PUBLIC LAW 104–61—DEC. 1, 1995

DEPARTMENT OF DEFENSE APPROPRIATIONS

ACT, 1996
109 STAT. 636 PUBLIC LAW 104–61—DEC. 1, 1995

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.

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

Department of

Defense

Appropriations

Act, 1996.

Dec. 1, 1995

[H.R. 2126]
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 637

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
109 STAT. 638 PUBLIC LAW 104–61—DEC. 1, 1995

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
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 639

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
109 STAT. 640 PUBLIC LAW 104–61—DEC. 1, 1995

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;
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 641

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
109 STAT. 642 PUBLIC LAW 104–61—DEC. 1, 1995

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.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 643

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 contractorowned 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,
109 STAT. 644 PUBLIC LAW 104–61—DEC. 1, 1995

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,
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 645

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.
109 STAT. 646 PUBLIC LAW 104–61—DEC. 1, 1995

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
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 647

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
109 STAT. 648 PUBLIC LAW 104–61—DEC. 1, 1995

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.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 649

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, 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

10 USC 1073

note.
109 STAT. 650 PUBLIC LAW 104–61—DEC. 1, 1995

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.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 651

NATIONAL SECURITY EDUCATION TRUST FUND

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

$7,500,000, to be derived from the National Security Education

Trust Fund, to remain available until expended: Provided, That

any individual accepting a scholarship or fellowship from this program agrees to be employed by the Department of Defense or

in the Intelligence Community in accordance with Federal employment standards.

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For necessary expenses of the Intelligence Community Management Account; $90,683,000.

KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

ENVIRONMENTAL RESTORATION TRUST FUND

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

by law; $25,000,000, to remain available until expended.

TITLE VIII

GENERAL PROVISIONS

SEC. 8001. No part of any appropriation contained in this

Act shall be used for publicity or propaganda purposes not authorized by the Congress.

SEC. 8002. During the current fiscal year, provisions of law

prohibiting the payment of compensation to, or employment of,

any person not a citizen of the United States shall not apply

to personnel of the Department of Defense: Provided, That salary

increases granted to direct and indirect hire foreign national

employees of the Department of Defense funded by this Act shall

not be at a rate in excess of the percentage 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.

Foreign

nationals.

10 USC 1584

note.
109 STAT. 652 PUBLIC LAW 104–61—DEC. 1, 1995

(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, That the Secretary

of Defense shall notify the Congress promptly of all transfers made

pursuant to this authority or any other authority in this Act:

Provided further, That no part of the funds in this Act shall be

available to prepare or present a request to the Committees on

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

for which originally appropriated and in no case where the item

for which reprogramming is requested has been denied by the

Congress.

(TRANSFER OF FUNDS)

SEC. 8006. During the current fiscal year, cash balances in

working capital funds of the Department of Defense established

pursuant to section 2208 of title 10, United States Code, may

be maintained in only such amounts as are necessary at any time

for cash disbursements to be made from such funds: Provided,

That transfers may be made between such funds and the ‘‘Foreign

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

appropriation accounts in such amounts as may be determined

by the Secretary of Defense, with the approval of the Office of

Management and Budget, except that such transfers may not be

made unless the Secretary of Defense has notified the Congress

of the proposed transfer. Except in amounts equal to the amounts

appropriated to working capital funds in this Act, no obligations

may be made against a working capital fund to procure or increase

the value of war reserve material inventory, unless the Secretary

of Defense has notified the Congress prior to any such obligation.

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

Act, the Secretary of the Air Force, pursuant to a determination

under section 2690 of title 10, United States Code, may implement

cost-effective agreements for required heating facility modernization

in the Kaiserslautern Military Community in the Federal Republic

of Germany: Provided, That in the City of Kaiserslautern such

agreements will include the use of United States anthracite as

the base load energy for municipal district heat to the United

States defense installations: Provided further, That at Landstuhl

Army Regional Medical Center and Ramstein Air Base, furnished

heat may be obtained from private, regional or municipal services,

if provisions are included for the consideration of United States

coal as an energy source: Provided further, That none of the funds

available to the Department of Defense in this Act shall be used

Notification.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 653

by the Secretary of a military department to purchase coal or

coke from foreign nations for use at United States defense facilities

in Europe when coal from the United States is available.

