Calendar No. 447

104TH CONGRESS

2D SESSION S. 1894

[Report No. 104–286]

A BILL

Making appropriations for the Department of De1997, and for other purposes. fense for the fiscal year ending September 30,

JUNE 20, 1996

Read twice and placed on the calendar
II

Calendar No. 447

104TH CONGRESS

2D SESSION S. 1894

[Report No. 104–286]

Making appropriations for the Department of Defense for the fiscal year

ending September 30, 1997, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 20, 1996

Mr. STEVENS from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the Department of Defense for

the fiscal year ending September 30, 1997, and for other

purposes.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1997, for military func6 tions administered by the Department of Defense, and for

7 other purposes, namely:
2

S. 1894 PCS

1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence,

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel

8 between permanent duty stations, for members of the

9 Army on active duty (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets;

11 and for payments pursuant to section 156 of Public Law

12 97–377, as amended (42 U.S.C. 402 note), to section

13 229(b) of the Social Security Act (42 U.S.C. 429(b)), and

14 to the Department of Defense Military Retirement Fund;

15 $20,559,042,000.

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence,

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel

21 between permanent duty stations, for members of the

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; and

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

25 377, as amended (42 U.S.C. 402 note), to section 229(b)
3

S. 1894 PCS

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

2 Department of Defense Military Retirement Fund;

3 $16,943,581,000.

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, subsistence,

6 interest on deposits, gratuities, permanent change of sta7 tion travel (including all expenses thereof for organiza8 tional movements), and expenses of temporary duty travel

9 between permanent duty stations, for members of the Ma10 rine Corps on active duty (except members of the Reserve

11 provided for elsewhere); and for payments pursuant to sec12 tion 156 of Public Law 97–377, as amended (42 U.S.C.

13 402 note), to section 229(b) of the Social Security Act

14 (42 U.S.C. 429(b)), and to the Department of Defense

15 Military Retirement Fund; $6,099,182,000.

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, subsistence,

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel

21 between permanent duty stations, for members of the Air

22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets;

24 and for payments pursuant to section 156 of Public Law

25 97–377, as amended (42 U.S.C. 402 note), to section
4

S. 1894 PCS

1 229(b) of the Social Security Act (42 U.S.C. 429(b)), and

2 to the Department of Defense Military Retirement Fund;

3 $17,021,810,000.

4 RESERVE PERSONNEL, ARMY

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

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

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

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

10 States Code, in connection with performing duty specified

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

12 while undergoing reserve training, or while performing

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

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

16 and for payments to the Department of Defense Military

17 Retirement Fund; $2,052,136,000.

18 RESERVE PERSONNEL, NAVY

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

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

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

S. 1894 PCS

1 serve training, or while performing drills or equivalent

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

3 Corps, and expenses authorized by section 16131 of title

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

6 $1,396,989,000.

7 RESERVE PERSONNEL, MARINE CORPS

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

9 travel, and related expenses for personnel of the Marine

10 Corps Reserve on active duty under section 10211 of title

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

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

13 in connection with performing duty specified in section

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

17 leaders class, and expenses authorized by section 16131

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

19 Department of Defense Military Retirement Fund;

20 $389,325,000.

21 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

S. 1894 PCS

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

2 States Code, in connection with performing duty specified

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

4 while undergoing reserve training, or while performing

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

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

7 authorized by section 16131 of title 10, United States

8 Code; and for payments to the Department of Defense

9 Military Retirement Fund; $785,842,000.

10 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

15 States Code, or while serving on duty under section

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

17 States Code, in connection with performing duty specified

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

19 while undergoing training, or while performing drills or

20 equivalent duty or other duty, and expenses authorized by

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

23 Fund; $3,259,169,000.
7

S. 1894 PCS

1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

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

8 in connection with performing duty specified in section

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

11 duty or other duty, and expenses authorized by section

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

13 to the Department of Defense Military Retirement Fund;

14 $1,295,511,000.

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance of the Army, as author21 ized by law; and not to exceed $11,437,000 can be used

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

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

25 of necessity for confidential military purposes;
8

S. 1894 PCS

1 $17,700,859,000 and, in addition, $50,000,000 shall be

2 derived by transfer from the National Defense Stockpile

3 Transaction Fund.

4 OPERATION AND MAINTENANCE, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses, not otherwise provided for, necessary

7 for the operation and maintenance of the Navy and the

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

9 $3,995,000, can be used for emergencies and extraor10 dinary expenses, to be expended on the approval or author11 ity of the Secretary of the Navy, and payments may be

12 made on his certificate of necessity for confidential mili13 tary purposes; $20,241,517,000 and, in addition,

14 $50,000,000 shall be derived by transfer from the Na15 tional Defense Stockpile Transaction Fund.

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For expenses, not otherwise provided for, necessary

18 for the operation and maintenance of the Marine Corps,

19 as authorized by law; $2,275,977,000.

20 OPERATION AND MAINTENANCE, AIR FORCE

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses, not otherwise provided for, necessary

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

24 authorized by law; and not to exceed $8,362,000 can be

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

S. 1894 PCS

1 pended on the approval or authority of the Secretary of

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

4 $17,331,309,000 and, in addition, $50,000,000 shall be

5 derived by transfer from the National Defense Stockpile

6 Transaction Fund.

7 OPERATION AND MAINTENANCE, DEFENSE-WIDE

8 For expenses, not otherwise provided for, necessary

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

11 departments), as authorized by law; $9,953,142,000, of

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

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

14 $28,500,000 can be used for emergencies and extraor15 dinary expenses, to be expended on the approval or author16 ity of the Secretary of Defense, and payments may be

17 made on his certificate of necessity for confidential mili18 tary purposes: Provided, That of the funds appropriated

19 under this heading, $20,000,000 shall be made available

20 only for use in federally owned education facilities located

21 on military installations for the purpose of transferring

22 title of such facilities to the local education agency.

23 OPERATION AND MAINTENANCE, ARMY RESERVE

24 For expenses, not otherwise provided for, necessary

25 for the operation and maintenance, including training, or-
10

S. 1894 PCS

1 ganization, and administration, of the Army Reserve; re2 pair of facilities and equipment; hire of passenger motor

3 vehicles; travel and transportation; care of the dead; re4 cruiting; procurement of services, supplies, and equip5 ment; and communications; $1,129,436,000.

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For expenses, not otherwise provided for, necessary

8 for the operation and maintenance, including training, or9 ganization, and administration, of the Navy Reserve; re10 pair of facilities and equipment; hire of passenger motor

11 vehicles; travel and transportation; care of the dead; re12 cruiting; procurement of services, supplies, and equip13 ment; and communications; $861,527,000.

14 OPERATION AND MAINTENANCE, MARINE CORPS

15 RESERVE

16 For expenses, not otherwise provided for, necessary

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Marine Corps Re19 serve; repair of facilities and equipment; hire of passenger

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

21 recruiting; procurement of services, supplies, and equip22 ment; and communications; $115,367,000.

23 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

24 For expenses, not otherwise provided for, necessary

25 for the operation and maintenance, including training, or-
11

S. 1894 PCS

1 ganization, and administration, of the Air Force Reserve;

2 repair of facilities and equipment; hire of passenger motor

3 vehicles; travel and transportation; care of the dead; re4 cruiting; procurement of services, supplies, and equip5 ment; and communications; $1,494,953,000.

6 OPERATION AND MAINTENANCE, ARMY NATIONAL

7 GUARD

8 For expenses of training, organizing, and administer9 ing the Army National Guard, including medical and hos10 pital treatment and related expenses in non-Federal hos11 pitals; maintenance, operation, and repairs to structures

12 and facilities; hire of passenger motor vehicles; personnel

13 services in the National Guard Bureau; travel expenses

14 (other than mileage), as authorized by law for Army per15 sonnel on active duty, for Army National Guard division,

16 regimental, and battalion commanders while inspecting

17 units in compliance with National Guard Bureau regula18 tions when specifically authorized by the Chief, National

19 Guard Bureau; supplying and equipping the Army Na20 tional Guard as authorized by law; and expenses of repair,

21 modification, maintenance, and issue of supplies and

22 equipment (including aircraft); $2,294,477,000.

23 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

24 For operation and maintenance of the Air National

25 Guard, including medical and hospital treatment and re-
12

S. 1894 PCS

1 lated expenses in non-Federal hospitals; maintenance, op2 eration, repair, and other necessary expenses of facilities

3 for the training and administration of the Air National

4 Guard, including repair of facilities, maintenance, oper5 ation, and modification of aircraft; transportation of

6 things; hire of passenger motor vehicles; supplies, mate7 rials, and equipment, as authorized by law for the Air Na8 tional Guard; and expenses incident to the maintenance

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

10 such as may be furnished from stocks under the control

11 of agencies of the Department of Defense; travel expenses

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

13 law for Air National Guard personnel on active Federal

14 duty, for Air National Guard commanders while inspecting

15 units in compliance with National Guard Bureau regula16 tions when specifically authorized by the Chief, National

17 Guard Bureau; $2,721,973,000.

18 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses directly relating to Overseas Contin21 gency Operations by United States military forces;

22 $1,069,957,000: Provided, That the Secretary of Defense

23 may transfer these funds only to operation and mainte24 nance accounts within this title: Provided further, That the

25 funds transferred shall be merged with and shall be avail-
13

S. 1894 PCS

1 able for the same purposes and for the same time period,

2 as the appropriation to which transferred: Provided fur3 ther, That the transfer authority provided in this para4 graph is in addition to any other transfer authority con5 tained elsewhere in this Act.

6 UNITED STATES COURT OF APPEALS FOR THE ARMED

7 FORCES

8 For salaries and expenses necessary for the United

9 States Court of Appeals for the Armed Forces;

10 $6,185,000, of which not to exceed $2,500 can be used

11 for official representation purposes.

12 ENVIRONMENTAL RESTORATION, ARMY

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of the Army, $356,916,000, to

15 remain available until transferred: Provided, That the Sec16 retary of the Army shall, upon determining that such

17 funds are required for environmental restoration, reduc18 tion and recycling of hazardous waste, removal of unsafe

19 buildings and debris of the Department of the Army, or

20 for similar purposes, transfer the funds made available by

21 this appropriation to other appropriations made available

22 to the Department of the Army, to be merged with and

23 to be available for the same purposes and for the same

24 time period as the appropriations to which transferred:

25 Provided further, That upon a determination that all or
14

S. 1894 PCS

1 part of the funds transferred from this appropriation are

2 not necessary for the purposes provided herein, such

3 amounts may be transferred back to this appropriation:

4 Provided further, That not more than twenty-five percent

5 of funds provided under this heading may be obligated for

6 environmental remediation by the Corps of Engineers

7 under total environmental remediation contracts.

