104TH CONGRESS

2D SESSION H. R. 3610

AN ACT

Making appropriations for the Department of De1997, and for other purposes. fense for the fiscal year ending September 30,
104TH CONGRESS

2D SESSION H. R. 3610

AN ACT

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
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1 money in the Treasury not otherwise appropriated, for the

2 fiscal year ending September 30, 1997, for military func3 tions administered by the Department of Defense, and for

4 other purposes, namely:

5 TITLE I

6 MILITARY PERSONNEL

7 MILITARY PERSONNEL, ARMY

8 For pay, allowances, individual clothing, subsistence,

9 interest on deposits, gratuities, permanent change of sta10 tion travel (including all expenses thereof for organiza11 tional movements), and expenses of temporary duty travel

12 between permanent duty stations, for members of the

13 Army on active duty (except members of reserve compo14 nents provided for elsewhere), cadets, and aviation cadets;

15 and for payments pursuant to section 156 of Public Law

16 97–377, as amended (42 U.S.C. 402 note), to section

17 229(b) of the Social Security Act (42 U.S.C. 429(b)), and

18 to the Department of Defense Military Retirement Fund;

19 $20,692,838,000.

20 MILITARY PERSONNEL, NAVY

21 For pay, allowances, individual clothing, subsistence,

22 interest on deposits, gratuities, permanent change of sta23 tion travel (including all expenses thereof for organiza24 tional movements), and expenses of temporary duty travel

25 between permanent duty stations, for members of the
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1 Navy on active duty (except members of the Reserve pro2 vided for elsewhere), midshipmen, and aviation cadets; and

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

4 377, as amended (42 U.S.C. 402 note), to section 229(b)

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

6 Department of Defense Military Retirement Fund;

7 $17,000,856,000.

8 MILITARY PERSONNEL, MARINE CORPS

9 For pay, allowances, individual clothing, subsistence,

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel

13 between permanent duty stations, for members of the Ma14 rine Corps on active duty (except members of the Reserve

15 provided for elsewhere); and for payments pursuant to sec16 tion 156 of Public Law 97–377, as amended (42 U.S.C.

17 402 note), to section 229(b) of the Social Security Act

18 (42 U.S.C. 429(b)), and to the Department of Defense

19 Military Retirement Fund; $6,103,808,000.

20 MILITARY PERSONNEL, AIR FORCE

21 For pay, allowances, individual clothing, subsistence,

22 interest on deposits, gratuities, permanent change of sta23 tion travel (including all expenses thereof for organiza24 tional movements), and expenses of temporary duty travel

25 between permanent duty stations, for members of the Air
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1 Force on active duty (except members of reserve compo2 nents provided for elsewhere), cadets, and aviation cadets;

3 and for payments pursuant to section 156 of Public Law

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

5 229(b) of the Social Security Act (42 U.S.C. 429(b)), and

6 to the Department of Defense Military Retirement Fund;

7 $17,099,550,000.

8 RESERVE PERSONNEL, ARMY

9 For pay, allowances, clothing, subsistence, gratuities,

10 travel, and related expenses for personnel of the Army Re11 serve on active duty under sections 10211, 10302, and

12 3038 of title 10, United States Code, or while serving on

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

14 States Code, in connection with performing duty specified

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

16 while undergoing reserve training, or while performing

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

18 of the Reserve Officers’ Training Corps, and expenses au19 thorized by section 16131 of title 10, United States Code;

20 and for payments to the Department of Defense Military

21 Retirement Fund; $2,083,379,000.

22 RESERVE PERSONNEL, NAVY

23 For pay, allowances, clothing, subsistence, gratuities,

24 travel, and related expenses for personnel of the Navy Re25 serve on active duty under section 10211 of title 10, Unit-
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1 ed States Code, or while serving on active duty under sec2 tion 12301(d) of title 10, United States Code, in connec3 tion with performing duty specified in section 12310(a)

4 of title 10, United States Code, or while undergoing re5 serve training, or while performing drills or equivalent

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

7 Corps, and expenses authorized by section 16131 of title

8 10, United States Code; and for payments to the Depart9 ment of Defense Military Retirement Fund;

10 $1,392,406,000.

11 RESERVE PERSONNEL, MARINE CORPS

12 For pay, allowances, clothing, subsistence, gratuities,

13 travel, and related expenses for personnel of the Marine

14 Corps Reserve on active duty under section 10211 of title

15 10, United States Code, or while serving on active duty

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

17 in connection with performing duty specified in section

18 12310(a) of title 10, United States Code, or while under19 going reserve training, or while performing drills or equiv20 alent duty, and for members of the Marine Corps platoon

21 leaders class, and expenses authorized by section 16131

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

23 Department of Defense Military Retirement Fund;

24 $387,943,000.
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1 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

7 States Code, in connection with performing duty specified

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

9 while undergoing reserve training, or while performing

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

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

12 authorized by section 16131 of title 10, United States

13 Code; and for payments to the Department of Defense

14 Military Retirement Fund; $780,497,000.

15 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

20 States Code, or while serving on duty under section

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

22 States Code, in connection with performing duty specified

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

24 while undergoing training, or while performing drills or

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

3 Fund; $3,279,393,000.

4 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

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

11 in connection with performing duty specified in section

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

14 duty or other duty, and expenses authorized by section

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

16 to the Department of Defense Military Retirement Fund;

17 $1,294,490,000.

18 TITLE II

19 OPERATION AND MAINTENANCE

20 OPERATION AND MAINTENANCE, ARMY

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses, not otherwise provided for, necessary

23 for the operation and maintenance of the Army, as author24 ized by law; and not to exceed $11,437,000 can be used

25 for emergencies and extraordinary expenses, to be ex-
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1 pended on the approval or authority of the Secretary of

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

3 of necessity for confidential military purposes;

4 $18,365,679,000 and, in addition, $50,000,000 shall be

5 derived by transfer from the National Defense Stockpile

6 Transaction Fund: Provided, That of the funds appro7 priated in this paragraph, not less than $300,000,000

8 shall be made available only for conventional ammunition

9 care and maintenance: Provided further, That of the funds

10 appropriated in this paragraph, $12,084,000 shall not be

11 obligated or expended until authorized by law.

12 OPERATION AND MAINTENANCE, NAVY

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses, not otherwise provided for, necessary

15 for the operation and maintenance of the Navy and the

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

17 $3,995,000, can be used for emergencies and extraor18 dinary expenses, to be expended on the approval or author19 ity of the Secretary of the Navy, and payments may be

20 made on his certificate of necessity for confidential mili21 tary purposes; $20,390,397,000 and, in addition,

22 $50,000,000 shall be derived by transfer from the Na23 tional Defense Stockpile Transaction Fund: Provided,

24 That of the funds appropriated in this paragraph,
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1 $39,933,000 shall not be obligated or expended until au2 thorized by law.

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For expenses, not otherwise provided for, necessary

5 for the operation and maintenance of the Marine Corps,

6 as authorized by law; $2,465,077,000.

7 OPERATION AND MAINTENANCE, AIR FORCE

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses, not otherwise provided for, necessary

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

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

12 used for emergencies and extraordinary expenses, to be ex13 pended on the approval or authority of the Secretary of

14 the Air Force, and payments may be made on his certifi15 cate of necessity for confidential military purposes;

16 $17,938,755,000 and, in addition, $50,000,000 shall be

17 derived by transfer from the National Defense Stockpile

18 Transaction Fund: Provided, That of the funds appro19 priated in this paragraph, $39,133,000 shall not be obli20 gated or expended until authorized by law.

21 OPERATION AND MAINTENANCE, DEFENSE-WIDE

22 For expenses, not otherwise provided for, necessary

23 for the operation and maintenance of activities and agen24 cies of the Department of Defense (other than the military

25 departments), as authorized by law; $10,212,985,000, of
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1 which not to exceed $25,000,000 may be available for the

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

3 $28,500,000 can be used for emergencies and extraor4 dinary expenses, to be expended on the approval or author5 ity of the Secretary of Defense, and payments may be

6 made on his certificate of necessity for confidential mili7 tary purposes.

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For expenses, not otherwise provided for, necessary

10 for the operation and maintenance, including training, or11 ganization, and administration, of the Army Reserve; re12 pair of facilities and equipment; hire of passenger motor

13 vehicles; travel and transportation; care of the dead; re14 cruiting; procurement of services, supplies, and equip15 ment; and communications; $1,116,436,000.

16 OPERATION AND MAINTENANCE, NAVY RESERVE

17 For expenses, not otherwise provided for, necessary

18 for the operation and maintenance, including training, or19 ganization, and administration, of the Navy Reserve; re20 pair of facilities and equipment; hire of passenger motor

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications; $882,927,000: Provided, That

24 of the funds appropriated in this paragraph, $24,000,000

25 shall not be obligated or expended until authorized by law.
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger

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

8 recruiting; procurement of services, supplies, and equip9 ment; and communications; $108,467,000: Provided, That

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

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

12 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

13 For expenses, not otherwise provided for, necessary

14 for the operation and maintenance, including training, or15 ganization, and administration, of the Air Force Reserve;

16 repair of facilities and equipment; hire of passenger motor

17 vehicles; travel and transportation; care of the dead; re18 cruiting; procurement of services, supplies, and equip19 ment; and communications; $1,491,553,000.

20 OPERATION AND MAINTENANCE, ARMY NATIONAL

21 GUARD

22 For expenses of training, organizing, and administer23 ing the Army National Guard, including medical and hos24 pital treatment and related expenses in non-Federal hos25 pitals; maintenance, operation, and repairs to structures
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1 and facilities; hire of passenger motor vehicles; personnel

2 services in the National Guard Bureau; travel expenses

3 (other than mileage), as authorized by law for Army per4 sonnel on active duty, for Army National Guard division,

5 regimental, and battalion commanders while inspecting

6 units in compliance with National Guard Bureau regula7 tions when specifically authorized by the Chief, National

8 Guard Bureau; supplying and equipping the Army Na9 tional Guard as authorized by law; and expenses of repair,

10 modification, maintenance, and issue of supplies and

11 equipment (including aircraft); $2,268,477,000.

12 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

13 For operation and maintenance of the Air National

14 Guard, including medical and hospital treatment and re15 lated expenses in non-Federal hospitals; maintenance, op16 eration, repair, and other necessary expenses of facilities

17 for the training and administration of the Air National

18 Guard, including repair of facilities, maintenance, oper19 ation, and modification of aircraft; transportation of

20 things; hire of passenger motor vehicles; supplies, mate21 rials, and equipment, as authorized by law for the Air Na22 tional Guard; and expenses incident to the maintenance

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

24 such as may be furnished from stocks under the control

25 of agencies of the Department of Defense; travel expenses
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1 (other than mileage) on the same basis as authorized by

2 law for Air National Guard personnel on active Federal

3 duty, for Air National Guard commanders while inspecting

4 units in compliance with National Guard Bureau regula5 tions when specifically authorized by the Chief, National

6 Guard Bureau; $2,671,373,000.

7 UNITED STATES COURT OF APPEALS FOR THE ARMED

8 FORCES

9 For salaries and expenses necessary for the United

10 States Court of Appeals for the Armed Forces;

11 $6,797,000, of which not to exceed $2,500 can be used

12 for official representation purposes.

