In the Senate of the United States,

July 18, 1996.

Resolved, That the bill from the House of Representatives (H.R. 3610) entitled ‘‘An Act making appropriations for

the Department of Defense for the fiscal year ending September 30, 1997, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 1997, for military func4 tions administered by the Department of Defense, and for

5 other purposes, namely:

6 TITLE I

7 MILITARY PERSONNEL

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence,

10 interest on deposits, gratuities, permanent change of station
2

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1 travel (including all expenses thereof for organizational

2 movements), and expenses of temporary duty travel between

3 permanent duty stations, for members of the Army on active

4 duty (except members of reserve components provided for

5 elsewhere), cadets, and aviation cadets; and for payments

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

7 (42 U.S.C. 402 note), to section 229(b) of the Social Secu8 rity Act (42 U.S.C. 429(b)), and to the Department of De9 fense Military Retirement Fund; $20,559,042,000.

10 MILITARY PERSONNEL, NAVY

11 For pay, allowances, individual clothing, subsistence,

12 interest on deposits, gratuities, permanent change of station

13 travel (including all expenses thereof for organizational

14 movements), and expenses of temporary duty travel between

15 permanent duty stations, for members of the Navy on active

16 duty (except members of the Reserve provided for elsewhere),

17 midshipmen, and aviation cadets; and for payments pursu18 ant to section 156 of Public Law 97–377, as amended (42

19 U.S.C. 402 note), to section 229(b) of the Social Security

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

21 Military Retirement Fund; $16,943,581,000.

22 MILITARY PERSONNEL, MARINE CORPS

23 For pay, allowances, individual clothing, subsistence,

24 interest on deposits, gratuities, permanent change of station

25 travel (including all expenses thereof for organizational
3

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1 movements), and expenses of temporary duty travel between

2 permanent duty stations, for members of the Marine Corps

3 on active duty (except members of the Reserve provided for

4 elsewhere); and for payments pursuant to section 156 of

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

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

7 and to the Department of Defense Military Retirement

8 Fund; $6,099,182,000.

9 MILITARY PERSONNEL, AIR FORCE

10 For pay, allowances, individual clothing, subsistence,

11 interest on deposits, gratuities, permanent change of station

12 travel (including all expenses thereof for organizational

13 movements), and expenses of temporary duty travel between

14 permanent duty stations, for members of the Air Force on

15 active duty (except members of reserve components provided

16 for elsewhere), cadets, and aviation cadets; and for pay17 ments pursuant to section 156 of Public Law 97–377, as

18 amended (42 U.S.C. 402 note), to section 229(b) of the So19 cial Security Act (42 U.S.C. 429(b)), and to the Depart20 ment of Defense Military Retirement Fund;

21 $17,021,810,000.

22 RESERVE PERSONNEL, ARMY

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

24 travel, and related expenses for personnel of the Army Re25 serve on active duty under sections 10211, 10302, and 3038
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1 of title 10, United States Code, or while serving on active

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

3 in connection with performing duty specified in section

4 12310(a) of title 10, United States Code, or while under5 going reserve training, or while performing drills or equiva6 lent duty or other duty, and for members of the Reserve

7 Officers’ Training Corps, and expenses authorized by sec8 tion 16131 of title 10, United States Code; and for pay9 ments to the Department of Defense Military Retirement

10 Fund; $2,052,136,000.

11 RESERVE PERSONNEL, NAVY

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

13 travel, and related expenses for personnel of the Navy Re14 serve on active duty under section 10211 of title 10, United

15 States Code, or while serving on active duty under section

16 12301(d) of title 10, United States Code, in connection with

17 performing duty specified in section 12310(a) of title 10,

18 United States Code, or while undergoing reserve training,

19 or while performing drills or equivalent duty, and for mem20 bers of the Reserve Officers’ Training Corps, and expenses

21 authorized by section 16131 of title 10, United States Code;

22 and for payments to the Department of Defense Military

23 Retirement Fund; $1,396,989,000.
5

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1 RESERVE PERSONNEL, MARINE CORPS

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

3 travel, and related expenses for personnel of the Marine

4 Corps Reserve on active duty under section 10211 of title

5 10, United States Code, or while serving on active duty

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

7 connection with performing duty specified in section

8 12310(a) of title 10, United States Code, or while under9 going reserve training, or while performing drills or equiva10 lent duty, and for members of the Marine Corps platoon

11 leaders class, and expenses authorized by section 16131 of

12 title 10, United States Code; and for payments to the De13 partment of Defense Military Retirement Fund;

14 $389,325,000.

15 RESERVE PERSONNEL, AIR FORCE

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

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

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

19 8038 of title 10, United States Code, or while serving on

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

21 Code, in connection with performing duty specified in sec22 tion 12310(a) of title 10, United States Code, or while un23 dergoing reserve training, or while performing drills or

24 equivalent duty or other duty, and for members of the Air

25 Reserve Officers’ Training Corps, and expenses authorized
6

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1 by section 16131 of title 10, United States Code; and for

2 payments to the Department of Defense Military Retire3 ment Fund; $785,842,000.

4 NATIONAL GUARD PERSONNEL, ARMY

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

6 travel, and related expenses for personnel of the Army Na7 tional Guard while on duty under section 10211, 10302,

8 or 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 $3,259,169,000.