8 ENVIRONMENTAL RESTORATION, NAVY

9 (INCLUDING TRANSFER OF FUNDS)

10 For the Department of the Navy, $302,900,000, to

11 remain available until transferred: Provided, That the Sec12 retary of the Navy shall, upon determining that such

13 funds are required for environmental restoration, reduc14 tion and recycling of hazardous waste, removal of unsafe

15 buildings and debris of the Department of the Navy, or

16 for similar purposes, transfer the funds made available by

17 this appropriation to other appropriations made available

18 to the Department of the Navy, to be merged with and

19 to be available for the same purposes and for the same

20 time period as the appropriations to which transferred:

21 Provided further, That upon a determination that all or

22 part of the funds transferred from this appropriation are

23 not necessary for the purposes provided herein, such

24 amounts may be transferred back to this appropriation.
15

S. 1894 PCS

1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $414,700,000,

4 to remain available until transferred: Provided, That the

5 Secretary of the Air Force shall, upon determining that

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air

9 Force, or for similar purposes, transfer the funds made

10 available by this appropriation to other appropriations

11 made available to the Department of the Air Force, to be

12 merged with and to be available for the same purposes

13 and for the same time period as the appropriations to

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to

18 this appropriation.

19 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Department of the Defense, $38,650,000, to

22 remain available until transferred: Provided, That the Sec23 retary of Defense shall, upon determining that such funds

24 are required for environmental restoration, reduction and

25 recycling of hazardous waste, removal of unsafe buildings
16

S. 1894 PCS

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

2 purposes (including programs and operations at sites for3 merly used by the Department of Defense), transfer the

4 funds made available by this appropriation to other appro5 priations made available to the Department of Defense,

6 to be merged with and to be available for the same pur7 poses and for the same time period as the appropriations

8 to which transferred: Provided further, That upon a deter9 mination that all or part of the funds transferred from

10 this appropriation are not necessary for the purposes pro11 vided herein, such amounts may be transferred back to

12 this appropriation.

13 ENVIRONMENTAL RESTORATION, FORMERLY USED

14 DEFENSE SITES

15 (INCLUDING TRANSFER OF FUNDS)

16 For the Department of the Army, $269,850,000, to

17 remain available until transferred: Provided, That the Sec18 retary of the Army shall, upon determining that such

19 funds are required for environmental restoration, reduc20 tion and recycling of hazardous waste, removal of unsafe

21 buildings and debris at sites formerly used by the Depart22 ment of Defense, transfer the funds made available by this

23 appropriation to other appropriations made available to

24 the Department of the Army, to be merged with and to

25 be available for the same purposes and for the same time
17

S. 1894 PCS

1 period as the appropriations to which transferred: Pro2 vided further, That upon a determination that all or part

3 of the funds transferred from this appropriation are not

4 necessary for the purposes provided herein, such amounts

5 may be transferred back to this appropriation.

6 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

7 For expenses relating to the Overseas Humanitarian,

8 Disaster, and Civic Aid programs of the Department of

9 Defense (consisting of the programs provided under sec10 tions 401, 402, 404, 2547, and 2551 of title 10, United

11 States Code); $49,000,000, to remain available until Sep12 tember 30, 1998.

13 FORMER SOVIET UNION THREAT REDUCTION

14 For assistance to the republics of the former Soviet

15 Union, including assistance provided by contract or by

16 grants, for facilitating the elimination and the safe and

17 secure transportation and storage of nuclear, chemical and

18 other weapons; for establishing programs to prevent the

19 proliferation of weapons, weapons components, and weap20 on-related technology and expertise; for programs relating

21 to the training and support of defense and military person22 nel for demilitarization and protection of weapons, weap23 ons components and weapons technology and expertise;

24 $327,900,000, to remain available until expended.
18

S. 1894 PCS

1 TITLE III

2 PROCUREMENT

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including

6 ordnance, ground handling equipment, spare parts, and

7 accessories therefor; specialized equipment and training

8 devices; expansion of public and private plants, including

9 the land necessary therefor, for the foregoing purposes,

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

11 and construction prosecuted thereon prior to approval of

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants;

14 reserve plant and Government and contractor-owned

15 equipment layaway; and other expenses necessary for the

16 foregoing purposes; $1,283,815,000, to remain available

17 for obligation until September 30, 1999.

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including

21 ordnance, ground handling equipment, spare parts, and

22 accessories therefor; specialized equipment and training

23 devices; expansion of public and private plants, including

24 the land necessary therefor, for the foregoing purposes,

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

S. 1894 PCS

1 and construction prosecuted thereon prior to approval of

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants;

4 reserve plant and Government and contractor-owned

5 equipment layaway; and other expenses necessary for the

6 foregoing purposes; $982,829,000, to remain available for

7 obligation until September 30, 1999.

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and

11 modification of weapons and tracked combat vehicles,

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices;

14 expansion of public and private plants, including the land

15 necessary therefor, for the foregoing purposes, and such

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and

18 procurement and installation of equipment, appliances,

19 and machine tools in public and private plants; reserve

20 plant and Government and contractor-owned equipment

21 layaway; and other expenses necessary for the foregoing

22 purposes; $1,449,714,000, to remain available for obliga23 tion until September 30, 1999: Provided, That of the

24 funds appropriated in this paragraph and notwithstanding

25 the provisions of title 31, United States Code, Section
20

S. 1894 PCS

1 1502(a), not to exceed $33,100,000 may be obligated for

2 future year V903 diesel engine requirements to maintain

3 the industrial base.

4 PROCUREMENT OF AMMUNITION, ARMY

5 For construction, procurement, production, and

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

10 the land necessary therefor, for the foregoing purposes,

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

12 and construction prosecuted thereon prior to approval of

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

15 reserve plant and Government and contractor-owned

16 equipment layaway; and other expenses necessary for the

17 foregoing purposes; $1,118,329,000, to remain available

18 for obligation until September 30, 1999.

19 OTHER PROCUREMENT, ARMY

20 For construction, procurement, production, and

21 modification of vehicles, including tactical, support, and

22 nontracked combat vehicles; the purchase of not to exceed

23 14 passenger motor vehicles for replacement only; commu24 nications and electronic equipment; other support equip25 ment; spare parts, ordnance, and accessories therefor; spe-
21

S. 1894 PCS

1 cialized equipment and training devices; expansion of pub2 lic and private plants, including the land necessary there3 for, for the foregoing purposes, and such lands and inter4 ests therein, may be acquired, and construction prosecuted

5 thereon prior to approval of title; and procurement and

6 installation of equipment, appliances, and machine tools

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

9 expenses necessary for the foregoing purposes;

10 $3,295,486,000, to remain available for obligation until

11 September 30, 1999: Provided, That of the funds appro12 priated in this paragraph and notwithstanding the provi13 sions of title 31, United States Code, Section 1502(a), not

14 to exceed $2,400,000 may be obligated for future year

15 V903 diesel engine requirements to maintain the indus16 trial base.

17 AIRCRAFT PROCUREMENT, NAVY

18 For construction, procurement, production, modifica19 tion, and modernization of aircraft, equipment, including

20 ordnance, spare parts, and accessories therefor; specialized

21 equipment; expansion of public and private plants, includ22 ing the land necessary therefor, and such lands and inter23 ests therein, may be acquired, and construction prosecuted

24 thereon prior to approval of title; and procurement and

25 installation of equipment, appliances, and machine tools
22

S. 1894 PCS

1 in public and private plants; reserve plant and Govern2 ment and contractor-owned equipment layaway;

3 $7,239,704,000, to remain available for obligation until

4 September 30, 1999.

5 WEAPONS PROCUREMENT, NAVY

6 For construction, procurement, production, modifica7 tion, and modernization of missiles, torpedoes, other weap8 ons, other ordnance and ammunition, and related support

9 equipment including spare parts, and accessories therefor;

10 expansion of public and private plants, including the land

11 necessary therefor, and such lands and interests therein,

12 may be acquired, and construction prosecuted thereon

13 prior to approval of title; and procurement and installation

14 of equipment, appliances, and machine tools in public and

15 private plants; reserve plant and Government and contrac16 tor-owned equipment layaway; $1,500,154,000, to remain

17 available for obligation until September 30, 1999: Pro18 vided, That in addition to the foregoing purposes, the

19 funds appropriated above under this heading shall be

20 available to liquidate reported deficiencies in appropria21 tions provided under this heading in prior Department of

22 Defense appropriations acts, to the extent such defi23 ciencies cannot otherwise be liquidated pursuant to 31

24 U.S.C. 1553(b).
23

S. 1894 PCS

1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical,

8 long leadtime components and designs for vessels to be

9 constructed or converted in the future; and expansion of

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired,

12 and construction prosecuted thereon prior to approval of

13 title, as follows:

14 For continuation of the SSN–21 attack sub15 marine program, $699,071,000;

16 NSSN–1 (AP) $296,186,000;

17 NSSN–2 (AP) $701,000,000;

18 CVN Refuelings, $237,029,000;

19 DDG–51 destroyer program, $3,909,072,000;

20 Oceanographic ship program, $54,400,000;

21 Oceanographic ship SWATH, $45,000,000;

22 LCAC landing craft air cushion program (AP–

23 CY), $3,000,000; and

24 For craft, outfitting, post delivery, conversions,

25 and first destination transportation, $248,572,000;
24

S. 1894 PCS

1 in all: $6,193,330,000, to remain available for obligation

2 until September 30, 2001: Provided, That additional obli3 gations may be incurred after September 30, 2001, for

4 engineering services, tests, evaluations, and other such

5 budgeted work that must be performed in the final stage

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

7 funds herein provided for the construction or conversion

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

9 United States shall be expended in foreign facilities for

10 the construction of major components of such vessel: Pro11 vided further, That none of the funds herein provided shall

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

13 shipyards: Provided further, That the Secretary of the

14 Navy is hereby granted the authority to enter into one

15 or more contracts for the procurement of not less than

16 12 Arleigh Burke class destroyers in fiscal year 1998

17 through fiscal year 2001 at a procurement rate of not less

18 than three ships per year.

19 OTHER PROCUREMENT, NAVY

20 For procurement, production, and modernization of

21 support equipment and materials not otherwise provided

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

23 ships, and ships authorized for conversion); expansion of

24 public and private plants, including the land necessary

25 therefor, and such lands and interests therein, may be ac-
25

S. 1894 PCS

1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private

4 plants; reserve plant and Government and contractor5 owned equipment layaway; $2,944,519,000, to remain

6 available for obligation until September 30, 1999.