13 ENVIRONMENTAL RESTORATION, DEFENSE

14 (INCLUDING TRANSFER OF FUNDS)

15 For the Department of Defense; $1,333,016,000, to

16 remain available until transferred: Provided, That the Sec17 retary of Defense shall, upon determining that such funds

18 are required for environmental restoration, reduction and

19 recycling of hazardous waste, removal of unsafe buildings

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

21 purposes (including programs and operations at sites for22 merly used by the Department of Defense), transfer the

23 funds made available by this appropriation to other appro24 priations made available to the Department of Defense,

25 as the Secretary may designate, to be merged with and
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1 to be available for the same purposes and for the same

2 time periods as the appropriations of funds to which trans3 ferred: Provided further, That upon a determination that

4 all or part of the funds transferred from this appropriation

5 are not necessary for the purposes provided herein, such

6 amounts may be transferred back to this appropriation.

7 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

8 For expenses relating to the Overseas Humanitarian,

9 Disaster, and Civic Aid programs of the Department of

10 Defense (consisting of the programs provided under sec11 tions 401, 402, 404, 2547, and 2551 of title 10, United

12 States Code); $60,544,000, to remain available until Sep13 tember 30, 1998.

14 FORMER SOVIET UNION THREAT REDUCTION

15 For assistance to the republics of the former Soviet

16 Union, including assistance provided by contract or by

17 grants, for facilitating the elimination and the safe and

18 secure transportation and storage of nuclear, chemical and

19 other weapons; for establishing programs to prevent the

20 proliferation of weapons, weapons components, and weap21 on-related technology and expertise; for programs relating

22 to the training and support of defense and military person23 nel for demilitarization and protection of weapons, weap24 ons components and weapons technology and expertise;
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1 $302,900,000, to remain available for obligation until Sep2 tember 30, 1999.

3 QUALITY OF LIFE ENHANCEMENTS, DEFENSE

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, resulting

6 from unfunded shortfalls in medical programs and the re7 pair and maintenance of real property of the Department

8 of Defense (including military housing and barracks);

9 $975,000,000, of which—

10 (1) $475,000,000 shall be transferred to funds

11 made available under the heading ‘‘Defense Health

12 Program’’ in title VI of this Act and be available for

13 Operation and maintenance; and

14 (2) $500,000,000 shall be available for the

15 maintenance of real property of the Department of

16 Defense (including minor construction and major

17 maintenance and repair) and shall remain available

18 for obligation until September 30, 1998, as follows:

19 Army, $165,000,000;

20 Navy, $75,000,000;

21 Marine Corps, $40,000,000;

22 Air Force, $120,000,000;

23 Army Reserve, $20,000,000;

24 Navy Reserve, $20,000,000;

25 Marine Corps Reserve, $2,000,000;
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1 Air Force Reserve, $16,000,000;

2 Army National Guard, $29,000,000; and

3 Air National Guard, $13,000,000.

4 REDUCTION OF FUNDS

5 Amounts appropriated in other paragraphs of this

6 title are hereby reduced as follows:

7 From OPERATION AND MAINTENANCE, ARMY,

8 $12,950,000.

9 From OPERATION AND MAINTENANCE, NAVY,

10 $3,500,000.

11 From OPERATION AND MAINTENANCE, MARINE

12 CORPS, $1,750,000.

13 From OPERATION AND MAINTENANCE, AIR

14 FORCE, $7,700,000.

15 From OPERATION AND MAINTENANCE, DE16 FENSE-WIDE, $9,100,000.

17 TITLE III

18 PROCUREMENT

19 AIRCRAFT PROCUREMENT, ARMY

20 For construction, procurement, production, modifica21 tion, and modernization of aircraft, equipment, including

22 ordnance, ground handling equipment, spare parts, and

23 accessories therefor; specialized equipment and training

24 devices; expansion of public and private plants, including

25 the land necessary therefor, for the foregoing purposes,
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1 and such lands and interests therein, may be acquired,

2 and construction prosecuted thereon prior to approval of

3 title; and procurement and installation of equipment, ap4 pliances, and machine tools in public and private plants;

5 reserve plant and Government and contractor-owned

6 equipment layaway; and other expenses necessary for the

7 foregoing purposes; $1,308,709,000, to remain available

8 for obligation until September 30, 1999.

9 MISSILE PROCUREMENT, ARMY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, equipment, including

12 ordnance, ground handling equipment, spare parts, and

13 accessories therefor; specialized equipment and training

14 devices; expansion of public and private plants, including

15 the land necessary therefor, for the foregoing purposes,

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

17 and construction prosecuted thereon prior to approval of

18 title; and procurement and installation of equipment, ap19 pliances, and machine tools in public and private plants;

20 reserve plant and Government and contractor-owned

21 equipment layaway; and other expenses necessary for the

22 foregoing purposes; $988,567,000, to remain available for

23 obligation until September 30, 1999.
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and

4 modification of weapons and tracked combat vehicles,

5 equipment, including ordnance, spare parts, and acces6 sories therefor; specialized equipment and training devices;

7 expansion of public and private plants, including the land

8 necessary therefor, for the foregoing purposes, and such

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and

11 procurement and installation of equipment, appliances,

12 and machine tools in public and private plants; reserve

13 plant and Government and contractor-owned equipment

14 layaway; and other expenses necessary for the foregoing

15 purposes; $1,500,414,000, to remain available for obliga16 tion until September 30, 1999: Provided, That of the

17 funds appropriated in this paragraph, $175,600,000 shall

18 not be obligated or expended until authorized by law.

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and

21 modification of ammunition, and accessories therefor; spe22 cialized equipment and training devices; expansion of pub23 lic and private plants, including ammunition facilities au24 thorized by section 2854, title 10, United States Code, and

25 the land necessary therefor, for the foregoing purposes,
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1 and such lands and interests therein, may be acquired,

2 and construction prosecuted thereon prior to approval of

3 title; and procurement and installation of equipment, ap4 pliances, and machine tools in public and private plants;

5 reserve plant and Government and contractor-owned

6 equipment layaway; and other expenses necessary for the

7 foregoing purposes; $1,150,128,000, to remain available

8 for obligation until September 30, 1999.

9 OTHER PROCUREMENT, ARMY

10 For construction, procurement, production, and

11 modification of vehicles, including tactical, support, and

12 nontracked combat vehicles; the purchase of not to exceed

13 14 passenger motor vehicles for replacement only; commu14 nications and electronic equipment; other support equip15 ment; spare parts, ordnance, and accessories therefor; spe16 cialized equipment and training devices; expansion of pub17 lic and private plants, including the land necessary there18 for, for the foregoing purposes, and such lands and inter19 ests therein, may be acquired, and construction prosecuted

20 thereon prior to approval of title; and procurement and

21 installation of equipment, appliances, and machine tools

22 in public and private plants; reserve plant and Govern23 ment and contractor-owned equipment layaway; and other

24 expenses necessary for the foregoing purposes;

25 $2,899,040,000, to remain available for obligation until
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1 September 30, 1999: Provided, That of the funds appro2 priated in this paragraph, $86,800,000 shall not be obli3 gated or expended until authorized by law.

4 AIRCRAFT PROCUREMENT, NAVY

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

7 ordnance, spare parts, and accessories therefor; specialized

8 equipment; expansion of public and private plants, includ9 ing the land necessary therefor, and such lands and inter10 ests therein, may be acquired, and construction prosecuted

11 thereon prior to approval of title; and procurement and

12 installation of equipment, appliances, and machine tools

13 in public and private plants; reserve plant and Govern14 ment and contractor-owned equipment layaway;

15 $6,896,552,000, to remain available for obligation until

16 September 30, 1999: Provided, That of the funds appro17 priated in this paragraph, $227,600,000 shall not be obli18 gated or expended until authorized by law.

19 WEAPONS PROCUREMENT, NAVY

20 For construction, procurement, production, modifica21 tion, and modernization of missiles, torpedoes, other weap22 ons, and related support equipment including spare parts,

23 and accessories therefor; expansion of public and private

24 plants, including the land necessary therefor, and such

25 lands and interests therein, may be acquired, and con-
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1 struction prosecuted thereon prior to approval of title; and

2 procurement and installation of equipment, appliances,

3 and machine tools in public and private plants; reserve

4 plant and Government and contractor-owned equipment

5 layaway; $1,384,408,000, to remain available for obliga6 tion until September 30, 1999: Provided, That in addition

7 to the foregoing purposes, the funds appropriated above

8 under this heading shall be available to liquidate reported

9 deficiencies in appropriations provided under this heading

10 in prior Department of Defense appropriations acts, to the

11 extent such deficiencies cannot otherwise be liquidated

12 pursuant to 31 U.S.C. 1553(b): Provided further, That of

13 the funds appropriated in this paragraph, $79,100,000

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

15 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

16 CORPS

17 For construction, procurement, production, and

18 modification of ammunition, and accessories therefor; spe19 cialized equipment and training devices; expansion of pub20 lic and private plants, including ammunition facilities au21 thorized by section 2854, title 10, United States Code, and

22 the land necessary therefor, for the foregoing purposes,

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

24 and construction prosecuted thereon prior to approval of

25 title; and procurement and installation of equipment, ap-
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1 pliances, and machine tools in public and private plants;

2 reserve plant and Government and contractor-owned

3 equipment layaway; and other expenses necessary for the

4 foregoing purposes; $341,689,000, to remain available for

5 obligation until September 30, 1999.

6 SHIPBUILDING AND CONVERSION, NAVY

7 For expenses necessary for the construction, acquisi8 tion, or conversion of vessels as authorized by law, includ9 ing armor and armament thereof, plant equipment, appli10 ances, and machine tools and installation thereof in public

11 and private plants; reserve plant and Government and con12 tractor-owned equipment layaway; procurement of critical,

13 long leadtime components and designs for vessels to be

14 constructed or converted in the future; and expansion of

15 public and private plants, including land necessary there16 for, and such lands and interests therein, may be acquired,

17 and construction prosecuted thereon prior to approval of

18 title; $4,469,930,000, to remain available for obligation

19 until September 30, 2001: Provided, That additional obli20 gations may be incurred after September 30, 2001, for

21 engineering services, tests, evaluations, and other such

22 budgeted work that must be performed in the final stage

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

24 funds herein provided for the construction or conversion

25 of any naval vessel to be constructed in shipyards in the
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1 United States shall be expended in foreign facilities for

2 the construction of major components of such vessel: Pro3 vided further, That none of the funds herein provided shall

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

5 shipyards.

6 OTHER PROCUREMENT, NAVY

7 For procurement, production, and modernization of

8 support equipment and materials not otherwise provided

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

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

11 public and private plants, including the land necessary

12 therefor, and such lands and interests therein, may be ac13 quired, and construction prosecuted thereon prior to ap14 proval of title; and procurement and installation of equip15 ment, appliances, and machine tools in public and private

16 plants; reserve plant and Government and contractor17 owned equipment layaway; $2,889,591,000, to remain

18 available for obligation until September 30, 1999: Pro19 vided, That of the funds appropriated in this paragraph,

20 $18,096,000 shall not be obligated or expended until au21 thorized by law.

22 PROCUREMENT, MARINE CORPS

23 For expenses necessary for the procurement, manu24 facture, and modification of missiles, armament, military

25 equipment, spare parts, and accessories therefor; plant
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1 equipment, appliances, and machine tools, and installation

2 thereof in public and private plants; reserve plant and

3 Government and contractor-owned equipment layaway; ve4 hicles for the Marine Corps, including the purchase of not

5 to exceed 88 passenger motor vehicles for replacement

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

7 land necessary therefor, and such lands and interests

8 therein, may be acquired and construction prosecuted

9 thereon prior to approval of title; $623,973,000, to remain

10 available for obligation until September 30, 1999: Pro11 vided, That of the funds appropriated in this paragraph,

12 $77,225,000 shall not be obligated or expended until au13 thorized by law.

