/1992’’:

SSN–688 attack submarine program, $1,500,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1988/1992’’:

T–ACS auxiliary crane ship program,

$1,500,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1989/1993’’:

SSN–688 attack submarine program,

$23,535,000;

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

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

Other Procurement, Navy, 1995/1997,

$3,500,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1989/1993’’:

SSN–21 attack submarine program, $65,886,000;

MHC coastal mine hunter program,

$30,318,000;

AOE combat support ship program, $3,500,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1990/1994’’:

SSN–688 attack submarine program, $1,907,000;

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

For craft, outfitting and post delivery,

$3,900,000;

Aircraft Procurement, Navy, 1994/1996,

$17,944,000;

Procurement of Ammunition, Navy and Marine Corps, 1995/1997, $5,116,000;

Weapons Procurement, Navy, 1995/1997,

$2,000,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1990/1994’’:

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

T–AGOS surveillance ship program,

$42,000,000;

AOE combat support ship program, $2,000,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1991/1995’’:

SSN–21 attack submarine program, $18,330,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1991/1995’’:

LHD–1 amphibious assault ship program,

$6,178,000;

MHC coastal mine hunter program,

$12,152,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1992/1996’’:

DDG–51 destroyer program, $5,315,000;

For craft, outfitting, post delivery, and DBOF

transfer, $9,675,000;

For escalation, $3,347,000;

Weapons Procurement, Navy, 1995/1997,

$7,500,000;

Procurement, Marine Corps, 1995/1997,

$378,000;

Other Procurement, Navy, 1995/1997, $355,000;

Aircraft Procurement, Navy, 1995/1997,

$3,600,000;

Research, Development, Test and Evaluation,

Navy, 1995/1996, $5,600,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1992/1996’’:

MHC coastal mine hunter program,

$35,770,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1993/1997’’:

LSD–41 cargo variant ship program,

$1,600,000;

For craft, outfitting, post delivery, and first

destination transportation, and inflation adjustments, $5,627,000;

Procurement of Ammunition, Navy and Marine Corps, 1995/1997, $1,784,000;

Other Procurement, Navy, 1995/1997, $645,000;

Weapons Procurement, Navy, 1994/1996,

$1,963,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1993/1997’’:

DDG–51 destroyer program, $7,356,000;

AOE combat support ship program, $2,300,000;

MHC coastal mine hunter program, $1,963,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1994/1998’’:

MCS(C) program, $4,819,000;

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1995/1999’’:

Nuclear submarine main steam condensor industrial base, $900,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy, 1994/1998’’:

LHD program, $5,719,000.

SEC. 8093. The Department shall include, in

the operation of TRICARE Regions 7/8, a region-wide wraparound care package that requires providers of residential treatment services

to share financial risk through case rate reimbursement, to include planning and individualized wraparound services to prevent recidivism.

SEC. 8094. All refunds or other amounts collected in the administration of the Civilian

Health and Medical Program of the Uniformed

Service (CHAMPUS) shall be credited to current

year appropriations.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8095. None of the funds appropriated in

the Act may be transferred to or obligated from

the Pentagon Reservation Maintenance Revolving Fund, unless the Secretary of Defense certifies that the total cost for the planning design,

construction and installation of equipment for

the renovation of the Pentagon Reservation will

not exceed $1,218,000,000.

SEC. 8096. (a) None of the funds available to

the Department of Defense for any fiscal year

for drug interdiction or counter-drug activities

may be transferred to any other department or

agency of the United States except as specifically provided in an appropriations law.

(b) None of the funds available to the Central

Intelligence Agency for any fiscal year for drug

interdiction and counter-drug activities may be

transferred to any other department or agency

of the United States except as specifically provided in an appropriations law.

(TRANSFER OF FUNDS)

SEC. 8097. Appropriations available in this Act

under the heading ‘‘Operation and Maintenance, Defense-Wide’’ for increasing energy and

water efficiency in Federal buildings may, during their period of availability, be transferred to

other appropriations or funds of the Department

of Defense for projects related to increasing energy and water efficiency, to be merged with

and to be available for the same general purposes, and for the same time period, as the appropriation or fund to which transferred.