18 NATIONAL GUARD PERSONNEL, AIR FORCE

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

20 travel, and related expenses for personnel of the Air Na21 tional Guard on duty under section 10211, 10305, or 12402

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

23 or while serving on duty under section 12301(d) of title 10

24 or section 502(f) of title 32, United States Code, in connec25 tion with performing duty specified in section 12310(a) of
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1 title 10, United States Code, or while undergoing training,

2 or while performing drills or equivalent duty or other duty,

3 and expenses authorized by section 16131 of title 10, United

4 States Code; and for payments to the Department of Defense

5 Military Retirement Fund; $1,295,511,000.

6 TITLE II

7 OPERATION AND MAINTENANCE

8 OPERATION AND MAINTENANCE, ARMY

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses, not otherwise provided for, necessary for

11 the operation and maintenance of the Army, as authorized

12 by law; and not to exceed $11,437,000 can be used for emer13 gencies and extraordinary expenses, to be expended on the

14 approval or authority of the Secretary of the Army, and

15 payments may be made on his certificate of necessity for

16 confidential military purposes; $17,700,859,000 and, in ad17 dition, $50,000,000 shall be derived by transfer from the

18 National Defense Stockpile Transaction Fund: Provided,

19 That the amount made available by this paragraph for

20 Army Operation and Maintenance is reduced by

21 $1,500,000.

22 OPERATION AND MAINTENANCE, NAVY

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses, not otherwise provided for, necessary for

25 the operation and maintenance of the Navy and the Marine
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1 Corps, as authorized by law; and not to exceed $3,995,000,

2 can be used for emergencies and extraordinary expenses, to

3 be expended on the approval or authority of the Secretary

4 of the Navy, and payments may be made on his certificate

5 of necessity for confidential military purposes;

6 $20,241,517,000 and, in addition, $50,000,000 shall be de7 rived by transfer from the National Defense Stockpile

8 Transaction Fund.

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 For expenses, not otherwise provided for, necessary for

11 the operation and maintenance of the Marine Corps, as au12 thorized by law; $2,275,977,000.

13 OPERATION AND MAINTENANCE, AIR FORCE

14 (INCLUDING TRANSFER OF FUNDS)

15 For expenses, not otherwise provided for, necessary for

16 the operation and maintenance of the Air Force, as author17 ized by law; and not to exceed $8,362,000 can be used for

18 emergencies and extraordinary expenses, to be expended on

19 the approval or authority of the Secretary of the Air Force,

20 and payments may be made on his certificate of necessity

21 for confidential military purposes; $17,331,309,000 and, in

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

23 National Defense Stockpile Transaction Fund.
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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For expenses, not otherwise provided for, necessary for

3 the operation and maintenance of activities and agencies

4 of the Department of Defense (other than the military de5 partments), as authorized by law; $9,953,142,000, of which

6 not to exceed $25,000,000 may be available for the CINC

7 initiative fund account; and of which not to exceed

8 $28,500,000 can be used for emergencies and extraordinary

9 expenses, to be expended on the approval or authority of

10 the Secretary of Defense, and payments may be made on

11 his certificate of necessity for confidential military pur12 poses: Provided, That of the funds appropriated under this

13 heading, $20,000,000 shall be made available only for use

14 in federally owned education facilities located on military

15 installations for the purpose of transferring title of such fa16 cilities to the local education agency: Provided further, That

17 of the funds appropriated under this heading, $1,000,000

18 is available, by grant or other transfer, to the Harnett

19 County School Board, Lillington, North Carolina, for use

20 by the school board for the education of dependents of mem21 bers of the Armed Forces and employees of the Department

22 of Defense located at Fort Bragg and Pope Air Force Base,

23 North Carolina.
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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary for

3 the operation and maintenance, including training, organi4 zation, and administration, of the Army Reserve; repair of

5 facilities and equipment; hire of passenger motor vehicles;

6 travel and transportation; care of the dead; recruiting; pro7 curement of services, supplies, and equipment; and commu8 nications; $1,129,436,000.

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary for

11 the operation and maintenance, including training, organi12 zation, and administration, of the Navy Reserve; repair of

13 facilities and equipment; hire of passenger motor vehicles;

14 travel and transportation; care of the dead; recruiting; pro15 curement of services, supplies, and equipment; and commu16 nications; $861,527,000.

17 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

18 For expenses, not otherwise provided for, necessary for

19 the operation and maintenance, including training, organi20 zation, and administration, of the Marine Corps Reserve;

21 repair of facilities and equipment; hire of passenger motor

22 vehicles; travel and transportation; care of the dead; recruit23 ing; procurement of services, supplies, and equipment; and

24 communications; $115,367,000.
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary for

3 the operation and maintenance, including training, organi4 zation, and administration, of the Air Force Reserve; repair

5 of facilities and equipment; hire of passenger motor vehicles;

6 travel and transportation; care of the dead; recruiting; pro7 curement of services, supplies, and equipment; and commu8 nications; $1,494,953,000.