14 AIRCRAFT PROCUREMENT, AIR FORCE

15 For construction, procurement, and modification of

16 aircraft and equipment, including armor and armament,

17 specialized ground handling equipment, and training de18 vices, spare parts, and accessories therefor; specialized

19 equipment; expansion of public and private plants, Gov20 ernment-owned equipment and installation thereof in such

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

22 the foregoing purposes, and such lands and interests

23 therein, may be acquired, and construction prosecuted

24 thereon prior to approval of title; reserve plant and Gov25 ernment and contractor-owned equipment layaway; and
25

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1 other expenses necessary for the foregoing purposes in2 cluding rents and transportation of things;

3 $7,274,628,000, to remain available for obligation until

4 September 30, 1999: Provided, That of the funds appro5 priated in this paragraph, $2,700,000 shall not be obli6 gated or expended until authorized by law.

7 MISSILE PROCUREMENT, AIR FORCE

8 For construction, procurement, and modification of

9 missiles, spacecraft, rockets, and related equipment, in10 cluding spare parts and accessories therefor, ground han11 dling equipment, and training devices; expansion of public

12 and private plants, Government-owned equipment and in13 stallation thereof in such plants, erection of structures,

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

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

16 construction prosecuted thereon prior to approval of title;

17 reserve plant and Government and contractor-owned

18 equipment layaway; and other expenses necessary for the

19 foregoing purposes including rents and transportation of

20 things; $2,279,500,000, to remain available for obligation

21 until September 30, 1999.

22 PROCUREMENT OF AMMUNITION, AIR FORCE

23 For construction, procurement, production, and

24 modification of ammunition, and accessories therefor; spe25 cialized equipment and training devices; expansion of pub-
26

•HR 3610 EH

1 lic and private plants, including ammunition facilities au2 thorized by section 2854, title 10, United States Code, and

3 the land necessary therefor, for the foregoing purposes,

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

5 and construction prosecuted thereon prior to approval of

6 title; and procurement and installation of equipment, ap7 pliances, and machine tools in public and private plants;

8 reserve plant and Government and contractor-owned

9 equipment layaway; and other expenses necessary for the

10 foregoing purposes; $272,177,000, to remain available for

11 obligation until September 30, 1999.

12 OTHER PROCUREMENT, AIR FORCE

13 For procurement and modification of equipment (in14 cluding ground guidance and electronic control equipment,

15 and ground electronic and communication equipment),

16 and supplies, materials, and spare parts therefor, not oth17 erwise provided for; the purchase of not to exceed 506 pas18 senger motor vehicles for replacement only; the purchase

19 of 1 vehicle required for physical security of personnel,

20 notwithstanding price limitations applicable to passenger

21 vehicles but not to exceed $287,000 per vehicle; and ex22 pansion of public and private plants, Government-owned

23 equipment and installation thereof in such plants, erection

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

25 purposes, and such lands and interests therein, may be
27

•HR 3610 EH

1 acquired, and construction prosecuted thereon, prior to

2 approval of title; reserve plant and Government and con3 tractor-owned equipment layaway; $6,078,539,000, to re4 main available for obligation until September 30, 1999.

5 PROCUREMENT, DEFENSE-WIDE

6 For expenses of activities and agencies of the Depart7 ment of Defense (other than the military departments)

8 necessary for procurement, production, and modification

9 of equipment, supplies, materials, and spare parts there10 for, not otherwise provided for; the purchase of not to ex11 ceed 389 passenger motor vehicles for replacement only;

12 the purchase of 2 vehicles required for physical security

13 of personnel, notwithstanding price limitations applicable

14 to passenger vehicles, but not to exceed $200,000 per vehi15 cle; expansion of public and private plants, equipment, and

16 installation thereof in such plants, erection of structures,

17 and acquisition of land for the foregoing purposes, and

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

19 construction prosecuted thereon prior to approval of title;

20 reserve plant and Government and contractor-owned

21 equipment layaway; $2,247,812,000, to remain available

22 for obligation until September 30, 1999: Provided, That

23 of the funds appropriated in this paragraph,

24 $357,600,000 shall not be obligated or expended until au25 thorized by law.
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•HR 3610 EH

1 NATIONAL GUARD AND RESERVE EQUIPMENT

2 For procurement of aircraft, missiles, tracked combat

3 vehicles, ammunition, other weapons, and other procure4 ment for the reserve components of the Armed Forces;

5 $908,000,000, to remain available for obligation until Sep6 tember 30, 1999: Provided, That the Chiefs of the Reserve

7 and National Guard components shall, not later than 30

8 days after the enactment of this Act, individually submit

9 to the congressional defense committees the modernization

10 priority assessment for their respective Reserve or Na11 tional Guard component: Provided further, That of the

12 funds appropriated in this paragraph, $103,000,000 shall

13 not be obligated or expended until authorized by law.

14 TITLE IV

15 RESEARCH, DEVELOPMENT, TEST, AND

16 EVALUATION

17 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

18 ARMY

19 For expenses necessary for basic and applied sci20 entific research, development, test and evaluation, includ21 ing maintenance, rehabilitation, lease, and operation of fa22 cilities and equipment, as authorized by law;

23 $4,874,537,000, to remain available for obligation until

24 September 30, 1998: Provided, That of the funds appro-
29

•HR 3610 EH

1 priated in this paragraph, $194,558,000 shall not be obli2 gated or expended until authorized by law.

3 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

4 NAVY

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

9 $8,399,357,000, to remain available for obligation until

10 September 30, 1998: Provided, That funds appropriated

11 in this paragraph which are available for the V–22 may

12 be used to meet unique requirements of the Special Oper13 ations Forces: Provided further, That of the funds appro14 priated in this paragraph, $209,400,000 shall not be obli15 gated or expended until authorized by law.

16 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

17 AIR FORCE

18 For expenses necessary for basic and applied sci19 entific research, development, test and evaluation, includ20 ing maintenance, rehabilitation, lease, and operation of fa21 cilities and equipment, as authorized by law;

22 $14,869,573,000, to remain available for obligation until

23 September 30, 1998: Provided, That of the funds made

24 available in this paragraph, $25,000,000 shall be only for

25 development of reusable launch vehicle technologies: Pro-
30

•HR 3610 EH

1 vided further, That of the funds appropriated in this para2 graph, $1,598,486,000 shall not be obligated or expended

3 until authorized by law.

4 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

5 DEFENSE-WIDE

6 For expenses of activities and agencies of the Depart7 ment of Defense (other than the military departments),

8 necessary for basic and applied scientific research, devel9 opment, test and evaluation; advanced research projects

10 as may be designated and determined by the Secretary

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

12 lease, and operation of facilities and equipment, as author13 ized by law; $9,068,558,000, to remain available for obli14 gation until September 30, 1998: Provided, That not less

15 than $304,171,000 of the funds appropriated in this para16 graph shall be made available only for the Sea-Based Wide

17 Area Defense (Navy Upper-Tier) program.

18 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

19 For expenses, not otherwise provided for, of inde20 pendent activities of the Director, Test and Evaluation in

21 the direction and supervision of developmental test and

22 evaluation, including performance and joint developmental

23 testing and evaluation; and administrative expenses in

24 connection therewith; $272,038,000, to remain available

25 for obligation until September 30, 1998: Provided, That
31

•HR 3610 EH

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

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

3 OPERATIONAL TEST AND EVALUATION, DEFENSE

4 For expenses, not otherwise provided for, necessary

5 for the independent activities of the Director, Operational

6 Test and Evaluation in the direction and supervision of

7 operational test and evaluation, including initial oper8 ational test and evaluation which is conducted prior to,

9 and in support of, production decisions; joint operational

10 testing and evaluation; and administrative expenses in

11 connection therewith; $26,968,000, to remain available for

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

13 funds appropriated in this paragraph, $5,000,000 shall

14 not be obligated or expended until authorized by law.

15 TITLE V

16 REVOLVING AND MANAGEMENT FUNDS

17 DEFENSE BUSINESS OPERATIONS FUND

18 For the Defense Business Operations Fund;

19 $947,900,000.

20 NATIONAL DEFENSE SEALIFT FUND

21 For National Defense Sealift Fund programs (includ22 ing the development and acquisition of lighterage),

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

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

25 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744);
32

•HR 3610 EH

1 $1,904,002,000, to remain available until expended: Pro2 vided, That none of the funds provided in this paragraph

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

4 the acquisition of any of the following major components

5 unless such components are manufactured in the United

6 States: auxiliary equipment, including pumps, for all ship7 board services; propulsion system components (that is; en8 gines, reduction gears, and propellers); shipboard cranes;

9 and spreaders for shipboard cranes: Provided further, That

10 the exercise of an option in a contract awarded through

11 the obligation of previously appropriated funds shall not

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

13 further, That the Secretary of the military department re14 sponsible for such procurement may waive these restric15 tions on a case-by-case basis by certifying in writing to

16 the Committees on Appropriations of the House of Rep17 resentatives and the Senate, that adequate domestic sup18 plies are not available to meet Department of Defense re19 quirements on a timely basis and that such an acquisition

20 must be made in order to acquire capability for national

21 security purposes: Provided further, That of the funds ap22 propriated in this paragraph, $781,000,000 shall not be

23 obligated or expended until authorized by law.
33

•HR 3610 EH

1 TITLE VI

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical

5 and health care programs of the Department of Defense,

6 as authorized by law; $9,667,658,000, of which

7 $9,398,188,000 shall be for Operation and maintenance,

8 of which not to exceed three percent shall remain available

9 until September 30, 1998; and of which $269,470,000, to

10 remain available for obligation until September 30, 1999,

11 shall be for Procurement: Provided, That notwithstanding

12 any other provision of law, of the funds provided under

13 this heading, the Secretary of Defense is directed to use

14 and obligate, within thirty days of enactment of this Act,

15 not less than $3,400,000 only to permit private sector or

16 non-Federal physicians who have used and will use the

17 antibacterial treatment method based upon the excretion

18 of dead and decaying spherical bacteria to work in con19 junction with the Walter Reed Army Medical Center on

20 a treatment protocol and related studies for Desert Storm

21 Syndrome affected veterans.

22 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

23 DEFENSE

24 For expenses, not otherwise provided for, necessary

25 for the destruction of the United States stockpile of lethal
34

•HR 3610 EH

1 chemical agents and munitions in accordance with the pro2 visions of section 1412 of the Department of Defense Au3 thorization Act, 1986 (50 U.S.C. 1521), and for the de4 struction of other chemical warfare materials that are not

5 in the chemical weapon stockpile, $799,847,000, of which

6 $477,947,000 shall be for Operation and maintenance,

7 $273,600,000 shall be for Procurement to remain avail8 able until September 30, 1999, and $48,300,000 shall be

9 for Research, development, test and evaluation to remain

10 available until September 30, 1998.