SEC. 8008. Funds appropriated by this Act may not be used

to initiate a special access program without prior notification 30

calendar days in session in advance to the congressional defense

committees.

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

for the Civilian Health and Medical Program of the Uniformed

Services shall be available for payments to physicians and other

non-institutional health care providers in excess of the amounts

allowed in fiscal year 1995 for similar services, except that: (a)

for services for which the Secretary of Defense determines an

increase is justified by economic circumstances, the allowable

amounts may be increased in accordance with appropriate economic

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

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

are overpriced based on allowable payments under title XVIII of

the Social Security Act, the allowable amounts shall be reduced

by not more than 15 percent (except that the reduction may be

waived if the Secretary determines that it would impair adequate

access to health care services for beneficiaries). The Secretary shall

solicit public comment prior to promulgating regulations to implement this section. Such regulations shall include a limitation, similar to that used under title XVIII of the Social Security Act, on

the extent to which a provider may bill a beneficiary an actual

charge in excess of the allowable amount.

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

available to initiate (1) a multiyear contract that employs economic

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

year of the contract or that includes an unfunded contingent liability

in excess of $20,000,000, or (2) a contract for advance procurement

leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless

the congressional defense committees have been notified at least

thirty days in advance of the proposed contract award: Provided,

That no part of any appropriation contained in this Act shall

be available to initiate a multiyear contract for which the economic

order quantity advance procurement is not funded at least to the

limits of the Government’s liability: Provided further, That no part

of any appropriation contained in this Act shall be available to

initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed

$500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated

without 10-day prior notification to the congressional defense

committees: Provided further, That the execution of multiyear

authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.

Funds appropriated in title III of this Act may be used for

multiyear procurement contracts as follows:

UH–60 Blackhawk helicopter;

Apache Longbow helicopter; and

M1A2 tank upgrade.

SEC. 8011. Within the funds appropriated for the operation

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,

10 USC 401 note.

Contracts.

Regulations.
109 STAT. 654 PUBLIC LAW 104–61—DEC. 1, 1995

for humanitarian and civic assistance costs under chapter 20 of

title 10, United States Code. Such funds may also be obligated

for humanitarian and civic assistance costs incidental to authorized

operations and pursuant to authority granted in section 401 of

chapter 20 of title 10, United States Code, and these obligations

shall be reported to Congress on September 30 of each year: Provided, That funds available for operation and maintenance shall

be available for providing humanitarian and similar assistance

by using Civic Action Teams in the Trust Territories of the Pacific

Islands and freely associated states of Micronesia, pursuant to

the Compact of Free Association as authorized by Public Law

99–239: Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for graduate

medical education programs conducted at Army medical facilities

located in Hawaii, the Secretary of the Army may authorize the

provision of medical services at such facilities and transportation

to such facilities, on a nonreimbursable basis, for civilian patients

from American Samoa, the Commonwealth of the Northern Mariana

Islands, the Marshall Islands, the Federated States of Micronesia,

Palau, and Guam.

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

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

of any 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. 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

10 USC 10101

note.

Reports.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 655

troop program unit that he or she is employed to support. Those

technicians employed by the Army Reserve in areas other than

Army Reserve troop program units need only be members of the

Selected Reserve.

SEC. 8017. Notwithstanding any other provision of law, during

the current fiscal year and hereafter, the Secretaries of the Army

and Air Force may authorize the retention in an active status

until age sixty of any person who would otherwise be removed

from an active status and who is employed as a National Guard

or Reserve technician in a position in which active status in a

reserve component of the Army or Air Force is required as a

condition of that employment.