9 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

10 For expenses of training, organizing, and administer11 ing the Army National Guard, including medical and hos12 pital treatment and related expenses in non-Federal hos13 pitals; maintenance, operation, and repairs to structures

14 and facilities; hire of passenger motor vehicles; personnel

15 services in the National Guard Bureau; travel expenses

16 (other than mileage), as authorized by law for Army person17 nel on active duty, for Army National Guard division, regi18 mental, and battalion commanders while inspecting units

19 in compliance with National Guard Bureau regulations

20 when specifically authorized by the Chief, National Guard

21 Bureau; supplying and equipping the Army National

22 Guard as authorized by law; and expenses of repair, modi23 fication, maintenance, and issue of supplies and equipment

24 (including aircraft); $2,294,477,000.
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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For operation and maintenance of the Air National

3 Guard, including medical and hospital treatment and relat4 ed expenses in non-Federal hospitals; maintenance, oper5 ation, repair, and other necessary expenses of facilities for

6 the training and administration of the Air National Guard,

7 including repair of facilities, maintenance, operation, and

8 modification of aircraft; transportation of things; hire of

9 passenger motor vehicles; supplies, materials, and equip10 ment, as authorized by law for the Air National Guard;

11 and expenses incident to the maintenance and use of sup12 plies, materials, and equipment, including such as may be

13 furnished from stocks under the control of agencies of the

14 Department of Defense; travel expenses (other than mileage)

15 on the same basis as authorized by law for Air National

16 Guard personnel on active Federal duty, for Air National

17 Guard commanders while inspecting units in compliance

18 with National Guard Bureau regulations when specifically

19 authorized by the Chief, National Guard Bureau;

20 $2,721,973,000.

21 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses directly relating to Overseas Contingency

24 Operations by United States military forces;

25 $1,069,957,000: Provided, That the Secretary of Defense
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1 may transfer these funds only to operation and mainte2 nance accounts within this title: Provided further, That the

3 funds transferred shall be merged with and shall be avail4 able for the same purposes and for the same time period,

5 as the appropriation to which transferred: Provided further,

6 That the transfer authority provided in this paragraph is

7 in addition to any other transfer authority contained else8 where in this Act.

9 UNITED STATES COURT OF APPEALS FOR THE ARMED

10 FORCES

11 For salaries and expenses necessary for the United

12 States Court of Appeals for the Armed Forces; $6,185,000,

13 of which not to exceed $2,500 can be used for official rep14 resentation purposes.

15 ENVIRONMENTAL RESTORATION, ARMY

16 (INCLUDING TRANSFER OF FUNDS)

17 For the Department of the Army, $356,916,000, to re18 main available until transferred: Provided, That the Sec19 retary of the Army shall, upon determining that such funds

20 are required for environmental restoration, reduction and

21 recycling of hazardous waste, removal of unsafe buildings

22 and debris of the Department of the Army, or for similar

23 purposes, transfer the funds made available by this appro24 priation to other appropriations made available to the De25 partment of the Army, to be merged with and to be available
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1 for the same purposes and for the same time period as the

2 appropriations to which transferred: Provided further, That

3 upon a determination that all or part of the funds trans4 ferred from this appropriation are not necessary for the

5 purposes provided herein, such amounts may be transferred

6 back to this appropriation: Provided further, That not more

7 than twenty-five percent of funds provided under this head8 ing may be obligated for environmental remediation by the

9 Corps of Engineers under total environmental remediation

10 contracts.

11 ENVIRONMENTAL RESTORATION, NAVY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Navy, $302,900,000, to re14 main available until transferred: Provided, That the Sec15 retary of the Navy shall, upon determining that such funds

16 are required for environmental restoration, reduction and

17 recycling of hazardous waste, removal of unsafe buildings

18 and debris of the Department of the Navy, or for similar

19 purposes, transfer the funds made available by this appro20 priation to other appropriations made available to the De21 partment of the Navy, to be merged with and to be available

22 for the same purposes and for the same time period as the

23 appropriations to which transferred: Provided further, That

24 upon a determination that all or part of the funds trans25 ferred from this appropriation are not necessary for the
15

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1 purposes provided herein, such amounts may be transferred

2 back to this appropriation.

3 ENVIRONMENTAL RESTORATION, AIR FORCE

4 (INCLUDING TRANSFER OF FUNDS)

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

6 to remain available until transferred: Provided, That the

7 Secretary of the Air Force shall, upon determining that

8 such funds are required for environmental restoration, re9 duction and recycling of hazardous waste, removal of unsafe

10 buildings and debris of the Department of the Air Force,

11 or for similar purposes, transfer the funds made available

12 by this appropriation to other appropriations made avail13 able to the Department of the Air Force, to be merged with

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

15 time period as the appropriations to which transferred:

16 Provided further, That upon a determination that all or

17 part of the funds transferred from this appropriation are

18 not necessary for the purposes provided herein, such

19 amounts may be transferred back to this appropriation.

20 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

21 (INCLUDING TRANSFER OF FUNDS)

22 For the Department of the Defense, $38,650,000, to re23 main available until transferred: Provided, That the Sec24 retary of Defense shall, upon determining that such funds

25 are required for environmental restoration, reduction and
16

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1 recycling of hazardous waste, removal of unsafe buildings

2 and debris of the Department of Defense, or for similar pur3 poses (including programs and operations at sites formerly

4 used by the Department of Defense), transfer the funds made

5 available by this appropriation to other appropriations

6 made available to the Department of Defense, to be merged

7 with and to be available for the same purposes and for the

8 same time period as the appropriations to which trans9 ferred: Provided further, That upon a determination that

10 all or part of the funds transferred from this appropriation

11 are not necessary for the purposes provided herein, such

12 amounts may be transferred back to this appropriation.