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

12 DEFENSE

13 (INCLUDING TRANSFER OF FUNDS)

14 For drug interdiction and counter-drug activities of

15 the Department of Defense, for transfer to appropriations

16 available to the Department of Defense for military per17 sonnel of the reserve components serving under the provi18 sions of title 10 and title 32, United States Code; for Op19 eration and maintenance; for Procurement; and for Re20 search, development, test and evaluation; $774,724,000:

21 Provided, That the funds appropriated by this paragraph

22 shall be available for obligation for the same time period

23 and for the same purpose as the appropriation to which

24 transferred: Provided further, That the transfer authority

25 provided in this paragraph is in addition to any transfer
35

•HR 3610 EH

1 authority contained elsewhere in this Act: Provided fur2 ther, That of the funds appropriated in this paragraph,

3 $92,000,000 shall not be obligated or expended until au4 thorized by law.

5 OFFICE OF THE INSPECTOR GENERAL

6 For expenses and activities of the Office of the In7 spector General in carrying out the provisions of the In8 spector General Act of 1978, as amended; $138,501,000,

9 of which $136,501,000 shall be for Operation and mainte10 nance, of which not to exceed $400,000 is available for

11 emergencies and extraordinary expenses to be expended on

12 the approval or authority of the Inspector General, and

13 payments may be made on his certificate of necessity for

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

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

16 Procurement.

17 TITLE VII

18 RELATED AGENCIES

19 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

20 DISABILITY SYSTEM FUND

21 For payment to the Central Intelligence Agency Re22 tirement and Disability System Fund, to maintain proper

23 funding level for continuing the operation of the Central

24 Intelligence Agency Retirement and Disability System;

25 $196,400,000.
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1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 For necessary expenses of the Intelligence Commu3 nity Management Account; $149,555,000.

4 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE5 MEDIATION, AND ENVIRONMENTAL RESTORATION

6 FUND

7 For payment to Kaho’olawe Island Conveyance, Re8 mediation, and Environmental Restoration Fund, as au9 thorized by law; $10,000,000, to remain available until ex10 pended.

11 TITLE VIII

12 GENERAL PROVISIONS

13 SEC. 8001. No part of any appropriation contained

14 in this Act shall be used for publicity or propaganda pur15 poses not authorized by the Congress.

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

17 of law prohibiting the payment of compensation to, or em18 ployment of, any person not a citizen of the United States

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

20 Provided, That salary increases granted to direct and indi21 rect hire foreign national employees of the Department of

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

23 of the percentage increase authorized by law for civilian

24 employees of the Department of Defense whose pay is

25 computed under the provisions of section 5332 of title 5,
37

•HR 3610 EH

1 United States Code, or at a rate in excess of the percent2 age increase provided by the appropriate host nation to

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

4 That this section shall not apply to Department of De5 fense foreign service national employees serving at United

6 States diplomatic missions whose pay is set by the Depart7 ment of State under the Foreign Service Act of 1980: Pro8 vided further, That the limitations of this provision shall

9 not apply to foreign national employees of the Department

10 of Defense in the Republic of Turkey.

11 SEC. 8003. No part of any appropriation contained

12 in this Act shall remain available for obligation beyond

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

14 SEC. 8004. No more than 20 per centum of the ap15 propriations in this Act which are limited for obligation

16 during the current fiscal year shall be obligated during

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

18 section shall not apply to obligations for support of active

19 duty training of reserve components or summer camp

20 training of the Reserve Officers’ Training Corps.

21 (TRANSFER OF FUNDS)

22 SEC. 8005. Upon determination by the Secretary of

23 Defense that such action is necessary in the national inter24 est, he may, with the approval of the Office of Manage25 ment and Budget, transfer not to exceed $2,000,000,000
38

•HR 3610 EH

1 of working capital funds of the Department of Defense

2 or funds made available in this Act to the Department

3 of Defense for military functions (except military con4 struction) between such appropriations or funds or any

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

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

7 the appropriation or fund to which transferred: Provided,

8 That such authority to transfer may not be used unless

9 for higher priority items, based on unforeseen military re10 quirements, than those for which originally appropriated

11 and in no case where the item for which funds are re12 quested has been denied by Congress: Provided further,

13 That the Secretary of Defense shall notify the Congress

14 promptly of all transfers made pursuant to this authority

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

16 no part of the funds in this Act shall be available to pre17 pare or present a request to the Committees on Appropria18 tions for reprogramming of funds, unless for higher prior19 ity items, based on unforeseen military requirements, than

20 those for which originally appropriated and in no case

21 where the item for which reprogramming is requested has

22 been denied by the Congress.

23 (TRANSFER OF FUNDS)

24 SEC. 8006. During the current fiscal year, cash bal25 ances in working capital funds of the Department of De-
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•HR 3610 EH

1 fense established pursuant to section 2208 of title 10,

2 United States Code, may be maintained in only such

3 amounts as are necessary at any time for cash disburse4 ments to be made from such funds: Provided, That trans5 fers may be made between such funds and the ‘‘Foreign

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

7 Maintenance’’ appropriation accounts in such amounts as

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

9 approval of the Office of Management and Budget, except

10 that such transfers may not be made unless the Secretary

11 of Defense has notified the Congress of the proposed

12 transfer. Except in amounts equal to the amounts appro13 priated to working capital funds in this Act, no obligations

14 may be made against a working capital fund to procure

15 or increase the value of war reserve material inventory,

16 unless the Secretary of Defense has notified the Congress

17 prior to any such obligation.

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

19 be used to initiate a special access program without prior

20 notification 30 calendar days in session in advance to the

21 congressional defense committees.

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

23 available for the Civilian Health and Medical Program of

24 the Uniformed Services shall be available for payments to

25 physicians and other non-institutional health care provid-
40

•HR 3610 EH

1 ers in excess of the amounts allowed in fiscal year 1996

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

3 the Secretary of Defense determines an increase is justi4 fied by economic circumstances, the allowable amounts

5 may be increased in accordance with appropriate economic

6 index data similar to that used pursuant to title XVIII

7 of the Social Security Act; and (b) for services the Sec8 retary determines are overpriced based on allowable pay9 ments under title XVIII of the Social Security Act, the

10 allowable amounts shall be reduced by not more than 15

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

12 Secretary determines that it would impair adequate access

13 to health care services for beneficiaries). The Secretary

14 shall solicit public comment prior to promulgating regula15 tions to implement this section. Such regulations shall in16 clude a limitation, similar to that used under title XVIII

17 of the Social Security Act, on the extent to which a pro18 vider may bill a beneficiary an actual charge in excess of

19 the allowable amount.

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

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

22 employs economic order quantity procurement in excess of

23 $20,000,000 in any one year of the contract or that in24 cludes an unfunded contingent liability in excess of

25 $20,000,000, or (2) a contract for advance procurement
41

•HR 3610 EH

1 leading to a multiyear contract that employs economic

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

3 any one year, unless the congressional defense committees

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

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

6 appropriation contained in this Act shall be available to

7 initiate a multiyear contract for which the economic order

8 quantity advance procurement is not funded at least to

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

10 That no part of any appropriation contained in this Act

11 shall be available to initiate multiyear procurement con12 tracts for any systems or component thereof if the value

13 of the multiyear contract would exceed $500,000,000 un14 less specifically provided in this Act: Provided further,

15 That no multiyear procurement contract can be termi16 nated without 10-day prior notification to the congres17 sional defense committees: Provided further, That the exe18 cution of multiyear authority shall require the use of a

19 present value analysis to determine lowest cost compared

20 to an annual procurement.

21 Funds appropriated in title III of this Act may be

22 used for multiyear procurement contracts as follows:

23 Javelin missiles;

24 Army Tactical Missile System (ATACMS);

25 MK19–3 grenade machine guns;
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•HR 3610 EH

1 M16A2 rifles;

2 M249 Squad Automatic Weapons;

3 M4 carbine rifles; and

4 M240B machine guns.

5 SEC. 8010. Within the funds appropriated for the op6 eration and maintenance of the Armed Forces, funds are

7 hereby appropriated pursuant to section 401 of title 10,

8 United States Code, for humanitarian and civic assistance

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

10 Such funds may also be obligated for humanitarian and

11 civic assistance costs incidental to authorized operations

12 and pursuant to authority granted in section 401 of chap13 ter 20 of title 10, United States Code, and these obliga14 tions shall be reported to Congress on September 30 of

15 each year: Provided, That funds available for operation

16 and maintenance shall be available for providing humani17 tarian and similar assistance by using Civic Action Teams

18 in the Trust Territories of the Pacific Islands and freely

19 associated states of Micronesia, pursuant to the Compact

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

21 Provided further, That upon a determination by the Sec22 retary of the Army that such action is beneficial for grad23 uate medical education programs conducted at Army med24 ical facilities located in Hawaii, the Secretary of the Army

25 may authorize the provision of medical services at such
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•HR 3610 EH

1 facilities and transportation to such facilities, on a non2 reimbursable basis, for civilian patients from American

3 Samoa, the Commonwealth of the Northern Mariana Is4 lands, the Marshall Islands, the Federated States of Mi5 cronesia, Palau, and Guam.

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

7 personnel of the Department of Defense may not be man8 aged on the basis of any end-strength, and the manage9 ment of such personnel during that fiscal year shall not

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

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

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

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 request shall be prepared

17 and submitted to the Congress as if subsections (a) and

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

19 year 1998.

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

21 to military (civilian) technicians.

22 SEC. 8012. Notwithstanding any other provision of

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

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

25 the fifty United States, its territories, and the District of
44

•HR 3610 EH

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

2 workyears shall be applied as defined in the Federal Per3 sonnel Manual: Provided further, That workyears ex4 pended in dependent student hiring programs for dis5 advantaged youths shall not be included in this workyear

6 limitation.

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

8 Act shall be used in any way, directly or indirectly, to in9 fluence congressional action on any legislation or appro10 priation matters pending before the Congress.

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

12 this Act shall be used to make contributions to the Depart13 ment of Defense Education Benefits Fund pursuant to

14 section 2006(g) of title 10, United States Code, represent15 ing the normal cost for future benefits under section

16 3015(c) of title 38, United States Code, for any member

17 of the armed services who, on or after the date of enact18 ment of this Act—

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

20 active duty of less than three years; or

21 (2) receives an enlistment bonus under section

22 308a or 308f of title 37, United States Code,

23 nor shall any amounts representing the normal cost of

24 such future benefits be transferred from the Fund by the

25 Secretary of the Treasury to the Secretary of Veterans
45

•HR 3610 EH

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

2 States Code; nor shall the Secretary of Veterans Affairs

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

4 the case of a member covered by clause (1), these limita5 tions shall not apply to members in combat arms skills

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

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

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

9 the cost-effective use of special recruiting incentives in10 volving not more than nineteen noncombat arms skills ap11 proved in advance by the Secretary of Defense: Provided

12 further, That this subsection applies only to active compo13 nents of the Army.

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

15 be available for the basic pay and allowances of any mem16 ber of the Army participating as a full-time student and

17 receiving benefits paid by the Secretary of Veterans Af18 fairs from the Department of Defense Education Benefits

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

20 toward completion of a service commitment: Provided,

21 That this subsection shall not apply to those members who

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

23 Provided further, That this subsection applies only to ac24 tive components of the Army.
46

•HR 3610 EH

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

2 Act shall be available to convert to contractor performance

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

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

5 by more than ten Department of Defense civilian employ6 ees until a most efficient and cost-effective organization

7 analysis is completed on such activity or function and cer8 tification of the analysis is made to the Committees on

9 Appropriations of the House of Representatives and the

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

11 commercial or industrial type function of the Department

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

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

14 1938 (41 U.S.C. 47), popularly referred to as the Javits15 Wagner-O’Day Act; (2) is planned to be converted to per16 formance by a qualified nonprofit agency for the blind or

17 by a qualified nonprofit agency for other severely handi18 capped individuals in accordance with that Act; or (3) is

19 planned to be converted to performance by a qualified firm

20 under 51 percent Native American ownership.

