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[104th Congress Public Law 61]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ61.104]

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1996
      

Public Law 104-61
104th Congress

                                 An Act

 
Making appropriations for the Department of Defense for the fiscal year 
   ending September 30, 1996, and for other purposes. <<NOTE: Dec. 1, 
                         1995 -  [H.R. 2126]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,  <<NOTE: Department of 
Defense Appropriations Act, 1996.>> 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; $19,946,187,000.

                        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 $8,326,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes; $18,561,267,000 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 appropriated under this heading, 
$20,000,000 shall be made available only for use in federally owned 
education facilities located on military installations for the purpose 
of transferring title of such facilities to the local education agency: 
Provided further, That of the funds 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 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 
equipment; spare parts, ordnance, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $2,769,443,000, 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;
            DDG-51 destroyer program, $2,169,257,000;
            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; and
            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 stage of ship construction: Provided further, That none of the 
funds herein provided for the construction or conversion of any naval 
vessel to be constructed in shipyards in the United States shall be 
expended in foreign facilities for the construction of major components 
of such vessel: Provided further, That none of the funds herein provided 
shall be used for the construction of any naval vessel in foreign 
shipyards.

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of not to exceed 252 passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and Government 
and contractor-owned equipment layaway; $2,483,581,000, 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 contractor-
owned 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 contractor-owned 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, Government-
owned equipment and installation thereof in such plants, erection of 
structures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon, prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; $6,284,230,000, 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 contractor-
owned 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 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective Reserve or National Guard component.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, as authorized by law; 
$4,870,684,000, 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 Upper-Tier) 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 that 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, <<NOTE: 10 USC 1073 note.>> 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. <<NOTE: Foreign nationals. 10 USC 1584 note.>> During the 
current fiscal year, provisions of law prohibiting the payment of 
compensation to, or employment of, any person not a citizen of the 
United States shall not apply to personnel of the Department of Defense: 
Provided, That salary increases granted to direct and indirect hire 
foreign national employees of the Department of Defense funded by this 
Act shall not be at a rate in excess of the percentage increase 
authorized by law for civilian employees of the Department of Defense 
whose pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, whichever 
is higher: Provided further, That this section shall not apply to 
Department of Defense foreign service national employees serving at 
United States diplomatic missions whose pay is set by the Department of 
State under the Foreign Service Act of 1980: Provided further, That the 
limitations of this provision shall not apply to foreign national 
employees of the Department of Defense in the Republic of Turkey.

    Sec. 8003. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.

    Sec. 8004. No more than 20 per centum of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training of 
the Reserve Officers' Training Corps.

                           (transfer of funds)

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

    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). <<NOTE: Regulations.>> 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. <<NOTE: Contracts.>> 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. <<NOTE: 10 USC 401 note.>> 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. <<NOTE: Reports.>> 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 end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (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. <<NOTE: 10 USC 10101 note.>> 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. <<NOTE: 10 USC 10101 note.>> Notwithstanding any other 
provision of law, during the current fiscal year and hereafter, the 
Secretaries of the Army and Air Force may authorize the retention in an 
active status until age sixty of any person who would otherwise be 
removed from an active status and who is employed as a National Guard or 
Reserve technician in a position in which active status in a reserve 
component of the Army or Air Force is required as a condition of that 
employment.

    Sec. 8018. (a) None of the funds appropriated by this Act shall be 
used to make contributions to the Department of Defense Education 
Benefits Fund pursuant to section 2006(g) of title 10, United States 
Code, representing the normal cost for future benefits under section 
1415(c) of title 38, United States Code, for any member of the armed 
services who, on or after the date of enactment of this Act--
            (1) enlists in the armed services for a period of active 
        duty of less than three years; or
            (2) receives an enlistment bonus under section 308a or 308f 
        of title 37, United States Code,

nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the Treasury 
to the Secretary of Veterans Affairs pursuant to section 2006(d) of 
title 10, United States Code; nor shall the Secretary of Veterans 
Affairs pay such benefits to any such member: Provided, That, in the 
case of a member covered by clause (1), these limitations shall not 
apply to members in combat arms skills or to members who enlist in the 
armed services on or after July 1, 1989, under a program continued or 
established by the Secretary of Defense in fiscal year 1991 to test the 
cost-effective use of special recruiting incentives involving not more 
than nineteen noncombat arms skills approved in advance by the Secretary 
of Defense: Provided further, That this subsection applies only to 
active components of the Army.
    (b) None of the funds appropriated by this Act shall be available 
for the basic pay and allowances of any member of the Army participating 
as a full-time student and receiving benefits paid by the Secretary of 
Veterans Affairs from the Department of Defense Education Benefits Fund 
when time spent as a full-time student is credited toward completion of 
a service commitment: Provided, That this subsection shall not apply to 
those members who have reenlisted with this option prior to October 1, 
1987: Provided further, That this subsection applies only to active 
components of the Army.