7 PROCUREMENT, MARINE CORPS

8 For expenses necessary for the procurement, manu9 facture, and modification of missiles, armament, military

10 equipment, spare parts, and accessories therefor; plant

11 equipment, appliances, and machine tools, and installation

12 thereof in public and private plants; reserve plant and

13 Government and contractor-owned equipment layaway; ve14 hicles for the Marine Corps, including the purchase of not

15 to exceed 88 passenger motor vehicles for replacement

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

17 land necessary therefor, and such lands and interests

18 therein, may be acquired and construction prosecuted

19 thereon prior to approval of title; $660,507,000, to remain

20 available for obligation until September 30, 1999.

21 AIRCRAFT PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of

23 aircraft and equipment, including armor and armament,

24 specialized ground handling equipment, and training de25 vices, spare parts, and accessories therefor; specialized
26

S. 1894 PCS

1 equipment; expansion of public and private plants, Gov2 ernment-owned equipment and installation thereof in such

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

4 the foregoing purposes, and such lands and interests

5 therein, may be acquired, and construction prosecuted

6 thereon prior to approval of title; reserve plant and Gov7 ernment and contractor-owned equipment layaway; and

8 other expenses necessary for the foregoing purposes in9 cluding rents and transportation of things;

10 $6,630,370,000, to remain available for obligation until

11 September 30, 1999.

12 MISSILE PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of

14 missiles, spacecraft, rockets, and related equipment, in15 cluding spare parts and accessories therefor, ground han16 dling equipment, and training devices; expansion of public

17 and private plants, Government-owned equipment and in18 stallation thereof in such plants, erection of structures,

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

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

21 construction prosecuted thereon prior to approval of title;

22 reserve plant and Government and contractor-owned

23 equipment layaway; and other expenses necessary for the

24 foregoing purposes including rents and transportation of
27

S. 1894 PCS

1 things; $2,713,944,000, to remain available for obligation

2 until September 30, 1999.

3 OTHER PROCUREMENT, AIR FORCE

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

6 and ground electronic and communication equipment),

7 and supplies, materials, and spare parts therefor, not oth8 erwise provided for; the purchase of not to exceed 506 pas9 senger motor vehicles for replacement only; the purchase

10 of 1 vehicle required for physical security of personnel,

11 notwithstanding price limitations applicable to passenger

12 vehicles but not to exceed $287,000 per vehicle; and ex13 pansion of public and private plants, Government-owned

14 equipment and installation thereof in such plants, erection

15 of structures, and acquisition of land, for the foregoing

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

17 acquired, and construction prosecuted thereon, prior to

18 approval of title; reserve plant and Government and con19 tractor-owned equipment layaway; $5,577,787,000, to re20 main available for obligation until September 30, 1999.

21 PROCUREMENT, DEFENSE-WIDE

22 For expenses of activities and agencies of the Depart23 ment of Defense (other than the military departments)

24 necessary for procurement, production, and modification

25 of equipment, supplies, materials, and spare parts there-
28

S. 1894 PCS

1 for, not otherwise provided for; the purchase of not to ex2 ceed 389 passenger motor vehicles for replacement only;

3 expansion of public and private plants, equipment, and in4 stallation thereof in such plants, erection of structures,

5 and acquisition of land for the foregoing purposes, and

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

7 construction prosecuted thereon prior to approval of title;

8 reserve plant and Government and contractor-owned

9 equipment layaway; $1,773,794,000, to remain available

10 for obligation until September 30, 1999.

11 NATIONAL GUARD AND RESERVE EQUIPMENT

12 For procurement of aircraft, missiles, tracked combat

13 vehicles, ammunition, other weapons, and other procure14 ment for the reserve components of the Armed Forces;

15 $759,800,000, to remain available for obligation until Sep16 tember 30, 1999: Provided, That the Chiefs of the Reserve

17 and National Guard components shall, not later than 30

18 days after the enactment of this Act, individually submit

19 to the congressional defense committees the modernization

20 priority assessment for their respective Reserve or Na21 tional Guard component.
29

S. 1894 PCS

1 TITLE IV

2 RESEARCH, DEVELOPMENT, TEST AND

3 EVALUATION

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment; $5,107,283,000, to remain avail10 able for obligation until September 30, 1998.

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment; $8,067,543,000, to remain avail17 able for obligation until September 30, 1998: Provided,

18 That funds appropriated in this paragraph which are

19 available for the V–22 may be used to meet requirements

20 of the Special Operations Forces.

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

22 AIR FORCE

23 For expenses necessary for basic and applied sci24 entific research, development, test and evaluation, includ25 ing maintenance, rehabilitation, lease, and operation of fa-
30

S. 1894 PCS

1 cilities and equipment; $14,778,540,000, to remain avail2 able for obligation until September 30, 1998.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

4 DEFENSE-WIDE

5 For expenses of activities and agencies of the Depart6 ment of Defense (other than the military departments),

7 necessary for basic and applied scientific research, devel8 opment, test and evaluation; advanced research projects

9 as may be designated and determined by the Secretary

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

11 lease, and operation of facilities and equipment;

12 $9,190,092,000, to remain available for obligation until

13 September 30, 1998.

14 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

15 For expenses, not otherwise provided for, of inde16 pendent activities of the Director, Test and Evaluation in

17 the direction and supervision of developmental test and

18 evaluation, including performance and joint developmental

19 testing and evaluation; and administrative expenses in

20 connection therewith; $269,038,000, to remain available

21 for obligation until September 30, 1998.

22 OPERATIONAL TEST AND EVALUATION, DEFENSE

23 For expenses, not otherwise provided for, necessary

24 for the independent activities of the Director, Operational

25 Test and Evaluation in the direction and supervision of
31

S. 1894 PCS

1 operational test and evaluation, including initial oper2 ational test and evaluation which is conducted prior to,

3 and in support of, production decisions; joint operational

4 testing and evaluation; and administrative expenses in

5 connection therewith; $21,968,000, to remain available for

6 obligation until September 30, 1998.

7 TITLE V

8 REVOLVING AND MANAGEMENT FUNDS

9 DEFENSE BUSINESS OPERATIONS FUND

10 For the Defense Business Operations Fund;

11 $947,900,000.

12 NATIONAL DEFENSE SEALIFT FUND

13 For National Defense Sealift Fund programs,

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

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

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

17 $1,093,002,000, to remain available until expended: Pro18 vided, That none of the funds provided in this paragraph

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

20 the acquisition of any of the following major components

21 unless such components are manufactured in the United

22 States: auxiliary equipment, including pumps, for all ship23 board services; propulsion system components (that is; en24 gines, reduction gears, and propellers); shipboard cranes;

25 and spreaders for shipboard cranes: Provided further, That
32

S. 1894 PCS

1 the exercise of an option in a contract awarded through

2 the obligation of previously appropriated funds shall not

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

4 further, That the Secretary of the military department re5 sponsible for such procurement may waive these restric6 tions on a case-by-case basis by certifying in writing to

7 the Committees on Appropriations of the House of Rep8 resentatives and the Senate, that adequate domestic sup9 plies are not available to meet Department of Defense re10 quirements on a timely basis and that such an acquisition

11 must be made in order to acquire capability for national

12 security purposes.

13 TITLE VI

14 OTHER DEPARTMENT OF DEFENSE PROGRAMS

15 DEFENSE HEALTH PROGRAM

16 For expenses, not otherwise provided for, for medical

17 and health care programs of the Department of Defense,

18 as authorized by law; $10,256,108,000, of which

19 $9,936,638,000 shall be for Operation and maintenance,

20 and of which $319,470,000, to remain available for obliga21 tion until September 30, 1999, shall be for Procurement:

22 Provided, That of the funds appropriated under this head23 ing, $14,500,000 shall be made available for obtaining

24 emergency communications services for members of the
33

S. 1894 PCS

1 Armed Forces and their families from the American Na2 tional Red Cross.

3 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

4 DEFENSE

5 For expenses, not otherwise provided for, necessary

6 for the destruction of the United States stockpile of lethal

7 chemical agents and munitions in accordance with the pro8 visions of section 1412 of the Department of Defense Au9 thorization Act, 1986 (50 U.S.C. 1521), and for the de10 struction of other chemical warfare materials that are not

11 in the chemical weapon stockpile, $758,447,000, of which

12 $478,947,000 shall be for Operation and maintenance,

13 $191,200,000 shall be for Procurement to remain avail14 able until September 30, 1999, and $88,300,000 shall be

15 for Research, development, test and evaluation to remain

16 available until September 30, 1998.

17 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

18 DEFENSE

19 (INCLUDING TRANSFER OF FUNDS)

20 For drug interdiction and counter-drug activities of

21 the Department of Defense, for transfer to appropriations

22 available to the Department of Defense for military per23 sonnel of the reserve components serving under the provi24 sions of title 10 and title 32, United States Code; for Op25 eration and maintenance; for Procurement; and for Re-
34

S. 1894 PCS

1 search, development, test and evaluation; $789,024,000:

2 Provided, That the funds appropriated by this paragraph

3 shall be available for obligation for the same time period

4 and for the same purpose as the appropriation to which

5 transferred: Provided further, That the transfer authority

6 provided in this paragraph is in addition to any transfer

7 authority contained elsewhere in this Act.

8 OFFICE OF THE INSPECTOR GENERAL

9 For expenses and activities of the Office of the In10 spector General in carrying out the provisions of the In11 spector General Act of 1978, as amended; $139,157,000,

12 of which $137,157,000 shall be for Operation and mainte13 nance, of which not to exceed $500,000 is available for

14 emergencies and extraordinary expenses to be expended on

15 the approval or authority of the Inspector General, and

16 payments may be made on his certificate of necessity for

17 confidential military purposes; and of which $2,000,000,

18 to remain available until September 30, 1999, shall be for

19 Procurement.

20 TITLE VII

21 RELATED AGENCIES

22 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

23 DISABILITY SYSTEM FUND

24 For payment to the Central Intelligence Agency Re25 tirement and Disability System Fund, to maintain proper
35

S. 1894 PCS

1 funding level for continuing the operation of the Central

2 Intelligence Agency Retirement and Disability System;

3 $184,200,000.

4 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

5 For necessary expenses of the Intelligence Commu6 nity Management Account; $94,739,000.

7 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE8 MEDIATION, AND ENVIRONMENTAL RESTORATION

9 FUND

10 For payment to Kaho’olawe Island Conveyance, Re11 mediation, and Environmental Restoration Fund, as au12 thorized by law; $10,000,000, to remain available until ex13 pended.

14 NATIONAL SECURITY EDUCATION TRUST FUND

15 For the purposes of title VIII of Public Law 102–

16 183, $5,100,000, to be derived from the National Security

17 Education Trust Fund, to remain available until ex18 pended.

19 TITLE VIII

20 GENERAL PROVISIONS

21 SEC. 8001. No part of any appropriation contained

22 in this Act shall be used for publicity or propaganda pur23 poses not authorized by the Congress.