21 (TRANSFER OF FUNDS)

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

23 for the Department of Defense Pilot Mentor-Protege Pro24 gram may be transferred to any other appropriation con25 tained in this Act solely for the purpose of implementing
47

•HR 3610 EH

1 a Mentor-Protege Program developmental assistance

2 agreement pursuant to section 831 of the National De3 fense Authorization Act for Fiscal Year 1991 (Public Law

4 101–510; 10 U.S.C. 2301 note), as amended, under the

5 authority of this provision or any other transfer authority

6 contained in this Act.

7 SEC. 8017. None of the funds in this Act may be

8 available for the purchase by the Department of Defense

9 (and its departments and agencies) of welded shipboard

10 anchor and mooring chain 4 inches in diameter and under

11 unless the anchor and mooring chain are manufactured

12 in the United States from components which are substan13 tially manufactured in the United States: Provided, That

14 for the purpose of this section manufactured will include

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

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

17 Provided further, That for the purpose of this section sub18 stantially all of the components of anchor and mooring

19 chain shall be considered to be produced or manufactured

20 in the United States if the aggregate cost of the compo21 nents produced or manufactured in the United States ex22 ceeds the aggregate cost of the components produced or

23 manufactured outside the United States: Provided further,

24 That when adequate domestic supplies are not available

25 to meet Department of Defense requirements on a timely
48

•HR 3610 EH

1 basis, the Secretary of the service responsible for the pro2 curement may waive this restriction on a case-by-case

3 basis by certifying in writing to the Committees on Appro4 priations that such an acquisition must be made in order

5 to acquire capability for national security purposes.

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

7 Act available for the Civilian Health and Medical Program

8 of the Uniformed Services (CHAMPUS) shall be available

9 for the reimbursement of any health care provider for in10 patient mental health service for care received when a pa11 tient is referred to a provider of inpatient mental health

12 care or residential treatment care by a medical or health

13 care professional having an economic interest in the facil14 ity to which the patient is referred: Provided, That this

15 limitation does not apply in the case of inpatient mental

16 health services provided under the program for the handi17 capped under subsection (d) of section 1079 of title 10,

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

19 provided pursuant to a waiver authorized by the Secretary

20 of Defense because of medical or psychological cir21 cumstances of the patient that are confirmed by a health

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

23 pursuant to rules prescribed by the Secretary, which takes

24 into account the appropriate level of care for the patient,
49

•HR 3610 EH

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

2 availability of that care.

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

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

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

6 the Vietnam era to an annual meeting in the United

7 States, under such regulations as the Secretary of Defense

8 may prescribe.

9 SEC. 8020. Notwithstanding any other provision of

10 law, during the current fiscal year, the Secretary of De11 fense may, by Executive Agreement, establish with host

12 nation governments in NATO member states a separate

13 account into which such residual value amounts negotiated

14 in the return of United States military installations in

15 NATO member states may be deposited, in the currency

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

17 the United States Treasury: Provided, That such credits

18 may be utilized only for the construction of facilities to

19 support United States military forces in that host nation,

20 or such real property maintenance and base operating

21 costs that are currently executed through monetary trans22 fers to such host nations: Provided further, That the De23 partment of Defense’s budget submission for fiscal year

24 1998 shall identify such sums anticipated in residual value

25 settlements, and identify such construction, real property
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1 maintenance or base operating costs that shall be funded

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

3 That all military construction projects to be executed from

4 such accounts must be previously approved in a prior Act

5 of Congress: Provided further, That each such Executive

6 Agreement with a NATO member host nation shall be re7 ported to the congressional defense committees, the Com8 mittee on International Relations of the House of Rep9 resentatives and the Committee on Foreign Relations of

10 the Senate thirty days prior to the conclusion and endorse11 ment of any such agreement established under this provi12 sion.

13 SEC. 8021. None of the funds available to the De14 partment of Defense may be used to demilitarize or dis15 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,

16 .22 caliber rifles, or M–1911 pistols.

17 SEC. 8022. Notwithstanding any other provision of

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

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

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

21 Code, in a lump sum.

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

23 Act shall be available for payments under the Department

24 of Defense contract with the Louisiana State University

25 Medical Center involving the use of cats for Brain Missile
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•HR 3610 EH

1 Wound Research, and the Department of Defense shall

2 not make payments under such contract from funds obli3 gated prior to the date of the enactment of this Act, except

4 as necessary for costs incurred by the contractor prior to

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

6 for the care of animals covered by this contract are al7 lowed.

8 SEC. 8024. None of the funds provided in this Act

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

10 research at any Army Research Laboratory until the Sec11 retary of the Army certifies that the synthetic compound

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

13 use will result in a significant medical finding, the re14 search has military application, the research will be con15 ducted in accordance with the standards set by an animal

16 care and use committee, and the research does not dupli17 cate research already conducted by a manufacturer or any

18 other research organization.

19 SEC. 8025. No more than $500,000 of the funds ap20 propriated or made available in this Act shall be used for

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

22 function of the Department of Defense into or within the

23 National Capital Region: Provided, That the Secretary of

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

25 by certifying in writing to the Committees on Appropria-
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•HR 3610 EH

1 tions of the House of Representatives and Senate that

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

3 Government.

4 SEC. 8026. During the current fiscal year, funds ap5 propriated or otherwise available for any Federal agency,

6 the Congress, the judicial branch, or the District of Co7 lumbia may be used for the pay, allowances, and benefits

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

9 an individual employed by the government of the District

10 of Columbia, permanent or temporary indefinite, who—

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

12 Armed Forces, as described in section 261 of title

13 10, or the National Guard, as described in section

14 101 of title 32;

15 (2) performs, for the purpose of providing mili16 tary aid to enforce the law or providing assistance

17 to civil authorities in the protection or saving of life

18 or property or prevention of injury—

19 (A) Federal service under section 331,

20 332, 333, or 12406 of title 10, or other provi21 sion of law, as applicable, or

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

23 the District of Columbia, the Commonwealth of

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

25 and
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1 (3) requests and is granted—

2 (A) leave under the authority of this sec3 tion; or

4 (B) annual leave, which may be granted

5 without regard to the provisions of sections

6 5519 and 6323(b) of title 5, if such employee

7 is otherwise entitled to such annual leave:

8 Provided, That any employee who requests leave under

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

10 of this section is entitled to such leave, subject to the pro11 visions of this section and of the last sentence of section

12 6323(b) of title 5, and such leave shall be considered leave

13 under section 6323(b) of title 5.

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

15 Act shall be available to perform any cost study pursuant

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

17 performed exceeds a period of twenty-four months after

18 initiation of such study with respect to a single function

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

20 for a multi-function activity.

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

22 American Forces Information Service shall not be used for

23 any national or international political or psychological ac24 tivities.
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•HR 3610 EH

1 SEC. 8029. Notwithstanding any other provision of

2 law or regulation, the Secretary of Defense may adjust

3 wage rates for civilian employees hired for certain health

4 care occupations as authorized for the Secretary of Veter5 ans Affairs by section 7455 of title 38, United States

6 Code.

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

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

9 the operation of the 53rd Weather Reconnaissance Squad10 ron of the Air Force Reserve, if such action would reduce

11 the WC–130 Weather Reconnaissance mission below the

12 levels funded in this Act.

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

14 supplies or services appropriated by this Act, qualified

15 nonprofit agencies for the blind or other severely handi16 capped shall be afforded the maximum practicable oppor17 tunity to participate as subcontractors and suppliers in the

18 performance of contracts let by the Department of De19 fense.

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

21 which has negotiated with a military service or defense

22 agency a subcontracting plan for the participation by

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

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

25 credit toward meeting that subcontracting goal for any
55

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1 purchases made from qualified nonprofit agencies for the

2 blind or other severely handicapped.

3 (c) For the purpose of this section, the phrase ‘‘quali4 fied nonprofit agency for the blind or other severely handi5 capped’’ means a nonprofit agency for the blind or other

6 severely handicapped that has been approved by the Com7 mittee for the Purchase from the Blind and Other Severely

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

9 U.S.C. 46–48).

10 SEC. 8032. During the current fiscal year, net re11 ceipts pursuant to collections from third party payers pur12 suant to section 1095 of title 10, United States Code, shall

13 be made available to the local facility of the uniformed

14 services responsible for the collections and shall be over

15 and above the facility’s direct budget amount.

16 SEC. 8033. During the current fiscal year, the De17 partment of Defense is authorized to incur obligations of

18 not to exceed $350,000,000 for purposes specified in sec19 tion 2350j(c) of title 10, United States Code, in anticipa20 tion of receipt of contributions, only from the Government

21 of Kuwait, under that section: Provided, That, upon re22 ceipt, such contributions from the Government of Kuwait

23 shall be credited to the appropriation or fund which in24 curred such obligations.
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•HR 3610 EH

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

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

3 Air Patrol, of which $15,426,000 shall be available for Op4 eration and Maintenance.

5 SEC. 8035. (a) None of the funds appropriated in this

6 Act are available to establish a new Department of De7 fense Federally Funded Research and Development Cen8 ter (FFRDC), either as a new entity, or as a separate

9 entity administered by an organization managing another

10 FFRDC, or as a nonprofit membership corporation con11 sisting of a consortium of other FFRDCs and other non12 profit entities.

13 (b) LIMITATION ON COMPENSATION.—No member of

14 a Board of Directors, Trustees, Overseers, Advisory

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

16 similar entity of a defense FFRDC, and no paid consult17 ant to any defense FFRDC, may be compensated for his

18 or her services as a member of such entity, or as a paid

19 consultant, except under the same conditions, and to the

20 same extent, as members of the Defense Science Board:

21 Provided, That a member of any such entity referred to

22 previously in this subsection shall be allowed travel ex23 penses and per diem as authorized under the Federal

24 Joint Travel Regulations, when engaged in the perform25 ance of membership duties.
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•HR 3610 EH

1 (c) Notwithstanding any other provision of law, none

2 of the funds available to the Department of Defense from

3 any source during fiscal year 1997 may be used by a de4 fense FFRDC, through a fee or other payment mecha5 nism, for charitable contributions, for construction of new

6 buildings, for payment of cost sharing for projects funded

7 by government grants, or for absorption of contract over8 runs.

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

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

11 or armor steel plate for use in any Government-owned fa12 cility or property under the control of the Department of

13 Defense which were not melted and rolled in the United

14 States or Canada: Provided, That these procurement re15 strictions shall apply to any and all Federal Supply Class

16 9515, American Society of Testing and Materials (ASTM)

17 or American Iron and Steel Institute (AISI) specifications

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

19 That the Secretary of the military department responsible

20 for the procurement may waive this restriction on a case21 by-case basis by certifying in writing to the Committees

22 on Appropriations of the House of Representatives and the

23 Senate that adequate domestic supplies are not available

24 to meet Department of Defense requirements on a timely

25 basis and that such an acquisition must be made in order
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•HR 3610 EH

1 to acquire capability for national security purposes: Pro2 vided further, That these restrictions shall not apply to

3 contracts which are in being as of the date of enactment

4 of this Act.