SEC. 8018. (a) None of the funds appropriated by this Act

shall be used to make contributions to the Department of Defense

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

United States Code, representing the normal cost for future benefits

under section 1415(c) of title 38, United States Code, for any member of the armed services who, on or after the date of enactment

of this Act—

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

duty of less than three years; or

(2) receives an enlistment bonus under section 308a or

308f of title 37, United States Code,

nor shall any amounts representing the normal cost of such future

benefits be transferred from the Fund by the Secretary of the

Treasury to the Secretary of Veterans Affairs pursuant to section

2006(d) of title 10, United States Code; nor shall the Secretary

of Veterans Affairs pay such benefits to any such member: Provided,

That, in the case of a member covered by clause (1), these limitations shall not apply to members in combat arms skills or to

members who enlist in the armed services on or after July 1,

1989, under a program continued or established by the Secretary

of Defense in fiscal year 1991 to test the cost-effective use of

special recruiting incentives involving not more than nineteen

noncombat arms skills approved in advance by the Secretary of

Defense: Provided further, That this subsection applies only to

active components of the Army.

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

for the basic pay and allowances of any member of the Army

participating as a full-time student and receiving benefits paid

by the Secretary of Veterans Affairs from the Department of Defense

Education Benefits Fund when time spent as a full-time student

is credited toward completion of a service commitment: Provided,

That this subsection shall not apply to those members who have

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

the Army.

SEC. 8019. Funds appropriated for the Department of Defense

during the current fiscal year and hereafter shall be available

for the payment of not more than 75 percent of the 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.

10 USC 2007

note.

10 USC 10101

note.
109 STAT. 656 PUBLIC LAW 104–61—DEC. 1, 1995

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
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 657

for care received when a patient is referred to a provider of inpatient

mental health care or residential treatment care by a medical

or health care professional having an economic interest in the

facility to which the patient is referred: Provided, That this limitation does not apply in the case of inpatient mental health services

provided under the program for the handicapped under subsection

(d) of section 1079 of title 10, United States Code, provided as

partial hospital care, or provided pursuant to a waiver authorized

by the Secretary of Defense because of medical or psychological

circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant

to rules prescribed by the Secretary, which takes into account

the appropriate level of care for the patient, the intensity of services

required by the patient, and the availability of that care.

SEC. 8024. Of the funds made available by this Act in title

III, Procurement, $8,000,000, drawn pro rata from each appropriations account in title III, shall be available for incentive payments

authorized by section 504 of the Indian Financing Act of 1974,

25 U.S.C. 1544. These payments shall be available only to contractors which have submitted subcontracting plans pursuant to 15

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

of this Act.

SEC. 8025. Funds available in this Act may be used to provide

transportation for the next-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, 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 RepresentaReports.

Contracts.

Regulations.
109 STAT. 658 PUBLIC LAW 104–61—DEC. 1, 1995

tives and the Committee on Foreign Relations of the Senate thirty

days prior to the conclusion and endorsement of any such agreement

established under this provision.

SEC. 8028. None of the funds available to the Department

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

M–1 Garand rifles, M–14 rifles, .22 caliber rifles, or M–1911 pistols.

SEC. 8029. None of the funds available to the Department

of the Navy may be used to enter into any contract for the overhaul,

repair, or maintenance of any naval vessel homeported on the

West Coast of the United States which includes charges for interport

differential as an evaluation factor for award.

SEC. 8030. Notwithstanding any other provision of law, none

of the funds appropriated by this Act shall be available to pay

more than 50 percent of an amount paid to any person under

section 308 of title 37, United States Code, in a lump sum.

SEC. 8031. None of the funds appropriated during the current

fiscal year and hereafter, may be used by the Department of Defense

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

he or she supervises is considered as a basis for this determination:

Provided, That savings that result from this provision are represented as such in future budget proposals.

SEC. 8032. None of the funds appropriated by this Act shall

be available for payments under the Department of Defense contract

with the Louisiana State University Medical Center involving the

use of cats for Brain Missile Wound Research, and the Department

of Defense shall not make payments under such contract from

funds obligated prior to the date of the enactment of this Act,

except as necessary for costs incurred by the contractor prior to

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

care of animals covered by this contract are allowed.

SEC. 8033. Notwithstanding any other provision of law, funds

available to the Department of Defense shall be made available

to provide transportation of medical supplies and equipment, on

a nonreimbursable basis, to American Samoa: Provided, That notwithstanding any other provision of law, funds available to the

Department of Defense shall be made available to provide transportation of medical supplies 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.

Native

Americans.

American Samoa.

10 USC 129a

note.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 659

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. 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.