13 ENVIRONMENTAL RESTORATION, FORMERLY USED

14 DEFENSE SITES

15 (INCLUDING TRANSFER OF FUNDS)

16 For the Department of the Army, $269,850,000, to re17 main available until transferred: Provided, That the Sec18 retary of the Army shall, upon determining that such funds

19 are required for environmental restoration, reduction and

20 recycling of hazardous waste, removal of unsafe buildings

21 and debris at sites formerly used by the Department of De22 fense, transfer the funds made available by this appropria23 tion to other appropriations made available to the Depart24 ment of the Army, to be merged with and to be available

25 for the same purposes and for the same time period as the
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1 appropriations to which transferred: Provided further, That

2 upon a determination that all or part of the funds trans3 ferred from this appropriation are not necessary for the

4 purposes provided herein, such amounts may be transferred

5 back to this appropriation.

6 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

7 For expenses relating to the Overseas Humanitarian,

8 Disaster, and Civic Aid programs of the Department of De9 fense (consisting of the programs provided under sections

10 401, 402, 404, 2547, and 2551 of title 10, United States

11 Code); $49,000,000, to remain available until September

12 30, 1998.

13 FORMER SOVIET UNION THREAT REDUCTION

14 For assistance to the republics of the former Soviet

15 Union, including assistance provided by contract or by

16 grants, for facilitating the elimination and the safe and se17 cure transportation and storage of nuclear, chemical and

18 other weapons; for establishing programs to prevent the pro19 liferation of weapons, weapons components, and weapon20 related technology and expertise; for programs relating to

21 the training and support of defense and military personnel

22 for demilitarization and protection of weapons, weapons

23 components and weapons technology and expertise;

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

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1 TITLE III

2 PROCUREMENT

3 AIRCRAFT PROCUREMENT, ARMY

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

6 ordnance, ground handling equipment, spare parts, and ac7 cessories therefor; specialized equipment and training de8 vices; expansion of public and private plants, including the

9 land necessary therefor, for the foregoing purposes, and such

10 lands and interests therein, may be acquired, and construc11 tion prosecuted thereon prior to approval of title; and pro12 curement and installation of equipment, appliances, and

13 machine tools in public and private plants; reserve plant

14 and Government and contractor-owned equipment layaway;

15 and other expenses necessary for the foregoing purposes;

16 $1,283,815,000, to remain available for obligation until

17 September 30, 1999.

18 MISSILE PROCUREMENT, ARMY

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

21 ordnance, ground handling equipment, spare parts, and ac22 cessories therefor; specialized equipment and training de23 vices; expansion of public and private plants, including the

24 land necessary therefor, for the foregoing purposes, and such

25 lands and interests therein, may be acquired, and construc-
19

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1 tion prosecuted thereon prior to approval of title; and pro2 curement and installation of equipment, appliances, and

3 machine tools in public and private plants; reserve plant

4 and Government and contractor-owned equipment layaway;

5 and other expenses necessary for the foregoing purposes;

6 $982,829,000, to remain available for obligation until Sep7 tember 30, 1999: Provided, That of the funds provided in

8 this paragraph and notwithstanding the provisions of title

9 31, United States Code, section 1502(a), not to exceed

10 $25,000,000 is available for the benefit of the Army Na11 tional Guard to complete the remaining design and develop12 ment of the upgrade and to increase gunner survivability,

13 range, accuracy, and lethality for the fully modernized

14 Super Dragon Missile System, including pre-production en15 gineering and systems qualification.

16 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

17 VEHICLES, ARMY

18 For construction, procurement, production, and modi19 fication of weapons and tracked combat vehicles, equipment,

20 including ordnance, spare parts, and accessories therefor;

21 specialized equipment and training devices; expansion of

22 public and private plants, including the land necessary

23 therefor, for the foregoing purposes, and such lands and in24 terests therein, may be acquired, and construction pros25 ecuted thereon prior to approval of title; and procurement
20

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1 and installation of equipment, appliances, and machine

2 tools in public and private plants; reserve plant and Gov3 ernment and contractor-owned equipment layaway; and

4 other expenses necessary for the foregoing purposes;

5 $1,449,714,000, to remain available for obligation until

6 September 30, 1999: Provided, That of the funds appro7 priated in this paragraph and notwithstanding the provi8 sions of title 31, United States Code, Section 1502(a), not

9 to exceed $33,100,000 may be obligated for future year V903

10 diesel engine requirements to maintain the industrial base.