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

6 ‘‘congressional defense committees’’ means the National

7 Security Committee of the House of Representatives, the

8 Armed Services Committee of the Senate, the subcommit9 tee on Defense of the Committee on Appropriations of the

10 Senate, and the subcommittee on National Security of the

11 Committee on Appropriations of the House of Representa12 tives.

13 SEC. 8038. Notwithstanding any other provision of

14 law, during the current fiscal year, the Department of De15 fense may acquire the modification, depot maintenance

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

17 production of components and other Defense-related arti18 cles, through competition between Department of Defense

19 depot maintenance activities and private firms: Provided,

20 That the Senior Acquisition Executive of the military de21 partment or defense agency concerned, with power of dele22 gation, shall certify that successful bids include com23 parable estimates of all direct and indirect costs for both

24 public and private bids: Provided further, That Office of
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1 Management and Budget Circular A–76 shall not apply

2 to competitions conducted under this section.

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

4 consultation with the United States Trade Representative,

5 determines that a foreign country which is party to an

6 agreement described in paragraph (2) has violated the

7 terms of the agreement by discriminating against certain

8 types of products produced in the United States that are

9 covered by the agreement, the Secretary of Defense shall

10 rescind the Secretary’s blanket waiver of the Buy Amer11 ican Act with respect to such types of products produced

12 in that foreign country.

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

14 reciprocal defense procurement memorandum of under15 standing, between the United States and a foreign country

16 pursuant to which the Secretary of Defense has prospec17 tively waived the Buy American Act for certain products

18 in that country.

19 (b) The Secretary of Defense shall submit to Con20 gress a report on the amount of Department of Defense

21 purchases from foreign entities in fiscal year 1997. Such

22 report shall separately indicate the dollar value of items

23 for which the Buy American Act was waived pursuant to

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

25 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
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1 international agreement to which the United States is a

2 party.

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

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

5 making appropriations for the Treasury and Post Office

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

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

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

9 SEC. 8040. Appropriations contained in this Act that

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

11 a result of energy cost savings realized by the Department

12 of Defense shall remain available for obligation for the

13 next fiscal year to the extent, and for the purposes, pro14 vided in section 2865 of title 10, United States Code.

15 SEC. 8041. During the current fiscal year and here16 after, voluntary separation incentives payable under 10

17 U.S.C. 1175 may be paid in such amounts as are nec18 essary from the assets of the Voluntary Separation Incen19 tive Fund established by section 1175(h)(1).

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8042. Amounts deposited during the current fis22 cal year to the special account established under 40 U.S.C.

23 485(h)(2) and to the special account established under 10

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

25 until transferred by the Secretary of Defense to current
61

•HR 3610 EH

1 applicable appropriations or funds of the Department of

2 Defense under the terms and conditions specified by 40

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

4 2667(d)(1)(B), to be merged with and to be available for

5 the same time period and the same purposes as the appro6 priation to which transferred.

7 SEC. 8043. During the current fiscal year, appropria8 tions available to the Department of Defense may be used

9 to reimburse a member of a reserve component of the

10 Armed Forces who is not otherwise entitled to travel and

11 transportation allowances and who occupies transient gov12 ernment housing while performing active duty for training

13 or inactive duty training: Provided, That such members

14 may be provided lodging in kind if transient government

15 quarters are unavailable as if the member was entitled to

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

17 37, United States Code: Provided further, That if lodging

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

19 of such lodging may be paid directly from funds appro20 priated for operation and maintenance of the reserve com21 ponent of the member concerned.

22 SEC. 8044. The President shall include with each

23 budget for a fiscal year submitted to the Congress under

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

25 that shall identify clearly and separately the amounts re-
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•HR 3610 EH

1 quested in the budget for appropriation for that fiscal year

2 for salaries and expenses related to administrative activi3 ties of the Department of Defense, the military depart4 ments, and the Defense Agencies.

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

6 contained in the Department of Defense Overseas Military

7 Facility Investment Recovery Account established by sec8 tion 2921(c)(1) of the National Defense Authorization Act

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

10 be available until expended for the payments specified by

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

12 SEC. 8046. During the current fiscal year and here13 after, annual payments granted under the provisions of

14 section 4416 of the National Defense Authorization Act

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

16 2714) shall be made from appropriations in this Act which

17 are available for the pay of reserve component personnel.

18 SEC. 8047. Of the funds appropriated or otherwise

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

20 shall be available for payment of the operating costs of

21 NATO Headquarters: Provided, That the Secretary of De22 fense may waive this section for Department of Defense

23 support provided to NATO forces in and around the

24 former Yugoslavia.
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•HR 3610 EH

1 SEC. 8048. During the current fiscal year, appropria2 tions which are available to the Department of Defense

3 for operation and maintenance may be used to purchase

4 items having an investment item unit cost of not more

5 than $100,000.

6 SEC. 8049. During the current fiscal year and here7 after, appropriations available for the pay and allowances

8 of active duty members of the Armed Forces shall be avail9 able to pay the retired pay which is payable pursuant to

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

11 note) under the terms and conditions provided in section

12 4403.

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

14 of the appropriations or funds available to the Defense

15 Business Operations Fund shall be used for the purchase

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

17 inventory item for sale or anticipated sale during the cur18 rent fiscal year or a subsequent fiscal year to customers

19 of the Defense Business Operations Fund if such an item

20 would not have been chargeable to the Defense Business

21 Operations Fund during fiscal year 1994 and if the pur22 chase of such an investment item would be chargeable dur23 ing the current fiscal year to appropriations made to the

24 Department of Defense for procurement.
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1 (b) The fiscal year 1998 budget request for the De2 partment of Defense as well as all justification material

3 and other documentation supporting the fiscal year 1998

4 Department of Defense budget shall be prepared and sub5 mitted to the Congress on the basis that any equipment

6 which was classified as an end item and funded in a pro7 curement appropriation contained in this Act shall be

8 budgeted for in a proposed fiscal year 1998 procurement

9 appropriation and not in the supply management business

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

11 Operations Fund.

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

13 shall be available for use by a Military Department to

14 modify an aircraft, weapon, ship or other item of equip15 ment, that the Military Department concerned plans to

16 retire or otherwise dispose of within five years after com17 pletion of the modification: Provided, That this prohibition

18 shall not apply to safety modifications: Provided further,

19 That this prohibition may be waived by the Secretary of

20 a Military Department if the Secretary determines it is

21 in the best national security interest of the United States

22 to provide such waiver and so notifies the congressional

23 defense committees in writing.

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

25 Act for programs of the Central Intelligence Agency shall
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•HR 3610 EH

1 remain available for obligation beyond the current fiscal

2 year, except for funds appropriated for the Reserve for

3 Contingencies, which shall remain available until Septem4 ber 30, 1998.

5 SEC. 8053. Notwithstanding any other provision of

6 law, funds made available in this Act for the Defense In7 telligence Agency may be used for the design, develop8 ment, and deployment of General Defense Intelligence

9 Program intelligence communications and intelligence in10 formation systems for the Services, the Unified and Speci11 fied Commands, and the component commands.

12 SEC. 8054. (a) HIGH PERFORMANCE COMPUTING

13 MODERNIZATION PROGRAM.—Of the funds appropriated

14 in this Act under the heading ‘‘Procurement, Defense15 Wide’’, $143,235,000 shall be made available for the High

16 Performance Computing Modernization Program (referred

17 to in this section as the ‘‘program’’). Of the funds appro18 priated in this Act under the heading ‘‘Research, Develop19 ment, Test and Evaluation, Defense-Wide’’, $61,380,000

20 shall be made available for the program. Of the total funds

21 made available for the program pursuant to this sub22 section, $20,000,000 shall be for the Army High Perform23 ance Computing Research Center.

24 (b) IMPLEMENTATION OF PROGRAM.—The procure25 ment funds made available for the program pursuant to
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1 subsection (a) shall be used only for the procurement of

2 computer hardware and ancillary equipment for the high

3 performance computing facilities of the Department of De4 fense.

5 (c) ANNUAL PUBLICATION OF PROGRAM PLANS.—

6 Hereafter, the Secretary of Defense shall annually pre7 pare, and make available to the public, an updated and

8 unclassified program plan and program implementation

9 plan.

10 (d) REDUCTION OF ACQUISITION DELAYS.—Here11 after, the Secretary of Defense shall take such actions as

12 may be necessary to minimize delays in the acquisition of

13 computer hardware under the program.

14 SEC. 8055. Amounts collected for the use of the fa15 cilities of the National Science Center for Communications

16 and Electronics during the current fiscal year pursuant

17 to section 1459(g) of the Department of Defense Author18 ization Act, 1986 and deposited to the special account es19 tablished under subsection 1459(g)(2) of that Act are ap20 propriated and shall be available until expended for the

21 operation and maintenance of the Center as provided for

22 in subsection 1459(g)(2).

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

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

25 military medical facility with a health care professional
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1 unless the prospective candidate can demonstrate profes2 sional administrative skills.

3 SEC. 8057. (a) None of the funds appropriated in this

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

5 Defense unless the entity, in expending the funds, com6 plies with the Buy American Act. For purposes of this

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

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

9 Treasury and Post Office Departments for the fiscal year

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

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

12 (b) If the Secretary of Defense determines that a per13 son has been convicted of intentionally affixing a label

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

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

16 in America, the Secretary shall determine, in accordance

17 with section 2410f of title 10, United States Code, wheth18 er the person should be debarred from contracting with

19 the Department of Defense.

20 (c) In the case of any equipment or products pur21 chased with appropriations provided under this Act, it is

22 the sense of the Congress that any entity of the Depart23 ment of Defense, in expending the appropriation, purchase

24 only American-made equipment and products, provided

25 that American-made equipment and products are cost-
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1 competitive, quality-competitive, and available in a timely

2 fashion.

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

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

5 or consulting services entered into without competition on

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

7 activity responsible for the procurement determines—

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

9 only one source is found fully qualified to perform

10 the proposed work, or

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

12 unsolicited proposal which offers significant sci13 entific or technological promise, represents the prod14 uct of original thinking, and was submitted in con15 fidence by one source, or

16 (3) the purpose of the contract is to take ad17 vantage of unique and significant industrial accom18 plishment by a specific concern, or to insure that a

19 new product or idea of a specific concern is given fi20 nancial support:

21 Provided, That this limitation shall not apply to contracts

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

23 improvements of equipment that is in development or pro24 duction, or contracts as to which a civilian official of the

25 Department of Defense, who has been confirmed by the
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•HR 3610 EH

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

2 the interest of the national defense.

3 SEC. 8059. Funds appropriated by this Act for intel4 ligence activities are deemed to be specifically authorized

5 by the Congress for purposes of section 504 of the Na6 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

7 year 1997 until the enactment of the Intelligence Author8 ization Act for fiscal year 1997.

9 SEC. 8060. (a) None of the funds made available by

10 this Act may be obligated for design, development, acquisi11 tion, or operation of more than 47 Titan IV expendable

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

13 a Titan IV requirement beyond 47 vehicles.

14 (b) $59,600,000 made available in this Act for Re15 search, Development, Test and Evaluation, Air Force,

16 may only be obligated for development of a new family

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

18 evolved from existing technologies.

19 SEC. 8061. None of the funds available to the De20 partment of Defense in this Act may be used to establish

21 additional field operating agencies of any element of the

22 Department during fiscal year 1997, except for field oper23 ating agencies funded within the National Foreign Intel24 ligence Program: Provided, That the Secretary of Defense

25 may waive this section by certifying to the House and Sen-
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•HR 3610 EH

1 ate Committees on Appropriations that the creation of

2 such field operating agencies will reduce either the person3 nel and/or financial requirements of the Department of

4 Defense.

5 SEC. 8062. Notwithstanding any other provision of

6 law, for resident classes entering the war colleges after

7 September 30, 1997, the Department of Defense shall re8 quire that not less than 20 percent of the total of United

9 States military students at each war college shall be from

10 military departments other than the hosting military de11 partment: Provided, That each military department will

12 recognize the attendance at a sister military department

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

14 college for promotion and advancement of personnel.