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

25 of law prohibiting the payment of compensation to, or em-
36

S. 1894 PCS

1 ployment of, any person not a citizen of the United States

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

3 Provided, That salary increases granted to direct and indi4 rect hire foreign national employees of the Department of

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

6 of the percentage increase authorized by law for civilian

7 employees of the Department of Defense whose pay is

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

9 United States Code, or at a rate in excess of the percent10 age increase provided by the appropriate host nation to

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

12 That this section shall not apply to Department of De13 fense foreign service national employees serving at United

14 States diplomatic missions whose pay is set by the Depart15 ment of State under the Foreign Service Act of 1980: Pro16 vided further, That the limitations of this provision shall

17 not apply to foreign national employees of the Department

18 of Defense in the Republic of Turkey.

19 SEC. 8003. No part of any appropriation contained

20 in this Act shall remain available for obligation beyond

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

22 SEC. 8004. No more than 20 per centum of the ap23 propriations in this Act which are limited for obligation

24 during the current fiscal year shall be obligated during

25 the last two months of the fiscal year: Provided, That this
37

S. 1894 PCS

1 section shall not apply to obligations for support of active

2 duty training of reserve components or summer camp

3 training of the Reserve Officers’ Training Corps.

4 (TRANSFER OF FUNDS)

5 SEC. 8005. Upon determination by the Secretary of

6 Defense that such action is necessary in the national inter7 est, he may, with the approval of the Office of Manage8 ment and Budget, transfer not to exceed $1,200,000,000

9 of working capital funds of the Department of Defense

10 or funds made available in this Act to the Department

11 of Defense for military functions (except military con12 struction) between such appropriations or funds or any

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

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

15 the appropriation or fund to which transferred: Provided,

16 That such authority to transfer may not be used unless

17 for higher priority items, based on unforeseen military re18 quirements, than those for which originally appropriated

19 and in no case where the item for which funds are re20 quested has been denied by Congress: Provided further,

21 That the Secretary of Defense shall notify the Congress

22 promptly of all transfers made pursuant to this authority

23 or any other authority in this Act: Provided further, That

24 no part of the funds in this Act shall be available to pre25 pare or present a request to the Committees on Appropria-
38

S. 1894 PCS

1 tions for reprogramming of funds, unless for higher prior2 ity items, based on unforeseen military requirements, than

3 those for which originally appropriated and in no case

4 where the item for which reprogramming is requested has

5 been denied by the Congress.

6 (TRANSFER OF FUNDS)

7 SEC. 8006. During the current fiscal year, cash bal8 ances in working capital funds of the Department of De9 fense established pursuant to section 2208 of title 10,

10 United States Code, may be maintained in only such

11 amounts as are necessary at any time for cash disburse12 ments to be made from such funds: Provided, That trans13 fers may be made between such funds and the ‘‘Foreign

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

15 Maintenance’’ appropriation accounts in such amounts as

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

17 approval of the Office of Management and Budget, except

18 that such transfers may not be made unless the Secretary

19 of Defense has notified the Congress of the proposed

20 transfer. Except in amounts equal to the amounts appro21 priated to working capital funds in this Act, no obligations

22 may be made against a working capital fund to procure

23 or increase the value of war reserve material inventory,

24 unless the Secretary of Defense has notified the Congress

25 prior to any such obligation.
39

S. 1894 PCS

1 SEC. 8007. Funds appropriated by this Act may not

2 be used to initiate a special access program without prior

3 notification 30 calendar days in session in advance to the

4 congressional defense committees.

5 SEC. 8008. None of the funds contained in this Act

6 available for the Civilian Health and Medical Program of

7 the Uniformed Services shall be available for payments to

8 physicians and other non-institutional health care provid9 ers in excess of the amounts allowed in fiscal year 1996

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

11 the Secretary of Defense determines an increase is justi12 fied by economic circumstances, the allowable amounts

13 may be increased in accordance with appropriate economic

14 index data similar to that used pursuant to title XVIII

15 of the Social Security Act; and (b) for services the Sec16 retary determines are overpriced based on allowable pay17 ments under title XVIII of the Social Security Act, the

18 allowable amounts shall be reduced by not more than 15

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

20 Secretary determines that it would impair adequate access

21 to health care services for beneficiaries). The Secretary

22 shall solicit public comment prior to promulgating regula23 tions to implement this section. Such regulations shall in24 clude a limitation, similar to that used under title XVIII

25 of the Social Security Act, on the extent to which a pro-
40

S. 1894 PCS

1 vider may bill a beneficiary an actual charge in excess of

2 the allowable amount.

3 SEC. 8009. None of the funds provided in this Act

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

5 employs economic order quantity procurement in excess of

6 $20,000,000 in any one year of the contract or that in7 cludes an unfunded contingent liability in excess of

8 $20,000,000, or (2) a contract for advance procurement

9 leading to a multiyear contract that employs economic

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

11 any one year, unless the congressional defense committees

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

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

14 appropriation contained in this Act shall be available to

15 initiate a multiyear contract for which the economic order

16 quantity advance procurement is not funded at least to

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

18 That no part of any appropriation contained in this Act

19 shall be available to initiate multiyear procurement con20 tracts for any systems or component thereof if the value

21 of the multiyear contract would exceed $500,000,000 un22 less specifically provided in this Act: Provided further,

23 That no multiyear procurement contract can be termi24 nated without 10-day prior notification to the congres25 sional defense committees: Provided further, That the exe-
41

S. 1894 PCS

1 cution of multiyear authority shall require the use of a

2 present value analysis to determine lowest cost compared

3 to an annual procurement.

4 Funds appropriated in title III of this Act may be

5 used for multiyear procurement contracts as follows:

6 Javelin missiles;

7 Arleigh Burke (DDG–51) class destroyers;

8 MK19–3 grenade machine guns;

9 M16A2 rifles;

10 M249 Squad Automatic Weapons;

11 M4 carbine rifles; and

12 M240B machine guns.

13 SEC. 8010. Within the funds appropriated for the op14 eration and maintenance of the Armed Forces, funds are

15 hereby appropriated pursuant to section 401 of title 10,

16 United States Code, for humanitarian and civic assistance

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

18 Such funds may also be obligated for humanitarian and

19 civic assistance costs incidental to authorized operations

20 and pursuant to authority granted in section 401 of chap21 ter 20 of title 10, United States Code, and these obliga22 tions shall be reported to Congress on September 30 of

23 each year: Provided, That funds available for operation

24 and maintenance shall be available for providing humani25 tarian and similar assistance by using Civic Action Teams
42

S. 1894 PCS

1 in the Trust Territories of the Pacific Islands and freely

2 associated states of Micronesia, pursuant to the Compact

3 of Free Association as authorized by Public Law 99–239:

4 Provided further, That upon a determination by the Sec5 retary of the Army that such action is beneficial for grad6 uate medical education programs conducted at Army med7 ical facilities located in Hawaii, the Secretary of the Army

8 may authorize the provision of medical services at such

9 facilities and transportation to such facilities, on a non10 reimbursable basis, for civilian patients from American

11 Samoa, the Commonwealth of the Northern Mariana Is12 lands, the Marshall Islands, the Federated States of Mi13 cronesia, Palau, and Guam.

14 SEC. 8011. (a) During fiscal year 1997, the civilian

15 personnel of the Department of Defense may not be man16 aged on the basis of any end-strength, and the manage17 ment of such personnel during that fiscal year shall not

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

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

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

21 (b) The fiscal year 1998 budget request for the De22 partment of Defense as well as all justification material

23 and other documentation supporting the fiscal year 1998

24 Department of Defense budget request shall be prepared

25 and submitted to the Congress as if subsections (a) and
43

S. 1894 PCS

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

2 year 1998.

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

4 to military (civilian) technicians.

5 SEC. 8012. Notwithstanding any other provision of

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

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

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

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

10 workyears shall be applied as defined in the Federal Per11 sonnel Manual: Provided further, That workyears ex12 pended in dependent student hiring programs for dis13 advantaged youths shall not be included in this workyear

14 limitation.

15 SEC. 8013. None of the funds made available by this

16 Act shall be used in any way, directly or indirectly, to in17 fluence congressional action on any legislation or appro18 priation matters pending before the Congress.

19 SEC. 8014. (a) None of the funds appropriated by

20 this Act shall be used to make contributions to the Depart21 ment of Defense Education Benefits Fund pursuant to

22 section 2006(g) of title 10, United States Code, represent23 ing the normal cost for future benefits under section

24 3015(c) of title 38, United States Code, for any member
44

S. 1894 PCS

1 of the armed services who, on or after the date of enact2 ment of this Act—

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

4 active duty of less than three years; or

5 (2) receives an enlistment bonus under section

6 308a or 308f of title 37, United States Code,

7 nor shall any amounts representing the normal cost of

8 such future benefits be transferred from the Fund by the

9 Secretary of the Treasury to the Secretary of Veterans

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

11 States Code; nor shall the Secretary of Veterans Affairs

12 pay such benefits to any such member: Provided, That in

13 the case of a member covered by clause (1), these limita14 tions shall not apply to members in combat arms skills

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

16 July 1, 1989, under a program continued or established

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

18 the cost-effective use of special recruiting incentives in19 volving not more than nineteen noncombat arms skills ap20 proved in advance by the Secretary of Defense: Provided

21 further, That this subsection applies only to active compo22 nents of the Army.

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

24 be available for the basic pay and allowances of any mem25 ber of the Army participating as a full-time student and
45

S. 1894 PCS

1 receiving benefits paid by the Secretary of Veterans Af2 fairs from the Department of Defense Education Benefits

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

4 toward completion of a service commitment: Provided,

5 That this subsection shall not apply to those members who

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

7 Provided further, That this subsection applies only to ac8 tive components of the Army.

9 SEC. 8015. None of the funds appropriated by this

10 Act shall be available to convert to contractor performance

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

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

13 by more than ten Department of Defense civilian employ14 ees until a most efficient and cost-effective organization

15 analysis is completed on such activity or function and cer16 tification of the analysis is made to the Committees on

17 Appropriations of the House of Representatives and the

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

19 commercial or industrial type function of the Department

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

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

22 1938 (41 U.S.C. 47), popularly referred to as the Javits23 Wagner-O’Day Act; (2) is planned to be converted to per24 formance by a qualified nonprofit agency for the blind or

25 by a qualified nonprofit agency for other severely handi-
46

S. 1894 PCS

1 capped individuals in accordance with that Act; or (3) is

2 planned to be converted to performance by a qualified firm

3 under 51 percent Native American ownership.