11 PROCUREMENT OF AMMUNITION, ARMY

12 For construction, procurement, production, and modi13 fication of ammunition, and accessories therefor; specialized

14 equipment and training devices; expansion of public and

15 private plants, including ammunition facilities authorized

16 by section 2854, title 10, United States Code, and the land

17 necessary therefor, for the foregoing purposes, and such

18 lands and interests therein, may be acquired, and construc19 tion prosecuted thereon prior to approval of title; and pro20 curement and installation of equipment, appliances, and

21 machine tools in public and private plants; reserve plant

22 and Government and contractor-owned equipment layaway;

23 and other expenses necessary for the foregoing purposes;

24 $1,118,329,000, to remain available for obligation until

25 September 30, 1999.
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1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and modi3 fication of vehicles, including tactical, support, and non4 tracked combat vehicles; the purchase of not to exceed 14

5 passenger motor vehicles for replacement only; communica6 tions and electronic equipment; other support equipment;

7 spare parts, ordnance, and accessories therefor; specialized

8 equipment and training devices; expansion of public and

9 private plants, including the land necessary therefor, for the

10 foregoing purposes, and such lands and interests therein,

11 may be acquired, and construction prosecuted thereon prior

12 to approval of title; and procurement and installation of

13 equipment, appliances, and machine tools in public and

14 private plants; reserve plant and Government and contrac15 tor-owned equipment layaway; and other expenses nec16 essary for the foregoing purposes; $3,295,486,000, to remain

17 available for obligation until September 30, 1999: Provided,

18 That of the funds appropriated in this paragraph and not19 withstanding the provisions of title 31, United States Code,

20 Section 1502(a), not to exceed $2,400,000 may be obligated

21 for future year V903 diesel engine requirements to maintain

22 the industrial base.

23 AIRCRAFT PROCUREMENT, NAVY

24 For construction, procurement, production, modifica25 tion, and modernization of aircraft, equipment, including
22

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1 ordnance, spare parts, and accessories therefor; specialized

2 equipment; expansion of public and private plants, includ3 ing the land necessary therefor, and such lands and inter4 ests therein, may be acquired, and construction prosecuted

5 thereon prior to approval of title; and procurement and in6 stallation of equipment, appliances, and machine tools in

7 public and private plants; reserve plant and Government

8 and contractor-owned equipment layaway; $7,239,704,000,

9 to remain available for obligation until September 30,

10 1999.

11 WEAPONS PROCUREMENT, NAVY

12 For construction, procurement, production, modifica13 tion, and modernization of missiles, torpedoes, other weap14 ons, other ordnance and ammunition, and related support

15 equipment including spare parts, and accessories therefor;

16 expansion of public and private plants, including the land

17 necessary therefor, and such lands and interests therein,

18 may be acquired, and construction prosecuted thereon prior

19 to approval of title; and procurement and installation of

20 equipment, appliances, and machine tools in public and

21 private plants; reserve plant and Government and contrac22 tor-owned equipment layaway; $1,500,154,000, to remain

23 available for obligation until September 30, 1999: Provided,

24 That in addition to the foregoing purposes, the funds appro25 priated above under this heading shall be available to liq-
23

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1 uidate reported deficiencies in appropriations provided

2 under this heading in prior Department of Defense appro3 priations acts, to the extent such deficiencies cannot other4 wise be liquidated pursuant to 31 U.S.C. 1553(b).

5 SHIPBUILDING AND CONVERSION, NAVY

6 For expenses necessary for the construction, acquisi7 tion, or conversion of vessels as authorized by law, includ8 ing armor and armament thereof, plant equipment, appli9 ances, and machine tools and installation thereof in public

10 and private plants; reserve plant and Government and con11 tractor-owned equipment layaway; procurement of critical,

12 long leadtime components and designs for vessels to be con13 structed or converted in the future; and expansion of public

14 and private plants, including land necessary therefor, and

15 such lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title, as

17 follows:

18 For continuation of the SSN–21 attack sub19 marine program, $699,071,000;

20 NSSN–1 (AP) $296,186,000;

21 NSSN–2 (AP) $701,000,000;

22 CVN Refuelings, $237,029,000;

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

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

25 Oceanographic ship SWATH, $45,000,000;
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1 LCAC landing craft air cushion program (AP–

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

3 For craft, outfitting, post delivery, conversions,

4 and first destination transportation, $248,572,000;

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

6 until September 30, 2001: Provided, That additional obli7 gations may be incurred after September 30, 2001, for engi8 neering services, tests, evaluations, and other such budgeted

9 work that must be performed in the final stage of ship con10 struction: Provided further, That none of the funds herein

11 provided for the construction or conversion of any naval

12 vessel to be constructed in shipyards in the United States

13 shall be expended in foreign facilities for the construction

14 of major components of such vessel: Provided further, That

15 none of the funds herein provided shall be used for the con16 struction of any naval vessel in foreign shipyards: Provided

17 further, That the Secretary of the Navy is hereby granted

18 the authority to enter into one or more contracts for the

19 procurement of not less than 12 Arleigh Burke class destroy20 ers in fiscal year 1998 through fiscal year 2001 at a pro21 curement rate of not less than three ships per year.

22 OTHER PROCUREMENT, NAVY

23 For procurement, production, and modernization of

24 support equipment and materials not otherwise provided

25 for, Navy ordnance (except ordnance for new aircraft, new
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1 ships, and ships authorized for conversion); expansion of

2 public and private plants, including the land necessary

3 therefor, and such lands and interests therein, may be ac4 quired, and construction prosecuted thereon prior to ap5 proval of title; and procurement and installation of equip6 ment, appliances, and machine tools in public and private

7 plants; reserve plant and Government and contractor-owned

8 equipment layaway; $2,944,519,000, to remain available

9 for obligation until September 30, 1999.