15 SEC. 8063. None of the funds provided in this Act

16 may be obligated for payment on new contracts on which

17 allowable costs charged to the government include pay18 ments for individual compensation at a rate in excess of

19 $250,000 per year.

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

21 may be used to reduce the authorized positions for mili22 tary (civilian) technicians of the Army National Guard,

23 the Air National Guard, Army Reserve and Air Force Re24 serve for the purpose of applying any administratively im25 posed civilian personnel ceiling, freeze, or reduction on
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1 military (civilian) technicians, unless such reductions are

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

3 SEC. 8065. None of the funds appropriated or other4 wise made available in this Act may be obligated or ex5 pended for assistance to the Democratic People’s Republic

6 of North Korea unless specifically appropriated for that

7 purpose.

8 SEC. 8066. During the current fiscal year, funds ap9 propriated in this Act are available to compensate mem10 bers of the National Guard for duty performed pursuant

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

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

13 United States Code: Provided, That during the perform14 ance of such duty, the members of the National Guard

15 shall be under State command and control: Provided fur16 ther, That such duty shall be treated as full-time National

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

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

19 SEC. 8067. Funds appropriated in this Act for oper20 ation and maintenance of the Military Departments, Uni21 fied and Specified Commands and Defense Agencies shall

22 be available for reimbursement of pay, allowances and

23 other expenses which would otherwise be incurred against

24 appropriations for the National Guard and Reserve when

25 members of the National Guard and Reserve provide intel-
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•HR 3610 EH

1 ligence support to Unified Commands, Defense Agencies

2 and Joint Intelligence Activities, including the activities

3 and programs included within the General Defense Intel4 ligence Program and the Consolidated Cryptologic Pro5 gram: Provided, That nothing in this section authorizes

6 deviation from established Reserve and National Guard

7 personnel and training procedures.

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

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

10 the civilian medical and medical support personnel as11 signed to military treatment facilities below the September

12 30, 1996 level.

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

14 the administration of the Civilian Health and Medical Pro15 gram of the Uniformed Services (CHAMPUS) shall be

16 credited to current year appropriations.

17 (INCLUDING TRANSFER OF FUNDS)

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

19 Act may be transferred to or obligated from the Pentagon

20 Reservation Maintenance Revolving Fund, unless the Sec21 retary of Defense certifies that the total cost for the plan22 ning, design, construction and installation of equipment

23 for the renovation of the Pentagon Reservation will not

24 exceed $1,218,000,000.

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

26 Department of Defense for any fiscal year for drug inter-
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•HR 3610 EH

1 diction or counter-drug activities may be transferred to

2 any other department or agency of the United States ex3 cept as specifically provided in an appropriations law.

4 (b) None of the funds available to the Central Intel5 ligence Agency for any fiscal year for drug interdiction

6 and counter-drug activities may be transferred to any

7 other department or agency of the United States except

8 as specifically provided in an appropriations law.

9 (TRANSFER OF FUNDS)

10 SEC. 8072. Appropriations available in this Act under

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

12 for increasing energy and water efficiency in Federal

13 buildings may, during their period of availability, be trans14 ferred to other appropriations or funds of the Department

15 of Defense for projects related to increasing energy and

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

17 for the same general purposes, and for the same time pe18 riod, as the appropriation or fund to which transferred.

19 SEC. 8073. None of the funds appropriated by this

20 Act may be used for the procurement of ball and roller

21 bearings other than those produced by a domestic source

22 and of domestic origin: Provided, That the Secretary of

23 the military department responsible for such procurement

24 may waive this restriction on a case-by-case basis by cer25 tifying in writing to the Committees on Appropriations of
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1 the House of Representatives and the Senate, that ade2 quate domestic supplies are not available to meet Depart3 ment of Defense requirements on a timely basis and that

4 such an acquisition must be made in order to acquire ca5 pability for national security purposes.

6 SEC. 8074. None of the funds in this Act may be

7 used to purchase any supercomputer which is not manu8 factured in the United States, unless the Secretary of De9 fense certifies to the congressional defense committees

10 that such an acquisition must be made in order to acquire

11 capability for national security purposes that is not avail12 able from United States manufacturers.

13 SEC. 8075. None of the funds appropriated by this

14 Act shall be available to lease or charter a vessel in excess

15 of seventeen months (inclusive of any option periods) to

16 transport fuel or oil for the Department of Defense if the

17 vessel was constructed after October 1, 1995 unless the

18 Secretary of Defense requires that the vessel be con19 structed in the United States with a double hull under

20 the long-term lease or charter authority provided in sec21 tion 2401 note of title 10, United States Code: Provided,

22 That this limitation shall not apply to contracts in force

23 on the date of enactment of this Act: Provided further,

24 That by 1997 at least 20 percent of annual leases and

25 charters must be for ships of double hull design con-
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1 structed after October 1, 1995 if available in numbers suf2 ficient to satisfy this requirement: Provided further, That

3 the Military Sealift Command shall plan to achieve the

4 goal of eliminating single hull ship leases by the year

5 2015.

6 SEC. 8076. Notwithstanding any other provision in

7 this Act, the total amount appropriated in this Act is here8 by reduced by $500,000,000 to reflect savings from re9 duced carryover of activities funded through the Defense

10 Business Operations Fund, to be distributed as follows:

11 ‘‘Operation and Maintenance, Army’’, $60,000,000; and

12 ‘‘Operation and Maintenance, Navy’’, $440,000,000.

13 SEC. 8077. During the current fiscal year, the Army

14 shall use the former George Air Force Base as the airhead

15 for the National Training Center at Fort Irwin: Provided,

16 That none of the funds in this Act shall be obligated or

17 expended to transport Army personnel into Edwards Air

18 Force Base for training rotations at the National Training

19 Center.

20 SEC. 8078. (a) The Secretary of Defense shall sub21 mit, on a quarterly basis, a report to the congressional

22 defense committees, the Committee on International Rela23 tions of the House of Representatives and the Committee

24 on Foreign Relations of the Senate setting forth all costs

25 (including incremental costs) incurred by the Department
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1 of Defense during the preceding quarter in implementing

2 or supporting resolutions of the United Nations Security

3 Council, including any such resolution calling for inter4 national sanctions, international peacekeeping operations,

5 and humanitarian missions undertaken by the Depart6 ment of Defense. The quarterly report shall include an ag7 gregate of all such Department of Defense costs by oper8 ation or mission.

9 (b) The Secretary of Defense shall detail in the quar10 terly reports all efforts made to seek credit against past

11 United Nations expenditures and all efforts made to seek

12 compensation from the United Nations for costs incurred

13 by the Department of Defense in implementing and sup14 porting United Nations activities.

15 SEC. 8079. (a) LIMITATION ON TRANSFER OF DE16 FENSE ARTICLES AND SERVICES.—Notwithstanding any

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

18 Department of Defense for the current fiscal year may be

19 obligated or expended to transfer to another nation or an

20 international organization any defense articles or services

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

22 described in subsection (b) unless the congressional de23 fense committees, the Committee on International Rela24 tions of the House of Representatives, and the Committee
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1 on Foreign Relations of the Senate are notified 15 days

2 in advance of such transfer.

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

4 to—

5 (A) any international peacekeeping or peace-en6 forcement operation under the authority of chapter

7 VI or chapter VII of the United Nations Charter

8 under the authority of a United Nations Security

9 Council resolution; and

10 (B) any other international peacekeeping,

11 peace-enforcement, or humanitarian assistance oper12 ation.

13 (c) REQUIRED NOTICE.—A notice under subsection

14 (a) shall include the following:

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

16 services to be transferred.

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

18 supplies, or services to be transferred.

19 (3) In the case of a proposed transfer of equip20 ment or supplies—

21 (A) a statement of whether the inventory

22 requirements of all elements of the Armed

23 Forces (including the reserve components) for

24 the type of equipment or supplies to be trans25 ferred have been met; and
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1 (B) a statement of whether the items pro2 posed to be transferred will have to be replaced

3 and, if so, how the President proposes to pro4 vide funds for such replacement.

5 SEC. 8080. None of the funds available to the De6 partment of Defense shall be obligated or expended to

7 make a financial contribution to the United Nations for

8 the cost of an United Nations peacekeeping activity

9 (whether pursuant to assessment or a voluntary contribu10 tion) or for payment of any United States arrearage to

11 the United Nations.

12 SEC. 8081. None of the funds available to the De13 partment of Defense under this Act shall be obligated or

14 expended to pay a contractor under a contract with the

15 Department of Defense for costs of any amount paid by

16 the contractor to an employee when—

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

18 excess of the normal salary paid by the contractor

19 to the employee; and

20 (2) such bonus is part of restructuring costs as21 sociated with a business combination.

22 SEC. 8082. The amount otherwise provided by this

23 Act for ‘‘Operation and Maintenance, Air Force’’ is hereby

24 reduced by $195,000,000, to reflect a reduction in the
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1 passthrough to the Air Force business areas of the De2 fense Business Operations Fund.

3 SEC. 8083. None of the funds provided in title II of

4 this Act for ‘‘Former Soviet Union Threat Reduction’’

5 may be obligated or expended to finance housing for any

6 individual who was a member of the military forces of the

7 Soviet Union or for any individual who is or was a member

8 of the military forces of the Russian Federation.

9 SEC. 8084. Beginning in fiscal year 1997 and there10 after, and notwithstanding any other provision of law,

11 fixed and mobile telecommunications support shall be pro12 vided by the White House Communications Agency

13 (WHCA) to the United States Secret Service (USSS),

14 without reimbursement, in connection with the Secret

15 Service’s duties directly related to the protection of the

16 President or the Vice President or other officer imme17 diately next in order of succession to the office of the

18 President at the White House Security Complex in the

19 Washington, D.C. Metropolitan Area and Camp David,

20 Maryland. For these purposes, the White House Security

21 Complex includes the White House, the White House

22 grounds, the Old Executive Office Building, the New Ex23 ecutive Office Building, the Blair House, the Treasury

24 Building, and the Vice President’s Residence at the Naval

25 Observatory: Provided, That funds made available to the
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1 WHCA (or any successor agency) for support services for

2 the President from funds appropriated for the Department

3 of Defense for any fiscal year (beginning with fiscal year

4 1997) may be used only for the provision of telecommuni5 cations support to the President and Vice President and

6 related elements (as defined in regulations of that agency

7 and specified by the President with respect to particular

8 individuals within those related elements).

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

10 31, United States Code, any subdivision of appropriations

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

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

13 purpose as any subdivision under the heading ‘‘Shipbuild14 ing and Conversion, Navy’’ appropriations in any prior

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

16 amount of the appropriation.

17 SEC. 8086. During the current fiscal year, and not18 withstanding 31 U.S.C. 1552(a), funds appropriated

19 under the heading ‘‘Aircraft Procurement, Air Force’’ in

20 Public Laws 102–172 and 102–396 which were available

21 and obligated for the B–2 aircraft program shall remain

22 available for expenditure and for adjusting obligations for

23 such program until September 30, 2002.