4 (TRANSFER OF FUNDS)

5 SEC. 8016. Funds appropriated in title III of this Act

6 for the Department of Defense Pilot Mentor-Protege Pro7 gram may be transferred to any other appropriation con8 tained in this Act solely for the purpose of implementing

9 a Mentor-Protege Program developmental assistance

10 agreement pursuant to section 831 of the National De11 fense Authorization Act for Fiscal Year 1991 (Public Law

12 101–510; 10 U.S.C. 2301 note), as amended, under the

13 authority of this provision or any other transfer authority

14 contained in this Act.

15 SEC. 8017. For fiscal year 1997, the total amount

16 appropriated in this Act to fund the Uniformed Services

17 Treatment Facilities program, operated pursuant to sec18 tion 911 of Public Law 97–99 (42 U.S.C. 248c), shall not

19 exceed $331,380,000.

20 SEC. 8018. None of the funds appropriated by this

21 Act available for the Civilian Health and Medical Program

22 of the Uniformed Services (CHAMPUS) shall be available

23 for the reimbursement of any health care provider for in24 patient mental health service for care received when a pa25 tient is referred to a provider of inpatient mental health
47

S. 1894 PCS

1 care or residential treatment care by a medical or health

2 care professional having an economic interest in the facil3 ity to which the patient is referred: Provided, That this

4 limitation does not apply in the case of inpatient mental

5 health services provided under the program for the handi6 capped under subsection (d) of section 1079 of title 10,

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

8 provided pursuant to a waiver authorized by the Secretary

9 of Defense because of medical or psychological cir10 cumstances of the patient that are confirmed by a health

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

12 pursuant to rules prescribed by the Secretary, which takes

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

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

15 availability of that care.

16 SEC. 8019. Funds available in this Act may be used

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

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

19 the Vietnam era to an annual meeting in the United

20 States, under such regulations as the Secretary of Defense

21 may prescribe.

22 SEC. 8020. Notwithstanding any other provision of

23 law, during the current fiscal year, the Secretary of De24 fense may, by Executive Agreement, establish with host

25 nation governments in NATO member states a separate
48

S. 1894 PCS

1 account into which such residual value amounts negotiated

2 in the return of United States military installations in

3 NATO member states may be deposited, in the currency

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

5 the United States Treasury: Provided, That such credits

6 may be utilized only for the construction of facilities to

7 support United States military forces in that host nation,

8 or such real property maintenance and base operating

9 costs that are currently executed through monetary trans10 fers to such host nations: Provided further, That the De11 partment of Defense’s budget submission for fiscal year

12 1998 shall identify such sums anticipated in residual value

13 settlements, and identify such construction, real property

14 maintenance or base operating costs that shall be funded

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

16 That all military construction projects to be executed from

17 such accounts must be previously approved in a prior Act

18 of Congress: Provided further, That each such Executive

19 Agreement with a NATO member host nation shall be re20 ported to the congressional defense committees, the Com21 mittee on International Relations of the House of Rep22 resentatives and the Committee on Foreign Relations of

23 the Senate thirty days prior to the conclusion and endorse24 ment of any such agreement established under this provi25 sion.
49

S. 1894 PCS

1 SEC. 8021. None of the funds available to the De2 partment of Defense may be used to demilitarize or dis3 pose of any M–1 Carbines, M–1 Garand rifles, M–14 ri4 fles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols.

5 SEC. 8022. Notwithstanding any other provision of

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

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

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

9 Code, in a lump sum.

10 SEC. 8023. Of the funds made available by this Act

11 in title III, Procurement, $8,000,000, drawn pro rata

12 from each appropriations account in title III, shall be

13 available for incentive payments authorized by section 504

14 of the Indian Financing Act of 1974, 25 U.S.C. 1544.

15 These payments shall be available only to contractors

16 which have submitted subcontracting plans pursuant to 15

17 U.S.C. 637(d), and according to regulations which shall

18 be promulgated by the Secretary of Defense within 90

19 days of the passage of this Act.

20 SEC. 8024. During the current fiscal year, none of

21 the funds available to the Department of Defense may be

22 used to procure or acquire (1) defensive handguns unless

23 such handguns are the M9 or M11 9 mm Department of

24 Defense standard handguns, or (2) offensive handguns ex25 cept for the Special Operations Forces: Provided, That the
50

S. 1894 PCS

1 foregoing shall not apply to handguns and ammunition for

2 marksmanship competitions.

3 SEC. 8025. No more than $500,000 of the funds ap4 propriated or made available in this Act shall be used for

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

6 function of the Department of Defense into or within the

7 National Capital Region: Provided, That the Secretary of

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

9 90 days after certifying in writing to the Congressional

10 defense committees that such a relocation is required in

11 the best interest of the Government.

12 SEC. 8026. During the current fiscal year, funds ap13 propriated or otherwise available for any Federal agency,

14 the Congress, the judicial branch, or the District of Co15 lumbia may be used for the pay, allowances, and benefits

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

17 an individual employed by the government of the District

18 of Columbia, permanent or temporary indefinite, who—

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

20 Armed Forces, as described in section 261 of title

21 10, or the National Guard, as described in section

22 101 of title 32;

23 (2) performs, for the purpose of providing mili24 tary aid to enforce the law or providing assistance
51

S. 1894 PCS

1 to civil authorities in the protection or saving of life

2 or property or prevention of injury—

3 (A) Federal service under sections 331,

4 332, 333, or 12406 of title 10, or other provi5 sion of law, as applicable, or

6 (B) full-time military service for his or her

7 State, the District of Columbia, the Common8 wealth of Puerto Rico, or a territory of the

9 United States; and

10 (3) requests and is granted—

11 (A) leave under the authority of this sec12 tion; or

13 (B) annual leave, which may be granted

14 without regard to the provisions of sections

15 5519 and 6323(b) of title 5, if such employee

16 is otherwise entitled to such annual leave:

17 Provided, That any employee who requests leave under

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

19 of this section is entitled to such leave, subject to the pro20 visions of this section and of the last sentence of section

21 6323(b) of title 5, and such leave shall be considered leave

22 under section 6323(b) of title 5.

23 SEC. 8027. None of the funds appropriated by this

24 Act shall be available to perform any cost study pursuant

25 to the provisions of OMB Circular A–76 if the study being
52

S. 1894 PCS

1 performed exceeds a period of twenty-four months after

2 initiation of such study with respect to a single function

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

4 for a multi-function activity.

5 SEC. 8028. Funds appropriated by this Act for the

6 American Forces Information Service shall not be used for

7 any national or international political or psychological ac8 tivities.

9 SEC. 8029. Notwithstanding any other provision of

10 law or regulation, the Secretary of Defense may adjust

11 wage rates for civilian employees hired for certain health

12 care occupations as authorized for the Secretary of Veter13 ans Affairs by section 7455 of title 38, United States

14 Code.

15 SEC. 8030. None of the funds appropriated or made

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

17 the operation of the 53rd Weather Reconnaissance Squad18 ron of the Air Force Reserve, if such action would reduce

19 the WC–130 Weather Reconnaissance mission below the

20 levels funded in this Act.

21 SEC. 8031. (a) Of the funds for the procurement of

22 supplies or services appropriated by this Act, qualified

23 nonprofit agencies for the blind or other severely handi24 capped shall be afforded the maximum practicable oppor25 tunity to participate as subcontractors and suppliers in the
53

S. 1894 PCS

1 performance of contracts let by the Department of De2 fense.

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

4 which has negotiated with a military service or defense

5 agency a subcontracting plan for the participation by

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

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

8 credit toward meeting that subcontracting goal for any

9 purchases made from qualified nonprofit agencies for the

10 blind or other severely handicapped.

11 (c) For the purpose of this section, the phrase ‘‘quali12 fied nonprofit agency for the blind or other severely handi13 capped’’ means a nonprofit agency for the blind or other

14 severely handicapped that has been approved by the Com15 mittee for the Purchase from the Blind and Other Severely

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

17 U.S.C. 46–48).

18 SEC. 8032. During the current fiscal year, net re19 ceipts pursuant to collections from third party payers pur20 suant to section 1095 of title 10, United States Code, shall

21 be made available to the local facility of the uniformed

22 services responsible for the collections and shall be over

23 and above the facility’s direct budget amount.

24 SEC. 8033. During the current fiscal year, the De25 partment of Defense is authorized to incur obligations of
54

S. 1894 PCS

1 not to exceed $350,000,000 for purposes specified in sec2 tion 2350j(c) of title 10, United States Code, in anticipa3 tion of receipt of contributions, only from the Government

4 of Kuwait, under that section: Provided, That, upon re5 ceipt, such contributions from the Government of Kuwait

6 shall be credited to the appropriation or fund which in7 curred such obligations.

8 SEC. 8034. Of the funds made available in this Act,

9 not less than $22,700,000 shall be available for the Civil

10 Air Patrol, of which $19,000,000 shall be available for Op11 eration and Maintenance.

12 SEC. 8035. None of the funds in this or any other

13 Act shall be available for the preparation of studies on—

14 (a) the feasibility of removal and transportation

15 of unitary chemical weapons or agents from the

16 eight chemical storage sites within the continental

17 United States to Johnston Atoll: Provided, That this

18 prohibition shall not apply to General Accounting

19 Office studies requested by a Member of Congress or

20 a Congressional Committee; and

21 (b) the potential future uses of the nine chemi22 cal disposal facilities other than for the destruction

23 of stockpile chemical munitions and as limited by

24 section 1412(c)(2), Public Law 99–145: Provided,
55

S. 1894 PCS

1 That this prohibition does not apply to future use

2 studies for the CAMDS facility at Tooele, Utah.

3 SEC. 8036. None of the funds appropriated by this

4 Act shall be used for the support of any nonappropriated

5 funds activity of the Department of Defense that procures

6 malt beverages and wine with nonappropriated funds for

7 resale (including such alcoholic beverages sold by the

8 drink) on a military installation located in the United

9 States unless such malt beverages and wine are procured

10 within that State, or in the case of the District of Colum11 bia, within the District of Columbia, in which the military

12 installation is located: Provided, That in a case in which

13 the military installation is located in more than one State,

14 purchases may be made in any State in which the installa15 tion is located: Provided further, That such local procure16 ment requirements for malt beverages and wine shall

17 apply to all alcoholic beverages only for military installa18 tions in States which are not contiguous with another

19 State: Provided further, That alcoholic beverages other

20 than wine and malt beverages, in contiguous States and

21 the District of Columbia shall be procured from the most

22 competitive source, price and other factors considered.

23 SEC. 8037. For the purposes of this Act, the term

24 ‘‘congressional defense committees’’ means the National

25 Security Committee of the House of Representatives, the
56

S. 1894 PCS

1 Armed Services Committee of the Senate, the subcommit2 tee on Defense of the Committee on Appropriations of the

3 Senate, and the subcommittee on National Security of the

4 Committee on Appropriations of the House of Representa5 tives.

6 SEC. 8038. Notwithstanding any other provision of

7 law, during the current fiscal year, the Department of De8 fense may acquire the modification, depot maintenance

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

10 production of components and other Defense-related arti11 cles, through competition between Department of Defense

12 depot maintenance activities and private firms: Provided,

13 That the Senior Acquisition Executive of the military de14 partment or defense agency concerned, with power of dele15 gation, shall certify that successful bids include com16 parable estimates of all direct and indirect costs for both

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

18 Management and Budget Circular A–76 shall not apply

19 to competitions conducted under this section.