Contracts.
109 STAT. 660 PUBLIC LAW 104–61—DEC. 1, 1995

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

in this Act shall be used to reduce or disestablish the operation

of the 53rd Weather Reconnaissance Squadron of the Air Force

Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act.

SEC. 8042. (a) Of the funds for the procurement of supplies

or services appropriated by this Act, qualified nonprofit agencies

for the blind or other severely handicapped shall be afforded the

maximum practicable opportunity to participate as subcontractors

and suppliers in the performance of contracts let by the Department

of Defense.

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

has negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns

pursuant to section 8(d) of the Small Business Act (15 U.S.C.

637(d)) shall be given credit toward meeting that subcontracting

goal for any purchases made from qualified nonprofit agencies for

the blind or other severely handicapped.

(c) For the purpose of this section, the phrase ‘‘qualified nonprofit agency for the blind or other severely handicapped’’ means

a nonprofit agency for the blind or other severely handicapped

that has been approved by the Committee for the Purchase from

the Blind and Other Severely Handicapped under the 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. 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.

Kuwait.

Small business.

Contracts.

Handicapped

persons.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 661

(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,
109 STAT. 662 PUBLIC LAW 104–61—DEC. 1, 1995

That Office of Management and Budget Circular A–76 shall not

apply to competitions conducted under this section.

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

with the United States Trade Representative, determines that a

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating

against certain types of products produced in the United States

that are covered by the agreement, the Secretary of Defense shall

rescind the Secretary’s blanket waiver of the Buy American Act

with respect to such types of products produced in that foreign

country. (2) An agreement referred to in paragraph (1) is any reciprocal

defense procurement memorandum of understanding, between the

United States and a foreign country pursuant to which the Secretary

of Defense has prospectively waived the Buy American Act for

certain products in that country.

(b) The Secretary of Defense shall submit to Congress a report

on the amount of Department of Defense purchases from foreign

entities in fiscal year 1996. Such report shall separately indicate

the dollar value of items for which the Buy American Act was

waived pursuant to any agreement described in subsection (a)(2),

the Trade Agreement Act of 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. 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. 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

10 USC 2488

note.

10 USC 2774

note.

Reports.

41 USC 10b–2.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 663

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 avail- able to the Department of Defense may be used to reimburse

a member of a reserve component of the Armed Forces who is

not otherwise entitled to travel and transportation allowances and

who occupies transient government housing while performing active

duty for training or inactive duty training: Provided, That such

members may be provided lodging in kind if transient government

quarters are unavailable as if the member was entitled to such

allowances under subsection (a) of section 404 of title 37, United

States Code: Provided further, That if lodging in kind is provided, any authorized service charge or cost of such lodging may be paid

directly from funds appropriated for operation and maintenance

of the reserve component of the member concerned.

SEC. 8058. The President shall include with each budget for a fiscal year submitted to the Congress under section 1105 of

title 31, United States Code, materials that shall identify clearly

and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to

administrative activities of the Department of Defense, the military

departments, and the Defense Agencies.

SEC. 8059. None of the funds in this or any other Act shall be available for the preparation of studies on— (a) the feasibility of removal and transportation of unitary chemical weapons from the eight chemical storage sites within

the continental United States to Johnston Atoll: Provided, That

this prohibition shall not apply to General Accounting Office

studies requested by a Member of Congress or a Congressional

Committee; and

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

facilities other than for the destruction of stockpile chemical

munitions and as limited by section 1412(c)(2), Public Law

99–145: Provided, That this prohibition does not apply to future use studies for the CAMDS facility at Tooele, Utah.

SEC. 8060. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment

Recovery Account established by section 2921(c)(1) of the National

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.

President.

10 USC 221 note.
109 STAT. 664 PUBLIC LAW 104–61—DEC. 1, 1995

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,
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 665

That this prohibition may be waived by the Secretary of a Military

Department if the Secretary determines it is in the best national

security interest of the United States to provide such waiver and

so notifies the congressional defense committees in writing.

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

made available in this Act may be used to transport or provide

for the transportation of chemical munitions to the Johnston Atoll

for the purpose of storing or demilitarizing such munitions. (b) The prohibition in subsection (a) shall not apply to any

obsolete World War II chemical munition of the United States

found in the World War II Pacific Theater of Operations.