    Sec. 8019. <<NOTE: 10 USC 2007 note.>> 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 charges 
of a postsecondary educational institution for the tuition or expenses 
of an officer in the Ready Reserve of the Army National Guard or Army 
Reserve for education or training during his off-duty periods, except 
that no part of the charges may be paid unless the officer agrees to 
remain a member of the Ready Reserve for at least four years after 
completion of such training or education.

    Sec. 8020. None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of enactment of 
this Act, is performed by more than ten Department of Defense civilian 
employees until a most efficient and cost-effective organization 
analysis is completed on such activity or function and certification of 
the analysis is made to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided, That this section shall not 
apply to a commercial or industrial type function of the Department of 
Defense that: (1) is included on the procurement list established 
pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47), 
popularly referred to as the Javits-Wagner-O'Day Act; (2) is planned to 
be converted to performance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for other severely handicapped 
individuals in accordance with that Act; or (3) is planned to be 
converted to performance by a qualified firm under 51 percent Native 
American ownership.

                           (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. <<NOTE: Contracts. Regulations.>> 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-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an annual 
meeting in the United States, under such regulations as the Secretary of 
Defense may prescribe.
    Sec. 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,  <<NOTE: Reports.>> 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. <<NOTE: 10 USC 129a note.>> 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. <<NOTE: American Samoa.>> 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, 
<<NOTE: Native Americans.>> That notwithstanding any other provision of 
law, funds available to the Department of Defense shall be made 
available to provide transportation of medical supplies and equipment, 
on a nonreimbursable basis, to the Indian Health Service when it is in 
conjunction with a civil-military project.

    Sec. 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-by-case 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, or 
                12406 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. <<NOTE: Contracts.>> 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) <<NOTE: Contracts. Handicapped persons.>> 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) <<NOTE: Small business.>> During the current fiscal year, a 
business concern which has negotiated with a military service or defense 
agency a subcontracting plan for the participation by small business 
concerns pursuant to section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) shall be given credit toward meeting that subcontracting goal 
for any purchases made from qualified nonprofit agencies for the blind 
or other severely handicapped.

    (c) For the purpose of this section, the phrase ``qualified 
nonprofit agency for the blind or other severely handicapped'' means a 
nonprofit agency for the blind or other severely handicapped that has 
been approved by the Committee for the Purchase from the Blind and Other 
Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
    Sec. 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. <<NOTE: Kuwait.>> 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 Operation 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 in 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 Transaction Fund during the current fiscal 
year may be obligated or expended to finance any grant or contract to 
conduct research, development, test and evaluation activities for the 
development or production of advanced materials, unless amounts for such 
purposes are specifically appropriated in a subsequent appropriations 
Act.
    Sec. 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. <<NOTE: 41 USC 10b-2.>> (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 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) <<NOTE: Reports.>> 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 1979 (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. <<NOTE: 10 USC 2774 note.>> 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 cancelled 
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. <<NOTE: 10 USC 2488 note.>> 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. <<NOTE: President. 10 USC 221 note.>> 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 unit 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. <<NOTE: Native Americans.>> 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 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, 
<<NOTE: Contracts.>> 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. <<NOTE: Loans.>> To the extent authorized in law, the 
Secretary of Defense shall issue loan guarantees in support of United 
States 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 guaranteed by the United States: 
Provided further,  <<NOTE: Reports.>> 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) <<NOTE: Labeling.>> 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. <<NOTE: Contracts.>> 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 
by 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 heavy-lift 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. <<NOTE: Colleges and universities. 10 USC note prec. 
2161.>> 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 its 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

[[Page 109 STAT. 668]]

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 sections 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

[[Page 109 STAT. 669]]

the appropriations to which transferred, and for the same time period as 
the appropriation from which transferred: Provided further, That the 
amounts shall be transferred between the following appropriations in the 
amount specified:
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1986/1996'':
                          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, 1986/1996'':
                          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, 1987/1996'':
                          AOE combat support ship program, $5,500,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1988/2001'':
                          SSN-688 attack submarine program, $1,500,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1988/2001'':
                          T-ACS auxiliary crane ship program, 
                      $1,500,000;
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1989/2000'':
                          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, 1989/2000'':
                          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, 1990/2002'':
                          SSN-688 attack submarine program, $1,907,000;
                          DDG-51 destroyer program, $22,669,000;

[[Page 109 STAT. 670]]

                          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, 1990/2002'':
                          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, 1991/2001'':
                          SSN-21 attack submarine program, $18,330,000;
            To:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1991/2001'':
                          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'':

[[Page 109 STAT. 671]]

                          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 Services (CHAMPUS) shall be credited to current year 
                             appropriations.

    Sec. 8095. None of the funds appropriated in this 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. <<NOTE: 10 USC 374 note.>> (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) <<NOTE: 50 USC 403f note. (transfer of funds)>> 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.

    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'',

[[Page 109 STAT. 672]]

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 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. 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 certifies 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 drugs 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 titles 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. <<NOTE: 10 USC 113 note.>> (a) Not later than October 1, 
1995, the Secretary of Defense shall require that each disbursement by 
the Department of Defense in an amount in excess of $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 the Secretary and certified by the Secretary to 
the congressional defense committees.