20 SEC. 8039. (a)(1) If the Secretary of Defense, after

21 consultation with the United States Trade Representative,

22 determines that a foreign country which is party to an

23 agreement described in paragraph (2) has violated the

24 terms of the agreement by discriminating against certain

25 types of products produced in the United States that are
57

S. 1894 PCS

1 covered by the agreement, the Secretary of Defense shall

2 rescind the Secretary’s blanket waiver of the Buy Amer3 ican Act with respect to such types of products produced

4 in that foreign country.

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

6 reciprocal defense procurement memorandum of under7 standing, between the United States and a foreign country

8 pursuant to which the Secretary of Defense has prospec9 tively waived the Buy American Act for certain products

10 in that country.

11 (b) The Secretary of Defense shall submit to Con12 gress a report on the amount of Department of Defense

13 purchases from foreign entities in fiscal year 1997. Such

14 report shall separately indicate the dollar value of items

15 for which the Buy American Act was waived pursuant to

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

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

18 international agreement to which the United States is a

19 party.

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

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

22 making appropriations for the Treasury and Post Office

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

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

25 U.S.C. 10a et seq.).
58

S. 1894 PCS

1 SEC. 8040. Appropriations contained in this Act that

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

3 a result of energy cost savings realized by the Department

4 of Defense shall remain available for obligation for the

5 next fiscal year to the extent, and for the purposes, pro6 vided in section 2865 of title 10, United States Code.

7 SEC. 8041. During the current fiscal year and here8 after, voluntary separation incentives payable under 10

9 U.S.C. 1175 may be paid in such amounts as are nec10 essary from the assets of the Voluntary Separation Incen11 tive Fund established by section 1175(h)(1).

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8042. Amounts deposited during the current fis14 cal year to the special account established under 40 U.S.C.

15 485(h)(2) and to the special account established under 10

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

17 until transferred by the Secretary of Defense to current

18 applicable appropriations or funds of the Department of

19 Defense under the terms and conditions specified by 40

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

21 2667(d)(1)(B), to be merged with and to be available for

22 the same time period and the same purposes as the appro23 priation to which transferred.

24 SEC. 8043. During the current fiscal year, appropria25 tions available to the Department of Defense may be used
59

S. 1894 PCS

1 to reimburse a member of a reserve component of the

2 Armed Forces who is not otherwise entitled to travel and

3 transportation allowances and who occupies transient gov4 ernment housing while performing active duty for training

5 or inactive duty training: Provided, That such members

6 may be provided lodging in kind if transient government

7 quarters are unavailable as if the member was entitled to

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

9 37, United States Code: Provided further, That if lodging

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

11 of such lodging may be paid directly from funds appro12 priated for operation and maintenance of the reserve com13 ponent of the member concerned.

14 SEC. 8044. Notwithstanding any other provision of

15 law, funds available for ‘‘Drug Interdiction and Counter16 Drug Activities, Defense’’ may be obligated for the Young

17 Marines program.

18 SEC. 8045. During the current fiscal year, amounts

19 contained in the Department of Defense Overseas Military

20 Facility Investment Recovery Account established by sec21 tion 2921(c)(1) of the National Defense Authorization Act

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

23 be available until expended for the payments specified by

24 section 2921(c)(2) of that Act.
60

S. 1894 PCS

1 SEC. 8046. During the current fiscal year and here2 after, annual payments granted under the provisions of

3 section 4416 of the National Defense Authorization Act

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

5 2714) shall be made from appropriations in this Act which

6 are available for the pay of reserve component personnel.

7 SEC. 8047. Of the funds appropriated or otherwise

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

9 shall be available for payment of the operating costs of

10 NATO Headquarters: Provided, That the Secretary of De11 fense may waive this section for Department of Defense

12 support provided to NATO forces in and around the

13 former Yugoslavia.

14 SEC. 8048. During the current fiscal year, appropria15 tions which are available to the Department of Defense

16 for operation and maintenance may be used to purchase

17 items having an investment item unit cost of not more

18 than $100,000.

19 SEC. 8049. During the current fiscal year and here20 after, appropriations available for the pay and allowances

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

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

24 note) under the terms and conditions provided in section

25 4403.
61

S. 1894 PCS

1 SEC. 8050. (a) During the current fiscal year, none

2 of the appropriations or funds available to the Defense

3 Business Operations Fund shall be used for the purchase

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

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

7 of the Defense Business Operations Fund if such an item

8 would not have been chargeable to the Defense Business

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

12 Department of Defense for procurement.

13 (b) The fiscal year 1998 budget request for the De14 partment of Defense as well as all justification material

15 and other documentation supporting the fiscal year 1998

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

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

20 budgeted for in a proposed fiscal year 1998 procurement

21 appropriation and not in the supply management business

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

23 Operations Fund.

24 SEC. 8051. None of the funds provided in this Act

25 shall be available for use by a Military Department to
62

S. 1894 PCS

1 modify an aircraft, weapon, ship or other item of equip2 ment, that the Military Department concerned plans to

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

5 shall not apply to safety modifications: Provided further,

6 That this prohibition may be waived by the Secretary of

7 a Military Department if the Secretary determines it is

8 in the best national security interest of the United States

9 to provide such waiver and so notifies the congressional

10 defense committees in writing.

11 SEC. 8052. None of the funds appropriated by this

12 Act for programs of the Central Intelligence Agency shall

13 remain available for obligation beyond the current fiscal

14 year, except for funds appropriated for the Reserve for

15 Contingencies, which shall remain available until Septem16 ber 30, 1998.

17 SEC. 8053. Notwithstanding any other provision of

18 law, funds made available in this Act for the Defense In19 telligence Agency may be used for the design, develop20 ment, and deployment of General Defense Intelligence

21 Program intelligence communications and intelligence in22 formation systems for the Services, the Unified and Speci23 fied Commands, and the component commands.

24 SEC. 8054. Of the funds appropriated to the Depart25 ment of Defense under the heading ‘‘Operation and Main-
63

S. 1894 PCS

1 tenance, Defense-Wide’’, not less than $8,000,000 shall be

2 made available only for the mitigation of environmental

3 impacts, including training and technical assistance to

4 tribes, related administrative support, the gathering of in5 formation, documenting of environmental damage, and de6 veloping a system for prioritization of mitigation, on In7 dian lands resulting from Department of Defense activi8 ties.

9 SEC. 8055. Amounts collected for the use of the fa10 cilities of the National Science Center for Communications

11 and Electronics during the current fiscal year pursuant

12 to section 1459(g) of the Department of Defense Author13 ization Act, 1986 and deposited to the special account es14 tablished under subsection 1459(g)(2) of that Act are ap15 propriated and shall be available until expended for the

16 operation and maintenance of the Center as provided for

17 in subsection 1459(g)(2).

18 SEC. 8056. None of the funds appropriated in this

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

20 military medical facility with a health care professional

21 unless the prospective candidate can demonstrate profes22 sional administrative skills.

23 SEC. 8057. None of the funds appropriated in this

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

25 Defense unless the entity, in expending the funds, com-
64

S. 1894 PCS

1 plies with the Buy American Act. For purposes of this

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

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

4 Treasury and Post Office Departments for the fiscal year

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

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

7 SEC. 8058. None of the funds appropriated by this

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

9 or consulting services entered into without competition on

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

11 activity responsible for the procurement determines—

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

13 only one source is found fully qualified to perform

14 the proposed work, or

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

16 unsolicited proposal which offers significant sci17 entific or technological promise, represents the prod18 uct of original thinking, and was submitted in con19 fidence by one source, or

20 (3) the purpose of the contract is to take ad21 vantage of unique and significant industrial accom22 plishment by a specific concern, or to insure that a

23 new product or idea of a specific concern is given fi24 nancial support:
65

S. 1894 PCS

1 Provided, That this limitation shall not apply to contracts

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

3 improvements of equipment that is in development or pro4 duction, or contracts as to which a civilian official of the

5 Department of Defense, who has been confirmed by the

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

7 the interest of the national defense.

8 SEC. 8059. Of the funds provided in title VI, under

9 the heading ‘‘Chemical Agents and Munitions Destruction,

10 Defense’’, $40,000,000 shall only be available for the initi11 ation of a pilot program to identify and demonstrate not

12 less than two alternatives to the baseline incineration proc13 ess for the demilitarization of assembled chemical muni14 tions: Provided, That the Under Secretary of Defense for

15 Acquisition and Technology shall, not later than Novem16 ber 1, 1996, designate a program executive officer to carry

17 out the pilot program who is not, nor has been, in direct

18 or immediate control of the baseline reverse assembly in19 cineration demilitarization program: Provided further,

20 That the Under Secretary of Defense for Acquisition and

21 Technology shall evaluate the effectiveness of each alter22 native chemical munitions demilitarization technology

23 identified and demonstrated under the pilot program to

24 demilitarize assembled chemical munitions while meeting

25 all applicable Federal and State environmental and safety
66

S. 1894 PCS

1 requirements: Provided further, That the Under Secretary

2 of Defense for Acquisition and Technology shall transmit,

3 by December 15 of each year, a report to the congressional

4 defense committees on the activities carried out under the

5 pilot program during the preceding fiscal year in which

6 the report is to be made: Provided further, That no funds

7 may be obligated for the initiation of construction of a

8 baseline incineration facility at the Lexington Blue Grass

9 Army Depot or the Pueblo Depot activity until 180 days

10 after the Secretary of Defense has submitted to the con11 gressional defense committees a report detailing the effec12 tiveness of each alternative chemical munitions demili13 tarization technology identified and demonstrated under

14 the pilot program and its ability to meet the applicable

15 safety and environmental requirements.

16 SEC. 8060. Notwithstanding any other provision of

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

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

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

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

21 uniformed service if such indebtedness, as determined by

22 the Secretary, was incurred in connection with Operation

23 Desert Shield/Storm: Provided, That the amount of an in24 debtedness previously paid by a member or former mem-
67

S. 1894 PCS

1 ber and canceled under this section shall be refunded to

2 the member.

3 SEC. 8061. Notwithstanding any other provision of

4 law, the Department of Defense is authorized to enter into

5 interim leasing arrangements for the Naval Air Facility,

6 Adak, for commercial reutilization of Department of De7 fense infrastructure and facilities consistent with the 1990

8 Defense Base Closure and Realignment Commission Act

9 of 1990 (Public Law 101–510, as amended).