SEC. 8098. Funds in the amount of $61,300,000

received during fiscal year 1996 by the Department of the Air Force pursuant to the ‘‘Memorandum of Agreement between the National Aeronautics and Space Administration and the

United States Air Force on Titan IV/Centaur

Launch Support for the Cassini Mission,’’

signed September 8, 1994, and September 23,

1994, and Attachments, A, B and C to the

Memorandum, shall be merged with appropriations available for research, development, test

and evaluation and procurement for fiscal year

1996, and shall be available for the same time

period as the appropriation with which merged,

and shall be available for obligation only for

those Titan IV vehicles and Titan IV-related activities under contract as of the date of enactment of this Act, as well as on the follow-on

launch services and program sustaining support

contract to be awarded in fiscal year 1996.

SEC. 8099. None of the funds appropriated by

this Act may be used for the procurement of ball

and roller bearings other than those produced

by a domestic source and of domestic origin:

Provided, That the Secretary of the military department responsible for such procurement may

waive this restriction on a case-by-case basis by

certifying in writing to the Committee on Appropriations of the House of Representatives and

the Senate, that adequate domestic supplies are

not available to meet Department of Defense requirements on a timely basis and that such an

acquisition must be made in order to acquire capability for national security purposes.

SEC. 8100. Not less than 30 percent of the total

inventory, or 60,000 pounds, of the pentaborane

currently stored in non-defective containers at

Edwards Air Force Base, California, will be retained until the Secretary of Energy certified to

the House and Senate Committees on Appropriations that the Secretary does not intend to use

the pentaborane at the Idaho National Engineering Laboratory for: (a) a source of raw material for environmental remediation of high

level, liquid radioactive waste, or (b) as a source

of raw material for boron drug for the Boron

Neutron Capture Therapy or other medical or

industrial applications: Provided, That the Secretary of the Air Force is authorized to dispose

of any materials that pose a significant health

or safety hazard.

SEC. 8101. The total amount appropriated in

title II, III, and IV of this Act is hereby reduced

by $30,000,000 for savings through improved

management of contractor automatic data processing costs charged through indirect rates on

Department of Defense acquisition contracts.

SEC. 8102. (a) Not later than October 1, 1995,

the Secretary of Defense shall require that each

disbursement of the Department of Defense in

an amount in excess of $5,000,000 be matched to

a particular obligation before the disbursement

is made.

(b) The Secretary shall ensure that a disbursement in excess of the threshold amount applicable under subsection (a) is not divided into multiple disbursements of less than that amount for

the purpose of avoiding the applicability of such

subsection to that disbursement.

(c) The Secretary of Defense may waive a requirement for advance matching of a disbursement of the Department of Defense with a particular obligation in the case of (1) a disbursement involving deployed forces, (2) a disbursement for an operation in a war declared by Congress or a national emergency declared by the

President or Congress, or (3) a disbursement

under any other circumstances for which the

waiver is necessary in the national security interests of the United States, as determined by
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T123.14 SEPTEMBER 29

the Secretary and certified by the Secretary to

the congressional defense committees.

(d) This section shall not be construed to limit

the authority of the Secretary of Defense to require that a disbursement not in excess of the

amount applicable under subsection (a) be

matched to a particular obligation before the

disbursement is made.

SEC. 8103. None of the funds in this Act may

be used to purchase any supercomputer which is

not manufactured in the United States, unless

the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability

for national security purposes that is not available from United States manufacturers.

SEC. 8104. None of the funds appropriated in

this Act to the Department of the Army may be

obligated for procurement of 120mm mortars or

120mm mortar ammunition manufactured outside of the United States: Provided, That the

Secretary of the military department responsible

for such procurement may waive this restriction

on a case-by-case basis by certifying in writing

to the Committees on Appropriations of the

House of Representatives and the Senate, that

adequate domestic supplies are not available to

meet Department of Defense requirements on a

timely basis and that such an acquisition must

be made in order to acquire capability for national security purposes.