10 PROCUREMENT, MARINE CORPS

11 For expenses necessary for the procurement, manufac12 ture, and modification of missiles, armament, military

13 equipment, spare parts, and accessories therefor; plant

14 equipment, appliances, and machine tools, and installation

15 thereof in public and private plants; reserve plant and Gov16 ernment and contractor-owned equipment layaway; vehicles

17 for the Marine Corps, including the purchase of not to ex18 ceed 88 passenger motor vehicles for replacement only; and

19 expansion of public and private plants, including land nec20 essary therefor, and such lands and interests therein, may

21 be acquired and construction prosecuted thereon prior to

22 approval of title; $660,507,000, to remain available for obli23 gation until September 30, 1999.
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1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of

3 aircraft and equipment, including armor and armament,

4 specialized ground handling equipment, and training de5 vices, spare parts, and accessories therefor; specialized

6 equipment; expansion of public and private plants, Govern7 ment-owned equipment and installation thereof in such

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

9 the foregoing purposes, and such lands and interests therein,

10 may be acquired, and construction prosecuted thereon prior

11 to approval of title; reserve plant and Government and con12 tractor-owned equipment layaway; and other expenses nec13 essary for the foregoing purposes including rents and trans14 portation of things; $6,630,370,000, to remain available for

15 obligation until September 30, 1999.

16 MISSILE PROCUREMENT, AIR FORCE

17 For construction, procurement, and modification of

18 missiles, spacecraft, rockets, and related equipment, includ19 ing spare parts and accessories therefor, ground handling

20 equipment, and training devices; expansion of public and

21 private plants, Government-owned equipment and installa22 tion thereof in such plants, erection of structures, and ac23 quisition of land, for the foregoing purposes, and such lands

24 and interests therein, may be acquired, and construction

25 prosecuted thereon prior to approval of title; reserve plant
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1 and Government and contractor-owned equipment layaway;

2 and other expenses necessary for the foregoing purposes in3 cluding rents and transportation of things; $2,713,944,000,

4 to remain available for obligation until September 30,

5 1999.

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment,

9 and ground electronic and communication equipment), and

10 supplies, materials, and spare parts therefor, not otherwise

11 provided for; the purchase of not to exceed 506 passenger

12 motor vehicles for replacement only; the purchase of 1 vehi13 cle required for physical security of personnel, notwith14 standing price limitations applicable to passenger vehicles

15 but not to exceed $287,000 per vehicle; and expansion of

16 public and private plants, Government-owned equipment

17 and installation thereof in such plants, erection of struc18 tures, and acquisition of land, for the foregoing purposes,

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

20 construction prosecuted thereon, prior to approval of title;

21 reserve plant and Government and contractor-owned equip22 ment layaway; $5,577,787,000, to remain available for obli23 gation until September 30, 1999.
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1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) nec4 essary for procurement, production, and modification of

5 equipment, supplies, materials, and spare parts therefor,

6 not otherwise provided for; the purchase of not to exceed

7 389 passenger motor vehicles for replacement only; expan8 sion of public and private plants, equipment, and installa9 tion thereof in such plants, erection of structures, and ac10 quisition of land for the foregoing purposes, and such lands

11 and interests therein, may be acquired, and construction

12 prosecuted thereon prior to approval of title; reserve plant

13 and Government and contractor-owned equipment layaway;

14 $1,773,794,000, to remain available for obligation until

15 September 30, 1999.

16 NATIONAL GUARD AND RESERVE EQUIPMENT

17 For procurement of aircraft, missiles, tracked combat

18 vehicles, ammunition, other weapons, and other procure19 ment for the reserve components of the Armed Forces;

20 $759,800,000, to remain available for obligation until Sep21 tember 30, 1999: Provided, That the Chiefs of the Reserve

22 and National Guard components shall, not later than 30

23 days after the enactment of this Act, individually submit

24 to the congressional defense committees the modernization
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1 priority assessment for their respective Reserve or National

2 Guard component.

3 TITLE IV

4 RESEARCH, DEVELOPMENT, TEST AND

5 EVALUATION

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

7 For expenses necessary for basic and applied scientific

8 research, development, test and evaluation, including main9 tenance, rehabilitation, lease, and operation of facilities

10 and equipment; $5,107,283,000, to remain available for ob11 ligation until September 30, 1998: Provided, That of the

12 funds appropriated in this paragraph, $4,000,000 shall be

13 available for the procurement of a real-time, automatic

14 cargo tracking and control system.

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

16 For expenses necessary for basic and applied scientific

17 research, development, test and evaluation, including main18 tenance, rehabilitation, lease, and operation of facilities

19 and equipment; $8,067,543,000, to remain available for ob20 ligation until September 30, 1998: Provided, That funds

21 appropriated in this paragraph which are available for the

22 V–22 may be used to meet requirements of the Special Oper23 ations Forces: Provided further, That of the funds available

24 under this paragraph, $12,000,000 is available for the Pulse

25 Doppler Upgrade modification to the AN/SPS–48E radar
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1 system: Provided further, That of the funds appropriated

2 in this paragraph, $7,500,000 shall be available for 1.5 ship

3 years in the university research fleet under the Oceano4 graphic and Atmospheric Technology program: Provided

5 further, That of the funds available under this heading,

6 $1,000,000 is available for evaluation of a nondevelopmen7 tal Doppler sonar velocity log: Provided further, That of

8 the funds appropriated under this heading $46,600,000

9 shall be made available only for the Intercooled Recuperated

10 Gas Turbine Engine program: Provided further, That up

11 to $10,000,000 of funds appropriated in this paragraph

12 may be used to initiate engineering and manufacturing de13 velopment for the winning airborne mine countermeasure

14 system.