10 (RESCISSIONS)

11 SEC. 8062. Of the funds provided in Department of

12 Defense Appropriations Acts, the following funds are here13 by rescinded from the following accounts in the specified

14 amounts:

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

16 $31,900,000;

17 ‘‘Missile Procurement, Air Force, 1996/1998’’,

18 $20,000,000;

19 ‘‘Research, Development, Test and Evaluation,

20 Air Force, 1996/1997’’, $75,000,000.

21 SEC. 8063. Of the funds appropriated in the Depart22 ment of Defense Appropriations Act, 1996 (Public Law

23 104–61), under the heading ‘‘Other Procurement, Army’’,

24 the Department of the Army shall grant $477,000 to the

25 Kansas Unified School District 207 for the purpose of in-
68

S. 1894 PCS

1 tegrating schools at Fort Leavenworth into the existing

2 fiber optic network on post.

3 SEC. 8064. None of the funds available in this Act

4 may be used to reduce the authorized positions for mili5 tary (civilian) technicians of the Army National Guard,

6 the Air National Guard, Army Reserve and Air Force Re7 serve for the purpose of applying any administratively im8 posed civilian personnel ceiling, freeze, or reduction on

9 military (civilian) technicians, unless such reductions are

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

11 SEC. 8065. None of the funds appropriated or other12 wise made available in this Act may be obligated or ex13 pended for assistance to the Democratic People’s Republic

14 of North Korea unless specifically appropriated for that

15 purpose.

16 SEC. 8066. During the current fiscal year, funds ap17 propriated in this Act are available to compensate mem18 bers of the National Guard for duty performed pursuant

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

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

21 United States Code: Provided, That during the perform22 ance of such duty, the members of the National Guard

23 shall be under State command and control: Provided fur24 ther, That such duty shall be treated as full-time National
69

S. 1894 PCS

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

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

3 SEC. 8067. Funds appropriated in this Act for oper4 ation and maintenance of the Military Departments, Uni5 fied and Specified Commands and Defense Agencies shall

6 be available for reimbursement of pay, allowances and

7 other expenses which would otherwise be incurred against

8 appropriations for the National Guard and Reserve when

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

11 and Joint Intelligence Activities, including the activities

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

15 deviation from established Reserve and National Guard

16 personnel and training procedures.

17 SEC. 8068. During the current fiscal year, none of

18 the funds appropriated in this Act may be used to reduce

19 the civilian medical and medical support personnel as20 signed to military treatment facilities below the September

21 30, 1996 level.

22 SEC. 8069. All refunds or other amounts collected in

23 the administration of the Civilian Health and Medical Pro24 gram of the Uniformed Services (CHAMPUS) shall be

25 credited to current year appropriations.
70

S. 1894 PCS

1 (INCLUDING TRANSFER OF FUNDS)

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

3 Act may be transferred to or obligated from the Pentagon

4 Reservation Maintenance Revolving Fund, unless the Sec5 retary of Defense certifies that the total cost for the plan6 ning, design, construction and installation of equipment

7 for the renovation of the Pentagon Reservation will not

8 exceed $1,218,000,000.

9 SEC. 8071. (a) None of the funds available to the

10 Department of Defense for any fiscal year for drug inter11 diction or counter-drug activities may be transferred to

12 any other department or agency of the United States ex13 cept as specifically provided in an appropriations law.

14 (b) None of the funds available to the Central Intel15 ligence Agency for any fiscal year for drug interdiction

16 and counter-drug activities may be transferred to any

17 other department or agency of the United States except

18 as specifically provided in an appropriations law.

19 (TRANSFER OF FUNDS)

20 SEC. 8072. Appropriations available in this Act under

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

22 for increasing energy and water efficiency in Federal

23 buildings may, during its period of availability, be trans24 ferred to other appropriations or funds of the Department

25 of Defense for projects related to increasing energy and
71

S. 1894 PCS

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

2 for the same general purposes, and for the same time pe3 riod, as the appropriation or fund to which transferred.

4 SEC. 8073. Notwithstanding any other provision of

5 law, funds available to the Department of Defense shall

6 be made available to provide transportation of medical

7 supplies and equipment, on a nonreimbursable basis, to

8 American Samoa: Provided, That notwithstanding any

9 other provision of law, funds available to the Department

10 of Defense shall be made available to provide transpor11 tation of medical supplies and equipment, on a non12 reimbursable basis, to the Indian Health Service when it

13 is in conjunction with a civil-military project.

14 SEC. 8074. Notwithstanding any other provision of

15 law, the Naval shipyards of the United States shall be eli16 gible to participate in any manufacturing extension pro17 gram financed by funds appropriated in this or any other

18 Act.

19 (TRANSFER OF FUNDS)

20 SEC. 8075. In addition to amounts appropriated or

21 otherwise made available by this Act, $300,000,000 is

22 hereby appropriated to the Department of Defense and

23 shall be available only for transfer to the United States

24 Coast Guard.

25 SEC. 8076. Notwithstanding any other provision of

26 law, each contract awarded by the Department of Defense
72

S. 1894 PCS

1 during the current fiscal year for construction or service

2 performed in whole or in part in a State which is not con3 tiguous with another State and has an unemployment rate

4 in excess of the national average rate of unemployment

5 as determined by the Secretary of Labor, shall include a

6 provision requiring the contractor to employ, for the pur7 pose of performing that portion of the contract in such

8 State that is not contiguous with another State, individ9 uals who are residents of such State and who, in the case

10 of any craft or trade, possess or would be able to acquire

11 promptly the necessary skills: Provided, That the Sec12 retary of Defense may waive the requirements of this sec13 tion, on a case-by-case basis, in the interest of national

14 security.

15 SEC. 8077. Notwithstanding any other provision of

16 law, within the funds available in this Act, the Secretary

17 of the Air Force may enter into agreements to modify

18 leases of housing units being constructed if deemed to be

19 in the best interest of the Department. The housing units

20 shall be assigned, without rental charge, as family housing

21 to members of the Armed Forces who are eligible for as22 signment to military family housing.

23 SEC. 8078. (a) The Secretary of Defense shall sub24 mit, on a quarterly basis, a report to the congressional

25 defense committees, the Committee on International Rela-
73

S. 1894 PCS

1 tions of the House of Representatives and the Committee

2 on Foreign Relations of the Senate setting forth all costs

3 (including incremental costs) incurred by the Department

4 of Defense during the preceding quarter in implementing

5 or supporting resolutions of the United Nations Security

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

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

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

14 United Nations expenditures and all efforts made to seek

15 compensation from the United Nations for costs incurred

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

18 SEC. 8079. To the extent authorized by subchapter

19 VI of Chapter 148 of title 10, United States Code, the

20 Secretary of Defense shall issue loan guarantees in sup21 port of U.S. defense exports not otherwise provided for:

22 Provided, That the total contingent liability of the United

23 States for guarantees issued under the authority of this

24 section may not exceed $15,000,000,000: Provided further,

25 That the exposure fees charged and collected by the Sec-
74

S. 1894 PCS

1 retary for each guarantee, shall be paid by the country

2 involved and shall not be financed as part of a loan guar3 anteed by the United States: Provided further, That the

4 Secretary shall provide quarterly reports to the Commit5 tees on Appropriations, Armed Services and Foreign Rela6 tions of the Senate and the Committees on Appropria7 tions, National Security and International Relations in the

8 House of Representatives on the implementation of this

9 program: Provided further, That amounts charged for ad10 ministrative fees and deposited to the special account pro11 vided for under section 2540c(d) of title 10, shall be avail12 able for paying the costs of administrative expenses of the

13 Department of Defense that are attributable to the loan

14 guarantee program under subchapter VI of Chapter 148

15 of title 10.

16 SEC. 8080. None of the funds available to the De17 partment of Defense shall be obligated or expended to

18 make a financial contribution to the United Nations for

19 the cost of an United Nations peacekeeping activity

20 (whether pursuant to assessment or a voluntary contribu21 tion) or for payment of any United States arrearage to

22 the United Nations.

23 SEC. 8081. None of the funds available to the De24 partment of Defense under this Act shall be obligated or

25 expended to pay a contractor under a contract with the
75

S. 1894 PCS

1 Department of Defense for costs of any amount paid by

2 the contractor to an employee when—

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

4 excess of the normal salary paid by the contractor

5 to the employee; and

6 (2) such bonus is part of restructuring costs as7 sociated with a business combination.

8 SEC. 8082. (a) None of the funds appropriated or

9 otherwise made available in this Act may be used to trans10 port or provide for the transportation of chemical muni11 tions or agents to the Johnston Atoll for the purpose of

12 storing or demilitarizing such munitions or agents.

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

14 to any obsolete World War II chemical munition or agent

15 of the United States found in the World War II Pacific

16 Theater of Operations.

17 (c) The President may suspend the application of

18 subsection (a) during a period of war in which the United

19 States is a party.

20 SEC. 8083. During the current fiscal year, appropria21 tions made in this Act under the heading ‘‘Operation and

22 Maintenance, Defense-Wide’’ may be transferred to appro23 priations available for the pay of military personnel, to be

24 merged with, and to be available for the same time period

25 as the appropriations to which transferred, to be used for
76

S. 1894 PCS

1 the purposes of expenses incurred in connection with a

2 pilot program to increase the use of Reserve personnel in

3 support of missions of the Armed Forces and for the use

4 of such personnel in connection with support and services

5 for eligible organizations and activities outside the Depart6 ment of Defense pursuant to section 2012 of title 10,

7 United States Code.

8 SEC. 8084. None of the funds provided in this Act

9 may be obligated or expended for the sale of zinc in the

10 National Defense Stockpile if zinc commodity prices de11 cline more than five percent below the London Metals Ex12 change market price reported on the date of enactment

13 of this Act.

14 SEC. 8085. For purposes of section 1553(b) of title

15 31, United States Code, any subdivision of appropriations

16 made in this Act under the heading ‘‘Shipbuilding and

17 Conversion, Navy’’ shall be considered to be for the same

18 purpose as any subdivision under the heading ‘‘Shipbuild19 ing and Conversion, Navy’’ appropriations in any prior

20 year, and the one percent limitation shall apply to the total

21 amount of the appropriation.

22 SEC. 8086. During the current fiscal year, and not23 withstanding 31 U.S.C. 1552(a), not more than

24 $107,000,000 appropriated under the heading ‘‘Aircraft

25 Procurement, Air Force’’ in Public Law 101–511 and not
77

S. 1894 PCS

1 more than $15,000,000 appropriated under the heading

2 ‘‘Aircraft Procurement, Air Force’’ in Public Law 102–

3 172 which were available and obligated for the B–2 Air4 craft Program shall remain available for expenditure and

5 for adjusting obligations for such Program until Septem6 ber 30, 2002.