SEC. 8105. The Department of Defense shall release all funds appropriated and available for

the HAVE GAZE program to the Department of

the Air Force for obligation under existing contractual arrangements.

SEC. 8106. None of the funds available to the

Department of Defense during fiscal year 1996

may be obligated or expended to support or finance the activities of the Defense Policy Advisory Committee on Trade.

SEC. 8107. Notwithstanding any other provision of law, (a) funds available to the Navy in

the Operation and Maintenance appropriation

for refueling overhauls and defueling inactivations of nuclear-powered warships are available

to transport the shipments of naval spent nuclear fuel to the Idaho National Engineering

Laboratory needed for examination and storage

to avoid threats to the national security; and (b)

the Secretary of the Navy is hereby authorized

to immediately commence and accomplish such

transportation: Provided, That the Secretary of

Defense shall make the determination as to

what shipments are required for that purpose

and shall ensure that the shipments are made in

accordance with the practices and requirements

applied to previous container shipments of

naval spent fuel to the Idaho National Engineering Laboratory: Provided further, That the

authority in this section shall expire on September 30, 1996 or upon the vacation or stay of

the current or any subsequent injunction issued

by the United States District Court for the District of Idaho which enjoins such shipments,

whichever occurs first: Provided further, That

the authority in this section may not be used

unless the Secretary of Defense certifies in writing to the congressional defense committees that

a good-faith agreement between the State of

Idaho and the United States Government was

attempted but could not be reached concerning

interim shipments of spent nuclear fuel enjoined

by any such injunction based on national security reasons.

SEC. 8108. None of the funds appropriated by

this Act shall be available to lease or charter a

vessel in excess of seventeen months (inclusive

of any option periods) to transport fuel or oil for

the Department of Defense if the vessel was constructed after October 1, 1995 unless the Secretary of Defense requires that the vessel be constructed in the United States with a double hull

under the long-term lease or charter authority

provided in section 2401 note of title 10 United

States Code: Provided, That this limitation shall

not apply to contracts in force on the date of

enactment of this Act: Provided further, That by

1997 at least 20 percent of new annual leases

and charters must be for ships of double hull design constructed after October 1, 1995 if available in numbers sufficient to satisfy this requirement: Provided further, That the Military Sealift Command shall plan to achieve the goal of

eliminating single hull ship leases by the year

2015.

SEC. 8109. None of the funds appropriated or

made available in this Act to the Department of

the Navy shall be used to develop or procure

main propulsion engines for the LPD–17 class of

ships unless such equipment is powered by a

diesel engine manufactured in the United States

by a domestically operated entity: Provided,

That the Secretary of Defense may waive this

restriction on a case-by-case basis by certifying

in writing to the Committees on Appropriations

of the House of Representatives and the Senate

that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes or there exists a significant cost or quality difference.

SEC. 8110. None of the funds appropriated or

made available in this Act to the Department of

the Navy shall be used to develop or procure an

emergency generator set for the New Attack

Submarine unless such equipment is powered by

a diesel engine manufactured in the United

States by a domestically operated entity: Provided, That the Secretary of Defense may waive

this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and

the Senate that adequate domestic supplies are

not available to meet Department of Defense requirements on a timely basis and that such an

acquisition must be made in order to acquire capability for national security purposes or there

exists a significant cost or quality difference.

SEC. 8111. None of the funds in this Act may

be used to transport military personnel into Edwards Air Force Base for training rotations at

the National Training Center after April 15,

1996: Provided, That the Department of Defense

shall comply with the recommendations of the

fiscal year 1996 Military Construction bill as it

pertains to the interim and permanent National

Training Center Airhead.

SEC. 8112. The Secretary of Defense and the

Secretary of the Army shall reconsider the decision not to include the infantry military occupational specialty among the military skills and

specialties for which special pays are provided

under the Selected Reserve Incentive Program.