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

16 FORCE

17 For expenses necessary for basic and applied scientific

18 research, development, test and evaluation, including main19 tenance, rehabilitation, lease, and operation of facilities

20 and equipment; $14,778,540,000, to remain available for

21 obligation until September 30, 1998: Provided, That not

22 less than $1,000,000 of the funds appropriated in this para23 graph shall be made available only to assess the budgetary,

24 cost, technical, operational, training, and safety issues asso25 ciated with a decision to eliminate development of the F–
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1 22B two-seat training variant of the F–22 advanced tac2 tical fighter: Provided further, That the assessment required

3 by the preceding proviso shall be submitted, in classified

4 and unclassified versions, by the Secretary of the Air Force

5 to the congressional defense committees not later than Feb6 ruary 15, 1997: Provided further, That of the funds appro7 priated under this heading, $3,000,000 shall be available

8 for acceleration of a program to develop thermally stable

9 jet fuels using chemicals derived from coal.

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

11 DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments), nec14 essary for basic and applied scientific research, develop15 ment, test and evaluation; advanced research projects as

16 may be designated and determined by the Secretary of De17 fense, pursuant to law; maintenance, rehabilitation, lease,

18 and operation of facilities and equipment; $9,190,092,000,

19 to remain available for obligation until September 30,

20 1998: Provided, That of the funds appropriated under this

21 heading, $50,000,000 shall be available for the Maritime

22 Technology program and $2,988,000 shall be available for

23 the Focused Research Initiatives program: Provided further,

24 That, of such amount, $10,000,000 is available for the Unit25 ed States-Japan Management Training Program.
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1 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, of independ3 ent activities of the Director, Test and Evaluation in the

4 direction and supervision of developmental test and evalua5 tion, including performance and joint developmental testing

6 and evaluation; and administrative expenses in connection

7 therewith; $269,038,000, to remain available for obligation

8 until September 30, 1998.

9 OPERATIONAL TEST AND EVALUATION, DEFENSE

10 For expenses, not otherwise provided for, necessary for

11 the independent activities of the Director, Operational Test

12 and Evaluation in the direction and supervision of oper13 ational test and evaluation, including initial operational

14 test and evaluation which is conducted prior to, and in sup15 port of, production decisions; joint operational testing and

16 evaluation; and administrative expenses in connection

17 therewith; $21,968,000, to remain available for obligation

18 until September 30, 1998: Provided, That of the funds ap19 propriated in this paragraph, $3,000,000 is available for

20 the Operational Field Assessment Program.

21 TITLE V

22 REVOLVING AND MANAGEMENT FUNDS

23 DEFENSE BUSINESS OPERATIONS FUND

24 For the Defense Business Operations Fund;

25 $947,900,000.
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1 NATIONAL DEFENSE SEALIFT FUND

2 For National Defense Sealift Fund programs, projects,

3 and activities, and for expenses of the National Defense Re4 serve Fleet, as established by section 11 of the Merchant

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

6 $1,093,002,000, to remain available until expended: Pro7 vided, That none of the funds provided in this paragraph

8 shall be used to award a new contract that provides for the

9 acquisition of any of the following major components unless

10 such components are manufactured in the United States:

11 auxiliary equipment, including pumps, for all ship-board

12 services; propulsion system components (that is; engines, re13 duction gears, and propellers); shipboard cranes; and

14 spreaders for shipboard cranes: Provided further, That the

15 exercise of an option in a contract awarded through the ob16 ligation of previously appropriated funds shall not be con17 sidered to be the award of a new contract: Provided further,

18 That the Secretary of the military department responsible

19 for such procurement may waive these restrictions on a

20 case-by-case basis by certifying in writing to the Commit21 tees on Appropriations of the House of Representatives and

22 the Senate, that adequate domestic supplies are not avail23 able to meet Department of Defense requirements on a time24 ly basis and that such an acquisition must be made in order

25 to acquire capability for national security purposes.
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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, as

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

7 $9,936,638,000 shall be for Operation and maintenance,

8 and of which $319,470,000, to remain available for obliga9 tion until September 30, 1999, shall be for Procurement:

10 Provided, That of the funds appropriated under this head11 ing, $14,500,000 shall be made available for obtaining

12 emergency communications services for members of the

13 Armed Forces and their families from the American Na14 tional Red Cross: Provided further, That of the funds appro15 priated under this heading, $10,000,000 shall be available

16 for scientific research to be carried out by entities independ17 ent of the Federal Government on possible causal relation18 ships between the complex of illnesses and symptoms com19 monly known as ‘‘Gulf War syndrome’’ and the possible ex20 posures of members of the Armed Forces to chemical warfare

21 agents or other hazardous materials during service on active

22 duty as a member of the Armed Forces in the Southwest

23 Asia theater of operations during the Persian Gulf War.
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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

2 DEFENSE

3 For expenses, not otherwise provided for, necessary for

4 the destruction of the United States stockpile of lethal chem5 ical agents and munitions in accordance with the provi6 sions of section 1412 of the Department of Defense Author7 ization Act, 1986 (50 U.S.C. 1521), and for the destruction

8 of other chemical warfare materials that are not in the

9 chemical weapon stockpile, $758,447,000, of which

10 $478,947,000 shall be for Operation and maintenance,

11 $191,200,000 shall be for Procurement to remain available

12 until September 30, 1999, and $88,300,000 shall be for Re13 search, development, test and evaluation to remain avail14 able until September 30, 1998.