7 SEC. 8087. During the current fiscal year, in the case

8 of an appropriation account of the Department of Defense

9 for which the period of availability for obligation has ex10 pired or which has closed under the provisions of section

11 1552 of title 31, United States Code, and which has a

12 negative unliquidated or unexpended balance, an obliga13 tion or an adjustment of an obligation may be charged

14 to any current appropriation account for the same purpose

15 as the expired or closed account if—

16 (1) the obligation would have been properly

17 chargeable (except as to amount) to the expired or

18 closed account before the end of the period of avail19 ability or closing of that account;

20 (2) the obligation is not otherwise properly

21 chargeable to any current appropriation account of

22 the Department of Defense; and

23 (3) in the case of an expired account, the obli24 gation is not chargeable to a current appropriation

25 of the Department of Defense under the provisions
78

S. 1894 PCS

1 of section 1405(b)(8) of the National Defense Au2 thorization Act for Fiscal Year 1991, Public Law

3 101–510, as amended (31 U.S.C. 1551 note): Pro4 vided, That in the case of an expired account, if sub5 sequent review or investigation discloses that there

6 was not in fact a negative unliquidated or unex7 pended balance in the account, any charge to a cur8 rent account under the authority of this section shall

9 be reversed and recorded against the expired ac10 count: Provided further, That the total amount

11 charged to a current appropriation under this sec12 tion may not exceed an amount equal to one percent

13 of the total appropriation for that account.

14 (TRANSFER OF FUNDS)

15 SEC. 8088. Upon enactment of this Act, the Sec16 retary of Defense shall make the following transfers of

17 funds: Provided, That the amounts transferred shall be

18 available for the same purposes as the appropriations to

19 which transferred, and for the same time period as the

20 appropriation from which transferred: Provided further,

21 That the amounts shall be transferred between the follow22 ing appropriations in the amount specified:

23 From:

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 1985/1995’’:
79

S. 1894 PCS

1 For craft, outfitting, and post delivery,

2 $2,000,000;

3 To:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1985/1995’’:

6 DDG–51 Destroyer program, $2,000,000;

7 From:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1986/1996’’:

10 LHD–1 amphibious assault ship program,

11 $2,154,000;

12 To:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1986/1996’’:

15 For craft, outfitting and post delivery,

16 $2,154,000;

17 From:

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1987/1996’’:

20 T–AO fleet oiler program, $1,095,000;

21 Oceanographic ship program, $735,000;

22 To:

23 Under the heading, ‘‘Shipbuilding and Conver24 sion, Navy, 1987/1996’’:
80

S. 1894 PCS

1 For craft, outfitting, and post delivery,

2 $1,830,000;

3 From:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1989/2000’’:

6 T–AO fleet oiler program, $6,571,000;

7 To:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1989/2000’’:

10 SSN–21 attack submarine program,

11 $6,571,000;

12 From:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1991/2001’’:

15 DDG–51 destroyer program, $12,687,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1991/2001’’:

19 LHD–1 amphibious assault ship program,

20 $9,387,000;

21 MHC coastal mine hunter program,

22 $3,300,000;

23 From:

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 1992/1996’’:
81

S. 1894 PCS

1 For escalation, $1,600,000;

2 To:

3 Under the heading, ‘‘Shipbuilding and Conver4 sion, Navy, 1992/1996’’:

5 MHC coastal mine hunter program,

6 $1,600,000;

7 From:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1993/1997’’:

10 DDG–51 destroyer program, $5,000,000;

11 LSD–41 cargo variant ship program,

12 $2,700,000;

13 For craft, outfitting, post delivery, and

14 first destination transportation, and inflation

15 adjustments, $1,577,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1993/1997’’:

19 AOE combat support ship program,

20 $9,277,000;

21 From:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1995/1999’’:

24 Carrier replacement program,

25 $18,023,000;
82

S. 1894 PCS

1 To:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1993/1997’’:

4 MHC coastal mine hunter program,

5 $6,700,000;

6 AOE combat support ship program,

7 $11,323,000;

8 From:

9 Under the heading, ‘‘Shipbuilding and Conver10 sion, Navy, 1994/1998’’:

11 LHD–1 amphibious assault ship program,

12 $4,100,000;

13 Mine warfare command and control ship,

14 $1,000,000;

15 For craft, outfitting, post delivery, and

16 first destination transportation, $2,000,000;

17 From:

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1995/1999’’:

20 Carrier replacement program, $9,477,000;

21 From:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1996/2000’’:

24 NSSN–1 (AP), $3,791,000;

25 DDG–51 destroyer program, $4,075,000;
83

S. 1894 PCS

1 CVN Refuelings, $5,212,000;

2 T–AGS–64 multi-purpose oceanographic

3 survey ship, $375,000;

4 For craft, outfitting, post delivery, conver5 sions and first destination transportation,

6 $11,770,000;

7 To:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1994/1998’’:

10 DDG–51 destroyer program, $41,800,000.

11 SEC. 8089. (a) The Secretary of Defense shall require

12 not later than June 30, 1997, each disbursement by the

13 Department of Defense in an amount in excess of

14 $3,000,000 be matched to a particular obligation before

15 the disbursement is made.

16 (b) The Secretary shall ensure that a disbursement

17 in excess of the threshold amount applicable under section

18 (a) is not divided into multiple disbursements of less than

19 that amount for the purpose of avoiding the applicability

20 of such section to that disbursement.

21 SEC. 8090. The Under Secretary of Defense (Comp22 troller) shall submit to the Congressional defense commit23 tees a detailed report identifying, by amount and by sepa24 rate budget activity, activity group, subactivity group, line

25 item, program element, program, project, subproject, and
84

S. 1894 PCS

1 activity, any activity for which the fiscal year 1998 budget

2 request was reduced because Congress appropriated funds

3 above the President’s budget request for that specific ac4 tivity for fiscal year 1997.

5 SEC. 8091. Notwithstanding any other provision of

6 law, of the funds appropriated under the heading ‘‘Air7 craft Procurement, Navy’’ in Public Law 104–61,

8 $45,000,000 shall be made available only for procurement

9 of T–39N aircraft, simulators, and support equipment

10 currently used for training naval flight officers under an

11 existing contract.

12 SEC. 8092. Notwithstanding 31 U.S.C. 1552(a), of

13 the funds provided in Department of Defense Appropria14 tions Acts, not more than the specified amounts of funds

15 from the following accounts shall remain available for the

16 payment of satellite on-orbit incentive fees until the fees

17 are paid:

18 ‘‘Missile Procurement, Air Force, 1990/1992’’,

19 $17,800,000;

20 ‘‘Missile Procurement, Air Force, 1991/1993’’,

21 $19,330,000;

22 ‘‘Missile Procurement, Air Force, 1992/1994’’,

23 $23,570,000;

24 ‘‘Missile Procurement, Air Force, 1993/1995’’,

25 $16,780,000;
85

S. 1894 PCS

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

2 $16,780,000.

3 SEC. 8093. (a) Notwithstanding any other provision

4 of law, of the amounts available to the Department of De5 fense (department) during fiscal year 1997, not more than

6 $1,162,650,000 may be obligated for financing activities

7 of defense federally funded research and development cen8 ters (FFRDCs): Provided, That of the specific amount re9 ferred to previously in this subsection, not more than

10 $206,650,000 may be obligated for financing activities of

11 the defense studies and analysis FFRDCs: Provided fur12 ther, That the total amounts appropriated in titles II, III,

13 and IV of this Act are hereby reduced by $52,286,000

14 to reflect the overall funding ceiling contained in this sub15 section.

16 (b) Within 60 days after enactment of this Act, the

17 Secretary of Defense shall submit to the Congressional de18 fense committees a report presenting the specific

19 amounts—in dollars and staff years of technical effort—

20 to be allocated by the department for each defense

21 FFRDC during fiscal year 1997.

22 (c) The Secretary of Defense shall, with the submis23 sion of the department’s fiscal year 1998 budget request,

24 submit a report presenting the specific amounts—in dol-
86

S. 1894 PCS

1 lars and staff years of technical effort—to be allocated for

2 each defense FFRDC during that fiscal year.

3 (d) The Secretary of Defense may, pursuant to the

4 general transfer authority granted in Section 8005 of this

5 Act, provide additional funds to a defense FFRDC: Pro6 vided, That any such transfer, irrespective of amount,

7 shall be subject to a Form DD–1415 reprogramming ac8 tion request.

9 SEC. 8094. None of the funds available to the De10 partment of the Navy may be used to enter into any con11 tract for the overhaul, repair, or maintenance of any naval

12 vessel homeported on the West Coast of the United States

13 which includes charges for interport differential as an

14 evaluation factor for award.

15 SEC. 8095. Notwithstanding any other provision of

16 law, none of the funds appropriated in this Act may be

17 used to purchase, install, replace, or otherwise repair any

18 lock on a safe or security container which protects infor19 mation critical to national security or any other classified

20 materials and which has not been certified as passing the

21 security lock specifications contained in regulation FF–L–

22 2740 dated October 12, 1989, and has not passed all test23 ing criteria and procedures established through February

24 28, 1992: Provided, That the Director of Central Intel25 ligence may waive this provision, on a case-by-case basis
87

S. 1894 PCS

1 only, upon certification that the above cited locks are not

2 adequate for the protection of sensitive intelligence infor3 mation.

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

5 Department of Defense during fiscal year 1997 may be

6 obligated or expended to modify established reprogram7 ming procedures, including modifying the below threshold

8 reprogramming dollar thresholds, until 90 days after any

9 proposed modification is reported to the Congressional de10 fense committees along with a detailed justification for

11 that proposed modification.

12 (b) The Department of Defense may not modify its

13 policies with respect to budgeting for low rate initial pro14 duction test articles until 90 days after any proposed

15 modification is reported to the Congressional defense com16 mittees along with a detailed justification for that pro17 posed modification.

18 (c) For the purposes of this section, the terms ‘‘estab19 lished reprogramming procedures’’ and the terms ‘‘policies

20 with respect to budgeting for low rate initial production

21 test articles’’ refer to those procedures and policies which

22 were in effect on January 1, 1996.

23 (TRANSFER OF FUNDS)

24 SEC. 8097. Of the funds provided in title IV of this

25 Act, $93,000,000 shall be made available for prostate can26 cer research: Provided, That these funds shall be trans-
88

S. 1894 PCS

1 ferred to the Department of the Army for the execution

2 of a peer review research program: Provided further, That

3 the transfer authority provided in this section is in addi4 tion to any transfer authority contained elsewhere in this

5 Act.

6 SEC. 8098. Section 8110 of Public Law 104–61 (109

7 Stat. 674) is hereby repealed.

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

9 Appropriations Act, 1997’’.