(c) The President may suspend the application of subsection

(a) during a period of war in which the United States is a party.

SEC. 8070. None of the funds appropriated by this Act for

programs of the Central Intelligence Agency shall remain available

for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 1997.

SEC. 8071. Notwithstanding any other provision of law, funds

made available in this Act for the Defense Intelligence Agency

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and

intelligence information systems for the Services, the Unified and

Specified Commands, and the component commands.

SEC. 8072. Of the funds appropriated to the Department of

Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, 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, That the contracts, contract modifications,

or contract options are awarded upon the requirements of the

users.

SEC. 8074. Amounts collected for the use of the facilities of

the National Science Center for Communications and Electronics

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

Department of Defense Authorization Act, 1986 and deposited to

the special account established under subsection 1459(g)(2) of that

Act are appropriated and shall be available until expended for

the operation and maintenance of the Center as provided for in

subsection 1459(g)(2).

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

of Defense shall issue loan guarantees in support of 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

Loans.

Contracts.

Native

Americans.
109 STAT. 666 PUBLIC LAW 104–61—DEC. 1, 1995

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, That the Secretary shall

provide quarterly reports to the Committees on Appropriations,

Armed Services and Foreign Relations of the Senate and the

Committees of Appropriations, National Security and International

Relations in the House of Representatives on the implementation

of this program.

SEC. 8076. None of the funds appropriated in this Act may

be used to fill the commander’s position at any military medical

facility with a health care professional unless the prospective candidate can demonstrate professional administrative skills.

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

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

the entity, in expending the funds, complies with the Buy American

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

means title III of the Act entitled ‘‘An Act making appropriations

for the Treasury and Post Office Departments for the fiscal year

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

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

(b) If the Secretary of Defense determines that a person has

been convicted of intentionally affixing a label bearing a ‘‘Made

in America’’ inscription to any product sold in or shipped to the

United States that is not made in America, the Secretary shall

determine, in accordance with section 2410f of title 10, United

States Code, whether the person should be debarred from contracting with the Department of Defense.

SEC. 8078. None of the funds provided in this Act may be

obligated or expended for the sale of zinc in the National Defense

Stockpile if zinc commodity prices decline more than five percent

below the London Metals Exchange market price reported on the

date of enactment of this Act.

SEC. 8079. None of the funds appropriated by this Act shall

be available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited

proposal unless the head of the activity responsible for the procurement determines—

(1) as a result of thorough technical evaluation, only one

source is found fully qualified to perform the proposed work,

or

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

proposal which offers significant scientific or technological

promise, represents the product of original thinking, and was

submitted in confidence by one source, or

(3) the purpose of the contract is to take advantage of

unique and significant industrial accomplishment by a specific

concern, or to insure that a new product or idea of a specific

concern is given financial support:

Provided, That this limitation shall not apply to contracts in an

amount of less than $25,000, contracts related to improvements

of equipment that is in development or production, or contracts

as to which a civilian official of the Department of Defense, who

has been confirmed 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

Contracts.

Labeling.

Reports.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 667

(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, DefenseWide, 1995/1996’’, $12,000,000.

SEC. 8084. Notwithstanding any other provision of law, for resident classes entering the war colleges after September 30, 1996,

the Department of Defense shall require that not less than 20

percent of the total of United States military students at each

war college shall be from military departments other than the

hosting military department: Provided, That each military depart- ment 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

Colleges and

universities.

10 USC note

prec. 2161.
109 STAT. 668 PUBLIC LAW 104–61—DEC. 1, 1995

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
PUBLIC LAW 104–61—DEC. 1, 1995 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;
109 STAT. 670 PUBLIC LAW 104–61—DEC. 1, 1995

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’’:
PUBLIC LAW 104–61—DEC. 1, 1995 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.

(INCLUDING TRANSFER OF FUNDS)

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. (a) None of the funds available to the Department

of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or

agency of the United States except as specifically provided in an

appropriations law.