SEC. 8113. (a) The Secretary of Defense shall

submit, on a quarterly basis, a report to the congressional defense committees, the Committee on

International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate setting forth all costs (including incremental costs) incurred by the Department of Defense during the preceding quarter in implementing or supporting resolutions of

the United Nations Security Council, including

any such resolution calling for international

sanctions, international peacekeeping operations, and humanitarian missions undertaken

by the Department of Defense. The quarterly report shall include an aggregate of all such Department of Defense costs by operation or mission.

(b) The Secretary of Defense shall detail in

the quarterly reports all efforts made to seek

credit against past United Nations expenditures

and all efforts made to seek compensation from

the United Nations for costs incurred by the Department of Defense in implementing and supporting United Nations activities.

SEC. 8114. (a) LIMITATION.—Of the funds

available under title II under the heading

‘‘FORMER SOVIET UNION THREAT REDUCTION’’

for dismantlement and destruction of chemical

weapons, not more than $52,000,000 may be obligated or expended for that purpose until the

President certifies to Congress the following:

(1) That the United States and Russia have

completed a joint laboratory study evaluating

the proposal of Russia to neutralize its chemical

weapons and the United States agrees with the

proposal.

(2) That Russia is in the process of preparing,

with the assistance of the United States as necessary, a comprehensive plan to manage the dismantlement and destruction of the Russia chemical weapons stockpile.

(3) That the United States and Russia are

committed to resolving outstanding issues under

the 1989 Wyoming Memorandum of Understanding and the 1990 Bilateral Destruction

Agreement.

(b) DEFINITIONS.—In this section:

(1) The term ‘‘1989 Wyoming Memorandum of

Understanding’’ means the Memorandum of Understanding between the Government of the

United States of America and the Government of

the Union of Soviet Socialist Republics Regarding a Bilateral Verification Experiment and

Data Exchange Related to Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on September 23, 1989.

(2) The term ‘‘1990 Bilateral Destruction

Agreement’’ means the Agreement between the

United States of America and the Union of Soviet Socialist Republics on destruction and nonproduction of chemical weapons and on measures to facilitate the multilateral convention on

banning chemical weapons signed on June 1,

1990.

SEC. 8115. (a) INTERNATIONAL PEACEKEEPING,

PEACE ENFORCEMENT, AND HUMANITARIAN ASSISTANCE OPERATIONS.—It is the sense of Congress that in the event of a deployment or participation of United States Armed Forces units

in any international peacekeeping, peace enforcement, and humanitarian assistance operation, the President must engage in consultations with the bipartisan leadership of Congress

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

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

applies to the following:

(A) Any international peacekeeping or peaceenforcement operation that is not underway as

of the date of the enactment of this Act and that

is authorized by the Security Council of the

United Nations under chapter VI or VII of the

Charter of the United Nations.

(B) Any other international peacekeeping or

peace-enforcement operation that is not underway as of the date of the enactment of this Act.

(C) Any deployment after the date of the enactment of this Act of United States ground

forces in the territory of the former Yugoslavia

above the level of such forces so deployed as of

such date of enactment, other than a deployment involving fewer than 100 personnel.

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

international humanitarian assistance operation.

(2) This section does not apply with respect

to—

(A) an international humanitarian assistance

operation carried out in response to a disaster;

or

(B) any other international humanitarian assistance operation if the President reports to

Congress that the estimated cost of such operation is less than $50,000,000.

(c) CONSULTATION WITH CONGRESS.—(1) Consultations under subsection (a) in the case of

any operation shall be initiated before the initial deployment of United States Armed Forces

units to participate in the operation and, whenever possible, at least 15 days before such deployment. However, if the President determines

that the national security so requires, the President may delay the initiation of such consultations until after such initial deployment, but in

no case may such consultations be initiated

later than 48 hours after such deployment.

(2) Such consultations shall include discussion of all of the following:

(A) The goals of the operation and the mission

of any United States Armed Forces units involved in the operation.
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1995 T123.14

(B) The United States interests that will be

served by the operation.

(C) The estimated cost of the operation.

(D) The strategy by which the President proposes to fund the operation, including possible

supplemental appropriations or payments from

international organizations, foreign countries,

or other donors.