[[Page 109 STAT. 673]]

    (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, within the 
funds available in this Act, the Secretary of the Air Force may enter 
into agrements to modify leases of housing units being constructed if 
deemed to be in the best interest of the Department. The housing units 
shall be assigned, without rental charge, as family housing to members 
of the armed forces who are eligible for assignment to military family 
housing.
    Sec. 8107A. <<NOTE: Termination date.>> Notwithstanding any other 
provision of law, the authorization for the Indiana, Pennsylvania armory 
project set forth in section 2601 of Public Law 102-484 (division B) 
shall remain in effect until September 30, 1997.

    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 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

[[Page 109 STAT. 674]]

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. <<NOTE: Reports.>> (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

[[Page 109 STAT. 675]]

than $52,000,000 may be obligated or expended for that purpose until the 
President certifies to Congress the following:
            (1) That the United States and Russia have completed a joint 
        laboratory study evaluating the proposal of Russia to neutralize 
        its chemical weapons and the United States agrees with the 
        proposal.
            (2) That Russia is in the process of preparing, with the 
        assistance of the United States as necessary, a comprehensive 
        plan to manage the dismantlement and destruction of the Russia 
        chemical weapons stockpile.
            (3) That the United States and Russia are committed to 
        resolving outstanding issues under the 1989 Wyoming Memorandum 
        of Understanding and the 1990 Bilateral Destruction Agreement.

    (b) Definitions.--In this section:
            (1) The term ``1989 Wyoming Memorandum of Understanding'' 
        means the Memorandum of Understanding between the Government of 
        the United States of America and the Government of the Union of 
        Soviet Socialist Republics Regarding a Bilateral Verification 
        Experiment and Data Exchange Related to Prohibition on Chemical 
        Weapons, signed at Jackson Hole, Wyoming, on September 23, 1989.
            (2) The term ``1990 Bilateral Destruction Agreement'' means 
        the Agreement between the United States of America and the Union 
        of Soviet Socialist Republics on destruction and non-production 
        of chemical weapons and on measures to facilitate the 
        multilateral convention on banning chemical weapons signed on 
        June 1, 1990.

    Sec. 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 peace-enforcement 
        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

[[Page 109 STAT. 676]]

            (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.
            (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.

[[Page 109 STAT. 677]]

            (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 peace-enforcement 
        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, 
        or humanitarian assistance 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 an United Nations peacekeeping activity 
(whether pursuant to assessment or a voluntary contribution) or for 
payment of any United States arrearage to the United Nations.

[[Page 109 STAT. 678]]

    Sec. 8119. <<NOTE: Abortion.>> 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.

    Sec. 8119A. The provision of section 8119 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or that the pregnancy is the result of an act of rape or incest.
    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 obligate 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 Bosnia-Herzegovina 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;

[[Page 109 STAT. 679]]

            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 Procurement, 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 commit

[[Page 109 STAT. 680]]

tees have been notified that an on-orbit 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'', 
        $65,062,000;
            ``Research, Development, Test and Evaluation, Navy'', 
        $116,909,000;
            ``Research, Development, Test and Evaluation, Air Force'', 
        $175,386,000; and
            ``Research, Development, Test and Evaluation, Defense-
        Wide'', $84,643,000.

    (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.
    Sec. 8130. Notwithstanding any other provision of law, fixed and 
mobile telecommunications support shall be provided by the White House 
Communications Agency (WHCA) to the United States Secret Service (USSS), 
without reimbursement, in connection with the Secret Service's duties 
directly related to the protection of the President or the Vice 
President or other officer immediately next in order of succession to 
the office of the President at the White House Security Complex in the 
Washington, D.C. Metropolitan Area and Camp David, Maryland. For these 
purposes, the White House Security Complex includes the White House, the 
White House grounds, the Old Executive Office Building, the New 
Executive Office Building, the Blair House, the Treasury Building, and 
the Vice President's Residence at the Naval Observatory.

[[Page 109 STAT. 681]]

    This Act may be cited as the ``Department of Defense Appropriations 
Act, 1996''.

                                <H-dash>

  [Note by the Office of the Federal Register: The foregoing Act, having 
been presented to the President of the United States on Saturday, 
November 18, 1995, and not having been returned by him to the House of 
Congress in which it originated within the time prescribed by the 
Constitution of the United States, has become law without his signature 
on December 1, 1995.]

      

LEGISLATIVE HISTORY--H.R. 2126 (S. 1087):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 104-208 (Comm. on Appropriations) and 104-261 and 
104-344 (both from Comm. of Conference).
SENATE REPORTS: No. 104-124 accompanying S. 1087 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 141 (1995):
            July 31, Sept. 7, considered and passed House.
            Aug. 10, 11, Sept. 5, S. 1087 considered and passed Senate.
            Sept. 8, H.R. 2126 considered and passed Senate, amended, in 
                lieu of S. 1087.
            Sept. 29, House rejected conference report.
            Nov. 16, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
            Nov. 30, Presidential statement.

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