(b) None of the funds available to the Central Intelligence

Agency for any fiscal year for drug interdiction and counter-drug

activities may be transferred to any other department or agency

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

(TRANSFER OF FUNDS)

SEC. 8097. Appropriations available in this Act under the heading ‘‘Operation and Maintenance, Defense-Wide’’ for increasing

energy and water efficiency in Federal buildings may, during their

period of availability, be transferred to other appropriations or

funds of the Department of Defense for projects related to increasing

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

for the same general purposes, and for the same time period,

as the appropriation or fund to which transferred.

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

fiscal year 1996 by the Department of the Air Force pursuant

to the ‘‘Memorandum of Agreement between the National Aeronautics and Space Administration and the United States Air Force

on Titan IV/Centaur Launch Support for the Cassini Mission’’,

50 USC 403f

note.

10 USC 374 note.
109 STAT. 672 PUBLIC LAW 104–61—DEC. 1, 1995

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-bycase 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 nondefective 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. (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.

10 USC 113 note.
PUBLIC LAW 104–61—DEC. 1, 1995 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. 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

Termination

date.
109 STAT. 674 PUBLIC LAW 104–61—DEC. 1, 1995

or procure main propulsion engines for the LPD–17 class of ships

unless such equipment is powered by a diesel engine manufactured

in the United States by a domestically operated entity: Provided,

That the Secretary of Defense may waive this restriction on a

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

Appropriations of the House of Representatives and the Senate

that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such

an acquisition must be made in order to acquire capability for

national security purposes or there exists a significant cost or

quality difference.

SEC. 8110. None of the funds appropriated or made available

in this Act to the Department of the Navy shall be used to develop

or procure an emergency generator set for the New Attack Submarine unless such equipment is powered by a diesel engine manufactured in the United States by a domestically operated entity:

Provided, That the Secretary of Defense may waive this restriction

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

on Appropriations of the House of Representatives and the Senate

that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such

an acquisition must be made in order to acquire capability for

national security purposes or there exists a significant cost or

quality difference.

SEC. 8111. None of the funds in this Act may be used to

transport military personnel into Edwards Air Force Base for training rotations at the National Training Center after April 15, 1996:

Provided, That the Department of Defense shall comply with the

recommendations of the fiscal year 1996 Military Construction bill

as it pertains to the interim and permanent National Training

Center Airhead.

SEC. 8112. The Secretary of Defense and the Secretary of the

Army shall reconsider the decision not to include the infantry

military occupational specialty among the military skills and

specialties for which special pays are provided under the Selected

Reserve Incentive Program.

SEC. 8113. (a) The Secretary of Defense shall submit, on a

quarterly basis, a report to the congressional defense committees,

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

setting forth all costs (including incremental costs) incurred by

the Department of Defense during the preceding quarter in

implementing or supporting resolutions of the United Nations Security Council, including any such resolution calling for international

sanctions, international peacekeeping operations, and humanitarian

missions undertaken by the Department of Defense. The quarterly

report shall include an aggregate of all such Department of Defense

costs by operation or mission.

(b) The Secretary of Defense shall detail in the quarterly reports

all efforts made to seek credit against past United Nations expenditures and all efforts made to seek compensation from the United

Nations for costs incurred by the Department of Defense in

implementing and supporting United Nations activities.

SEC. 8114. (a) LIMITATION.—Of the funds available under title

II under the heading ‘‘FORMER SOVIET UNION THREAT REDUCTION’’

for dismantlement and destruction of chemical weapons, not more

Reports.
PUBLIC LAW 104–61—DEC. 1, 1995 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
109 STAT. 676 PUBLIC LAW 104–61—DEC. 1, 1995

(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.
PUBLIC LAW 104–61—DEC. 1, 1995 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.
109 STAT. 678 PUBLIC LAW 104–61—DEC. 1, 1995

SEC. 8119. None of the funds made available in this Act may

be used to administer any policy that permits the performance

of abortions at medical treatment or other facilities of the Department of Defense.

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 BosniaHerzegovina, 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;

Abortion.
PUBLIC LAW 104–61—DEC. 1, 1995 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, DefenseWide, $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-
109 STAT. 680 PUBLIC LAW 104–61—DEC. 1, 1995

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, DefenseWide’’, $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.
PUBLIC LAW 104–61—DEC. 1, 1995 109 STAT. 681

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.

Æ

This Act may be cited as the ‘‘Department of Defense Appropriations Act, 1996’’.

[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.]