(E) The extent of involvement of armed forces

and other contributions of personnel from other

nations.

(F) The anticipated duration and scope of the

operation.

(3) Such consultations shall continue on a

periodic basis throughout the period of the deployment.

(d) REQUESTS FOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS.—Whenever there is a

deployment of United States Armed Forces to

perform an international humanitarian, peacekeeping, or peace-enforcement operation, the

President should seek emergency supplemental

appropriations to meet the incremental costs to

the Department of Defense of that deployment

not later than 90 days after the date on which

such deployment commences.

(e) COMMITTEES TO BE INCLUDED IN CONSULTATIONS.—The committees referred to in subsection (a) are the following:

(1) The congressional defense committees.

(2) The Committee on Foreign Relations of the

Senate and the Committee on International Relations of the House of Representatives.

(3) The Select Committee on Intelligence of the

Senate and the Permanent Select Committee on

Intelligence of the House of Representatives.

SEC. 8116. (a) FINDINGS.—The Senate makes

the following findings:

(1) The President of France stated on June 13,

1995, that the Republic of France plans to conduct eight nuclear test explosions over the next

several months.

(2) The People’s Republic of China continues

to conduct underground nuclear weapons tests.

(3) The United States, France, Russia, and

Great Britain have observed a moratorium on

nuclear testing since 1992.

(4) A resumption of testing by the Republic of

France could result in the disintegration of the

current testing moratorium and a renewal of

underground testing by other nuclear weapon

states.

(5) A resumption of nuclear testing by the Republic of France raises serious environmental

and health concerns.

(6) The United Nations Conference on Disarmament presently is meeting in Geneva, Switzerland, for the purpose of negotiating a Comprehensive Nuclear Test Ban Treaty (CTBT),

which would halt permanently the practice of

conducting nuclear test explosions.

(7) Continued underground weapons testing

by the Republic of France and the People’s Republic of China undermines the efforts of the

international community to conclude a CTBT by

1996, a goal endorsed by 175 nations, at the recently completed NPT Extension and Review

Conference (the conference for the extension

and review of the Nuclear Non-Proliferation

Treaty).

(b) SENSE OF THE SENATE.—It is the sense of

the Senate that the Republic of France and the

People’s Republic of China should abide by the

current international moratorium on nuclear

test explosions and refrain from conducting underground nuclear tests in advance of a Comprehensive Test Ban Treaty.

SEC. 8117. (a) LIMITATION ON TRANSFER OF

DEFENSE ARTICLES AND SERVICES.—Notwithstanding any other provision of law, none of the

funds available to the Department of Defense

for the current fiscal year may be obligated or

expended to transfer to another nation or an

international organization any defense articles

or services (other than intelligence services) for

use in the activities described in subsection (b)

unless the congressional defense committees,

and the Committee on International Relations of

the House of Representatives and the Committee

on Foreign Relations of the Senate are notified

15 days in advance of such transfer.

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

(A) any international peacekeeping or peaceenforcement operation under the authority of

chapter VI or chapter VII of the United Nations

Charter under the authority of a United Nations

Security Council resolution; and

(B) any other international peacekeeping

peace-enforcement, humantarian, or disaster relief operation.

(c) REQUIRED NOTICE.—A notice under subsection (a) shall include the following:

(1) A description of the equipment, supplies,

or services to be transferred.

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

supplies, or services to be transferred.

(3) In the case of a proposed transfer of equipment or supplies—

(A) a statement of whether the inventory requirements of all elements of the Armed Forces

(including the reserve components) for the type

of equipment or supplies to be transferred have

been met; and

(B) a statement of whether the items proposed

to be transferred will have to be replaced and,

if so, how the President proposes to provide

funds for such replacement.

SEC. 8118. None of the funds available to the

Department of Defense shall be obligated or expended to make a financial contribution to the

United Nations for the cost of any United Nations peacekeeping activity (whether pursuant

to assessment or a voluntary contribution) or for

payment of any United States arrearage to the

United Nations.