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

25 of an appropriation account of the Department of Defense
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1 for which the period of availability for obligation has ex2 pired or which has closed under the provisions of section

3 1552 of title 31, United States Code, and which has a

4 negative unliquidated or unexpended balance, an obliga5 tion or an adjustment of an obligation may be charged

6 to any current appropriation account for the same purpose

7 as the expired or closed account if—

8 (1) the obligation would have been properly

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

10 closed account before the end of the period of avail11 ability or closing of that account;

12 (2) the obligation is not otherwise properly

13 chargeable to any current appropriation account of

14 the Department of Defense; and

15 (3) in the case of an expired account, the obli16 gation is not chargeable to a current appropriation

17 of the Department of Defense under the provisions

18 of section 1405(b)(8) of the National Defense Au19 thorization Act for Fiscal Year 1991, Public Law

20 101–510, as amended (31 U.S.C. 1551 note): Pro21 vided, That in the case of an expired account, if sub22 sequent review or investigation discloses that there

23 was not in fact a negative unliquidated or unex24 pended balance in the account, any charge to a cur25 rent account under the authority of this section shall
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1 be reversed and recorded against the expired ac2 count: Provided further, That the total amount

3 charged to a current appropriation under this sec4 tion may not exceed an amount equal to one percent

5 of the total appropriation for that account.

6 SEC. 8088. During the current fiscal year the Marine

7 Security Guard Program shall be administered under the

8 terms and conditions of the March 29, 1994 Memorandum

9 of Understanding between the Department of Defense and

10 the Department of State concerning such program and the

11 Department of State shall continue to pay, or provide re12 imbursement for, Marine Security Guard costs which are

13 the responsibility of the State Department under the pro14 visions of such Memorandum.

15 SEC. 8089. Notwithstanding any other provision in

16 this Act, the total amount appropriated in this Act is here17 by reduced by $400,000,000 to reflect savings from im18 proved management of spare and repair parts inventories

19 of the Department of Defense, to be distributed as follows:

20 ‘‘Operation and Maintenance, Army’’, $91,000,000; ‘‘Op21 eration and Maintenance, Navy’’, $32,600,000; and ‘‘Op22 eration and Maintenance, Air Force’’, $276,400,000.

23 SEC. 8090. Notwithstanding any other provision of

24 law, the Air Force shall not introduce any new supplier
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1 for the remaining production units for the AN/ALE–47

2 Countermeasure Dispenser System.

3 SEC. 8091. In applying section 9005 of the Depart4 ment of Defense Appropriations Act, 1993 (Public Law

5 102–396)—

6 (1) synthetic fabric and coated synthetic fabric

7 shall be deemed to include synthetic fiber and yarn

8 and their products; and

9 (2) such section shall (notwithstanding section

10 34 of Public Law 93–400) be treated as being appli11 cable to contracts and subcontracts for the procure12 ment of commercial items that are articles or items,

13 specialty metals, or tools covered by that section

14 9005.

15 SEC. 8092. TRADE-OFF STUDY OF CURRENT AND

16 FUTURE DEEP-STRIKE CAPABILITIES.—

17 (1) The Secretary of Defense shall carry out

18 the deep-strike tradeoff study announced by the

19 President to study tradeoffs between bombers, land

20 and sea-based tactical aircraft, and missiles capable

21 of striking targets in an enemy’s rear area.

22 (2) The Secretary of Defense shall establish an

23 ad hoc review committee under the auspices of the

24 Defense Science Board to establish the methodologi25 cal approach to the tradeoff study, to establish a
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1 broad range of stressing scenarios of interest, and to

2 review assumptions regarding the analyses to be con3 ducted.

4 (3) The ad hoc review committee to be estab5 lished under paragraph (2) shall include among its

6 members analysts who have performed or partici7 pated in bomber trade-off analysis, retired military

8 personnel with broad experience in recent conven9 tional warfare operations, and experts on the logis10 tics of both initial deployment and sustaining sup11 port. These members shall be selected without re12 gard for current service on the Defense Science

13 Board.

14 (4) After submitting its recommendations for

15 the conduct of the deep-strike tradeoff study to the

16 Secretary of Defense, the ad hoc review committee

17 shall continue to meet regularly to review prelimi18 nary results of the analysis and to recommend addi19 tional variations in assumptions that may be re20 quired to illuminate particular force trade-off issues.

21 SEC. 8093. TACTICAL AIRCRAFT REQUIREMENT

22 STUDY.—The Secretary of Defense and the Chairman of

23 the Joint Chiefs of Staff shall carry out a joint study

24 under the direct supervision of the Joint Requirements

25 Oversight Council (JROC) assessing future tactical air-
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1 craft requirements across service jurisdictions. This study

2 shall determine the best and most affordable mix of weap3 on systems to carry out different mission areas and shall

4 include recommendations for changes to the planned num5 bers and types of tactical aircraft to be developed and pro6 cured over the next ten years if appropriate. Such report

7 shall be submitted to the Congressional defense commit8 tees no later than March 30, 1997.

9 SEC. 8094. (a) CONSIDERATION OF PERCENTAGE OF

10 WORK PERFORMED IN THE UNITED STATES.—None of

11 the funds available to the Department of Defense under

12 this Act may be obligated or expended to evaluate sealed

13 bids and competitive proposals for a contract for the pro14 curement of property or services except when it is made

15 known to the Federal official having authority to obligate

16 or expend such funds that—

17 (1) a factor in such evaluation is the percentage

18 of work under the contract that the bidder or offeror

19 plans to perform in the United States; and

20 (2) a high importance is assigned to such fac21 tor.

22 (b) BREACH OF CONTRACT FOR TRANSFERRING

23 WORK OUTSIDE THE UNITED STATES.—None of the

24 funds available to the Department of Defense under this

25 Act may be obligated or expended to procure property or
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1 services except when it is made known to the Federal offi2 cial having authority to obligate or expend such funds that

3 each contract for the procurement of property or services

4 includes a clause providing that the contractor is deemed

5 to have breached the contract if the contractor performs

6 less work in the United States than the contractor stated,

7 in its response to the solicitation for the contract, that

8 it planned to perform in the United States.

9 (c) INELIGIBILITY FOR CONTRACT RENEWAL.—(1)

10 None of the funds available to the Department of Defense

11 under this Act may be obligated or expended to renew a

12 covered contract when it is made known to the Federal

13 official having authority to obligate or expend such funds

14 that the amount of work performed outside the United

15 States under the covered contract exceeded the maximum

16 amount of work that the contractor was expected to per17 form outside the United States, based on the amount of

18 work that the contractor stated, in its response to the so19 licitation for the contract, that it planned to perform in20 side the United States.

21 (2) For purposes of this section, a covered contract

22 is a contract for the procurement of property or services

23 that is made pursuant to a solicitation described in sub24 section (a).
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1 (d) WAIVER.—Subsections (a), (b), and (c) shall not

2 apply with respect to funds available to the Department

3 of Defense under this Act when it is made known to the

4 Federal official having authority to obligate or expend

5 such funds that an emergency situation or the national

6 security interests of the United States requires the obliga7 tion or expenditure of such funds.

8 (e) EXCEPTION FOR CONTRACTS BELOW SIMPLIFIED

9 ACQUISITION THRESHOLD.—This section does not apply

10 to contracts for amounts not greater than the simplified

11 acquisition threshold (as specified in section 2302(7) of

12 title 10, United States Code).

13 (f) EFFECTIVE DATE.—This section shall apply with

14 respect to contracts entered into more than 60 days after

15 the date of the enactment of this Act.

16 SEC. 8095. None of the funds available to the De17 partment of Defense under this Act may be obligated or

18 expended to pay a contractor under a contract with the

19 Department of Defense for any costs incurred by the con20 tractor when it is made known to the Federal official hav21 ing authority to obligate or expend such funds that such

22 costs are restructuring costs associated with a business

23 combination that were incurred on or after August 15,

24 1994.
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1 SEC. 8096. None of the funds available to the De2 partment of Defense under this Act may be obligated or

3 expended to procure landing gear for aircraft except when

4 it is made known to the Federal official having authority

5 to obligate or expend such funds that—

6 (1) the manufacturer of the item is part of the

7 national technology and industrial base;

8 (2) the landing gear is manufactured and as9 sembled in the United States; and

10 (3) the contract through which the procurement

11 is made is entered into more than 30 days after the

12 date of the enactment of this Act: Provided, That

13 contracts existing on the date of enactment of this

14 Act and existing or subsequent options in such con15 tracts through January 1, 2000, are not covered by

16 this section if the Secretary of the military depart17 ment which issued the aircraft production contract

18 certifies to the Appropriations Committees of the

19 House and Senate that purchasing landing gear

20 under the terms of this section will create a signifi21 cant adverse technical, cost, or schedule impact on

22 the aircraft production program.

23 SEC. 8097. (a) None of the funds appropriated or

24 otherwise made available by this Act for the Department

25 of Defense specimen repository described in subsection (b)
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1 may be used for any purpose except in accordance with

2 the requirement in paragraph numbered 3 of the covered

3 Department of Defense policy memorandum that specifi4 cally provides that permissible uses of specimen samples

5 in the repository are limited to the following purposes:

6 (1) Identification of human remains.

7 (2) Internal quality assurance activities to vali8 date processes for collection, maintenance and analy9 sis of samples.

10 (3) A purpose for which the donor of the sam11 ple (or surviving next-of-kin) provides consent.

12 (4) As compelled by other applicable law in a

13 case in which all of the following conditions are

14 present:

15 (A) The responsible Department of De16 fense official has received a proper judicial

17 order or judicial authorization.

18 (B) The specimen sample is needed for the

19 investigation or prosecution of a crime punish20 able by one year or more of confinement.

21 (C) No reasonable alternative means for

22 obtaining a specimen for DNA profile analysis

23 is available.

24 (b) The specimen repository referred to in subsection

25 (a) is the repository that was established pursuant to Dep-
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1 uty Secretary of Defense Memorandum 47803, dated De2 cember 16, 1991, and designated as the ‘‘Armed Forces

3 Repository of Specimen Samples for the Identification of

4 Remains’’ by paragraph numbered 4 in the covered De5 partment of Defense policy memorandum.

6 (c) For purposes of this section, the covered Depart7 ment of Defense policy memorandum is the memorandum

8 of the Assistant Secretary of Defense (Health Affairs) for

9 the Secretary of the Army, dated April 2, 1996, issued

10 pursuant to law which states as its subject ‘‘Policy Refine11 ments for the Armed Forces Repository of Specimen Sam12 ples for the Identification of Remains’’.

13 SEC. 8098. Hereafter, the Air National Guard may

14 assume responsibility for providing firefighting and rescue

15 services in response to all aircraft-related emergencies at

16 the Lincoln Municipal Airport in Lincoln, Nebraska.

17 SEC. 8099. None of the funds made available to the

18 Department of Defense under this Act may be obligated

19 or expended to enter into or renew a contract with an en20 tity when it is made known to the Federal official having

21 authority to obligate or expend such funds that—

22 (1) such entity is otherwise a contractor with

23 the United States and is subject to the requirement

24 in section 4212(d) of title 38, United States Code,

25 regarding submission of an annual report to the Sec-
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1 retary of Labor concerning employment of certain

2 veterans; and

3 (2) such entity has not submitted a report as

4 required by that section for the most recent year for

5 which such requirement was applicable to such en6 tity.

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

8 Appropriations Act, 1997’’.

Passed the House of Representatives June 13, 1996.

Attest:

Clerk.