SEC. 8119. None of the funds made available in

this Act may be used to administer any policy

that permits the performance of abortions at

medical treatment or other facilities of the Department of Defense, except when it is made

known to the Federal official having authority

to obligate or expend such funds that the life of

the mother would be endangered if the fetus

were carried to term: Provided, That the provisions of this section shall enter into force if specifically authorized in the National Defense Authorization Act for Fiscal Year 1996.

SEC. 8120. None of the funds made available in

this Act under the heading ‘‘Procurement of

Ammunition, Army’’ may be obligated or expended for the procurement of munitions unless

such acquisition fully complies with the Competition in Contracting Act.

SEC. 8121. None of the funds in this Act may

be used to implement any change to the computation of military retired pay as required by

law in fiscal year 1995 for military personnel

who entered the Service before September 8,

1980.

SEC. 8122. None of the funds available to the

Department of Defense under this Act shall be

obligated or expended to pay a contractor under

a contract with the Department of Defense for

costs of any amount paid by the contractor to

an employee when it is made known to the Federal official having authority to obligate or expend such funds that—

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

excess of the normal salary paid by the contractor to the employee; and

(2) such bonus is part of restructuring costs

associated with a business combination.

SEC. 8123. None of the funds provided in title

II of this Act for ‘‘FORMER SOVIET UNION

THREAT REDUCTION’’ may be obligated or expended to finance housing for any individual

when it is made known to the Federal official

having authority to obligation or expend such

funds that such individual was a member of the

military forces of the Soviet Union or that such

individual is or was a member of the military

forces of the Russian Federation.

SEC. 8124. It is the sense of Congress that none

of the funds available to the Department of Defense shall be obligated or expended for the deployment or participation of United States

Armed Forces in any peacekeeping operation in

Bosnia-Herzegovina, unless such deployment or

participation is specifically authorized by a law

enacted after the date of enactment of this Act:

Provided, That this section shall not apply to

operations of the nature and extent conducted

by United States Armed Forces in BosniaHerzegovina during fiscal year 1995, emergency

air rescue operations, the airborne delivery of

humanitarian supplies, or the planning and execution of OPLAN 40104 or similar operations to

extract UNPROFOR personnel.

SEC. 8125. Notwithstanding any other provision in this Act, the total amount appropriated

in this Act is hereby reduced by $832,000,000 to

reflect savings from revised economic assumptions, to be distributed as follows:

Operation and Maintenance, Army,

$54,000,000;

Operation and Maintenance, Navy,

$80,000,000;

Operation and Maintenance, Marine Corps,

$9,000,000;

Operation and Maintenance, Air Force,

$51,000,000;

Operation and Maintenance, Defense-Wide,

$36,000,000;

Operation and Maintenance, Army Reserve,

$4,000,000;

Operation and Maintenance, Navy Reserve,

$4,000,000;

Operation and Maintenance, Marine Corps

Reserve, $1,000,000;

Operation and Maintenance, Air Force Reserve, $3,000,000;

Operation and Maintenance, Army National

Guard, $7,000,000;

Operation and Maintenance, Air National

Guard, $7,000,000;

Drug Interdiction and Counter-Drug Activities, Defense, $5,000,000;

Environmental Restoration, Defense,

$11,000,000;

Overseas Humanitarian, Disaster, and Civic

Aid, $1,000,000;

Former Soviet Union Threat Reduction,

$2,000,000;

Defense Health Program, $51,000,000;

Aircraft Procurement, Army, $9,000,000;

Missile Procurement, Army, $5,000,000;

Procurement of Weapons and Tracked Combat

Vehicles, Army, $10,000,000;

Procurement of Ammunition, Army, $6,000,000;

Other Procurement, Army, $17,000,000;

Aircraft Procurement, Navy, $29,000,000;

Weapons Procurement, Navy, $13,000,000;

Shipbuilding and Conversion, Navy,

$42,000,000;

Other Procurement, Navy, $18,000,000;

Procurement, Marine Corps, $4,000,000;

Aircraft Procurement, Air Force, $50,000,000;

Missile Procurement, Air Force, $29,000,000;

Other Procurement, Air Force, $45,000,000;

Procurement, Defense-Wide, $16,000,000;

Chemical Agents and Munitions Destruction,

Defense, $5,000,000;

Research, Development, Test and Evaluation,

Army, $20,000,000;

Research, Development, Test and Evaluation,

Navy, $50,000,000;

Research, Development, Test and Evaluation,

Air Force, $79,000,000;

Research, Development, Test and Evaluation,

Defense-Wide, $57,000,000; and

Developmental Test and Evaluation, Defense,

$2,000,000: Provided, That these reductions shall

be applied proportionally to each budget activity, activity group and subactivity group and

each program, project, and activity within each

appropriation account.

SEC. 8126. Notwithstanding any other provision of law, of the revenue collected by the Defense Business Operations Fund, $117,000,000

shall be made available for obligation and expenditure for termination liability, lease and

operational costs for aircraft to accomplish the

VC–137 aircraft mission; Provided, That the

funds made available pursuant to this section

shall remain available until expended.

SEC. 8127. Funds appropriated by this and future Acts under the heading ‘‘Missile Procure-
JOURNAL OF THE

1488

T123.15 SEPTEMBER 29

ment, Air Force’’ may be obligated for payment

of satellite on-orbit incentives in the fiscal year

in which an incentive payment is earned: Provided, That any obligation made pursuant to

this section may not be entered into until 30 calendar days in session after the congressional defense committees have been notified that an onorbit incentive payment has been earned.

SEC. 8128. (a) Not more than a total of

$11,000,000 of the funds appropriated under the

heading ‘‘Research, Development, Test and

Evaluation, Army’’, in title IV of Public Law

103–335, and in title IV of this Act, may be made

available for support of a NATO Alliance

Ground Surveillance (AGS) program based on

the Joint Surveillance/Target Attack Radar System (JSTARS).

(b) Not more than a total of $6,450,000 of the

funds appropriated under the heading ‘‘Research, Development, Test and Evaluation, Air

Force’’, in title IV of Public Law 103–335, and in

title IV of this Act, may be made available for

support of a NATO Alliance Ground Surveillance (AGS) program based on JSTARS.

SEC. 8129. (a) In addition to any other reductions required by this Act, the following funds

are hereby reduced from the following accounts

in title IV of this Act in the specified amounts:

‘‘Research, Development, Test and Evaluation, Army’’, $47,852,000;

‘‘Research, Development, Test and Evaluation, Navy’’, $85,947,000;

‘‘Research, Development, Test and Evaluation, Air Force’’, $128,958,000; and

‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $62,243,000.

(b) The reductions taken pursuant to subsection (a) shall be applied on a pro-rata basis

by subproject within each R–1 program element

as modified by this Act, except that no reduction

may be taken against the funds made available

to the Department of Defense for Ballistic Missile Defense.

This Act may be cited as the ‘‘Department of

Defense Appropriations Act, 1996’’.

And the Senate agree to the same.

BILL YOUNG,

JOSEPH M. MCDADE,

BOB LIVINGSTON,

JERRY LEWIS,

JOE SKEEN,

DAVID L. HOBSON,

HENRY BONILLA,

GEORGE R. NETHERCUTT,

Jr.,

MARK W. NEUMANN (except

to the agreement

regarding U.S.

deployment in Bosnia),

JOHN P. MURTHA,

NORMAN D. DICKS,

CHARLES WILSON,

W.G. (BILL) HEFNER,

MARTIN OLAV SABO,

Managers on the Part of the House.

TED STEVENS,

THAD COCHRAN,

ARLEN SPECTER,

PETE V. DOMENICI,

PHIL GRAMM,

KIT BOND,

MITCH MCCONNELL,

CONNIE MACK,

RICHARD C. SHELBY,

MARK O. HATFIELD,

DANIEL K. INOUYE,

FRITZ HOLLINGS,

J. BENNETT JOHNSTON,

ROBERT C. BYRD,

PATRICK J. LEAHY,

Managers on the Part of the Senate.

Pending consideration of the conference report,

On demand of Mr. OBEY, pursuant to

clause 2, rule XXVIII,

Ordered, That time for debate be

equally divided among Messrs. YOUNG

of Florida, MURTHA, and OBEY.

When said conference report was considered.

After debate,

T123.15 CALL OF THE HOUSE

On motion of Mr. YOUNG of Florida,

a call of the House was ordered.

The call was taken by electronic device, and the following-named Members

responded—

T123.16 [Roll No. 698]

Abercrombie

Allard

Andrews

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Bateman

Becerra

Beilenson

Bentsen

Bereuter

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Borski

Boucher

Brewster

Browder

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (MI)

Combest

Condit

Conyers

Cooley

Costello

Cox

Coyne

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeFazio

DeLauro

Diaz-Balart

Dickey

Dicks

Dingell

Dixon

Doggett

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Eshoo

Evans

Everett

Ewing

Farr

Fattah

Fawell

Fazio

Fields (TX)

Filner

Flake

Flanagan

Foglietta

Foley

Forbes

Ford

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Furse

Gallegly

Ganske

Gejdenson

Gekas

Gephardt

Geren

Gilchrest

Gillmor

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hall (TX)

Hancock

Hansen

Harman

Hastert

Hastings (FL)

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnson, Sam

Johnston

Jones

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

Kleczka

Klink

Klug

Knollenberg

Kolbe

LaFalce

LaHood

Lantos

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (GA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

LoBiondo

Lofgren

Longley

Lowey

Lucas

Luther

Maloney

Manton

Manzullo

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McCrery

McDade

McDermott

McHale

McInnis

McIntosh

McKeon

McKinney

McNulty

Meehan

Meek

Menendez

Metcalf

Meyers

Mfume

Mica

Miller (CA)

Miller (FL)

Mineta

Minge

Mink

Molinari

Mollohan

Montgomery

Moorhead

Moran

Morella

Murtha

Myers

Myrick

Nadler

Neal

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Obey

Olver

Ortiz

Orton

Oxley

Packard

Pallone

Parker

Pastor

Paxon

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Peterson (MN)

Petri

Pickett

Pombo

Pomeroy

Portman

Poshard

Pryce

Quinn

Radanovich

Rahall

Ramstad

Rangel

Reed

Regula

Richardson

Riggs

Rivers

Roberts

Roemer

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Roybal-Allard

Royce

Rush

Sabo

Salmon

Sanders

Sanford

Sawyer

Saxton

Scarborough

Schaefer

Schiff

Schroeder

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shadegg

Shaw

Shays

Shuster

Sisisky

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stenholm

Stockman

Stokes

Studds

Stump

Stupak

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Thomas

Thornberry

Thornton

Thurman

Tiahrt

Torkildsen

Torres

Torricelli

Towns

Traficant

Upton

Velazquez

Vento

Visclosky

Volkmer

Vucanovich

Waldholtz

Walsh

Wamp

Ward

Waters

Watt (NC)

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Williams

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (AK)

Young (FL)

Zeliff

Zimmer

Thereupon, the SPEAKER pro tempore, Mr. BUNNING, announced that

403 Members had been recorded, a

quorum.

After further debate,

By unanimous consent, the previous

queston was ordered on the conference

report to its adoption or rejection.

Mr. OBEY moved to recommit the

conference report on H.R. 2126 to the

committee of conference with instructions to include in the conference report the following modification to section 8108 of the House bill;

None of the funds available to the

Department of Defense under this Act

shall be obligated or expended to pay a

contractor under a contract with the

Department of Defense for costs of any

amount paid by the contractor to an

executive or managerial employee

when it is made known to the Federal

official having authority to obligate or

expend such funds that (1) such costs

are for a bonus or otherwise in excess

of the normal salary paid by the contractor to the employee such as payments under post retirement income

plans, payments of deferred compensation, payments under performance incentive compensation plans, and payments pursuant to termination benefit

agreements; and (2) such costs are part

of restructing costs associated with a

business combination resulting from a

change in control of the employee’s

company.

By unanimous consent, the previous

question was ordered on the motion to

recommit with instructions.