15 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

16 DEFENSE

17 (INCLUDING TRANSFER OF FUNDS)

18 For drug interdiction and counter-drug activities of

19 the Department of Defense, for transfer to appropriations

20 available to the Department of Defense for military person21 nel of the reserve components serving under the provisions

22 of title 10 and title 32, United States Code; for Operation

23 and maintenance; for Procurement; and for Research, devel24 opment, test and evaluation; $789,024,000: Provided, That

25 the funds appropriated by this paragraph shall be available
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1 for obligation for the same time period and for the same

2 purpose as the appropriation to which transferred: Pro3 vided further, That the transfer authority provided in this

4 paragraph is in addition to any transfer authority con5 tained elsewhere in this Act.

6 OFFICE OF THE INSPECTOR GENERAL

7 For expenses and activities of the Office of the Inspec8 tor General in carrying out the provisions of the Inspector

9 General Act of 1978, as amended; $139,157,000, of which

10 $137,157,000 shall be for Operation and maintenance, of

11 which not to exceed $500,000 is available for emergencies

12 and extraordinary expenses to be expended on the approval

13 or authority of the Inspector General, and payments may

14 be made on his certificate of necessity for confidential mili15 tary purposes; and of which $2,000,000, to remain available

16 until September 30, 1999, shall be for Procurement.

17 ANTI-TERRORISM ACTIVITIES, DEFENSE

18 (INCLUDING TRANSFER OF FUNDS)

19 For anti-terrorism activities of the Department of De20 fense, $14,000,000, subject to authorization, for transfer to

21 appropriations available to the Department of Defense for

22 operation and maintenance, for procurement, and for re23 search, development, test, and evaluation: Provided, That

24 the funds appropriated under this heading shall be avail25 able for obligation for the same period and for the same
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1 purposes as the appropriation to which transferred: Pro2 vided further, That the transfer authority provided under

3 this heading is in addition to any other transfer authority

4 contained in this Act.

5 TITLE VII

6 RELATED AGENCIES

7 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

8 DISABILITY SYSTEM FUND

9 For payment to the Central Intelligence Agency Retire10 ment and Disability System Fund, to maintain proper

11 funding level for continuing the operation of the Central

12 Intelligence Agency Retirement and Disability System;

13 $184,200,000.

14 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

15 For necessary expenses of the Intelligence Community

16 Management Account; $94,739,000.

17 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE,

18 REMEDIATION, AND ENVIRONMENTAL RESTORATION FUND

19 For payment to Kaho’olawe Island Conveyance, Reme20 diation, and Environmental Restoration Fund, as author21 ized by law; $10,000,000, to remain available until ex22 pended.
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1 NATIONAL SECURITY EDUCATION TRUST FUND

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

3 $5,100,000, to be derived from the National Security Edu4 cation Trust Fund, to remain available until expended.

5 TITLE VIII

6 GENERAL PROVISIONS

7 SEC. 8001. No part of any appropriation contained

8 in this Act shall be used for publicity or propaganda pur9 poses not authorized by the Congress.

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

11 of law prohibiting the payment of compensation to, or em12 ployment of, any person not a citizen of the United States

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

14 Provided, That salary increases granted to direct and indi15 rect hire foreign national employees of the Department of

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

17 of the percentage increase authorized by law for civilian

18 employees of the Department of Defense whose pay is com19 puted under the provisions of section 5332 of title 5, United

20 States Code, or at a rate in excess of the percentage increase

21 provided by the appropriate host nation to its own employ22 ees, whichever is higher: Provided further, That this section

23 shall not apply to Department of Defense foreign service

24 national employees serving at United States diplomatic

25 missions whose pay is set by the Department of State under
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1 the Foreign Service Act of 1980: Provided further, That the

2 limitations of this provision shall not apply to foreign na3 tional employees of the Department of Defense in the Re4 public of Turkey.

5 SEC. 8003. No part of any appropriation contained

6 in this Act shall remain available for obligation beyond the

7 current fiscal year, unless expressly so provided herein.

8 SEC. 8004. No more than 20 per centum of the appro9 priations in this Act which are limited for obligation dur10 ing the current fiscal year shall be obligated during the last

11 two months of the fiscal year: Provided, That this section

12 shall not apply to obligations for support of active duty

13 training of reserve components or summer camp training

14 of the Reserve Officers’ Training Corps.

15 (TRANSFER OF FUNDS)

16 SEC. 8005. Upon determination by the Secretary of

17 Defense that such action is necessary in the national inter18 est, he may, with the approval of the Office of Management

19 and Budget, transfer not to exceed $1,200,000,000 of work20 ing capital funds of the Department of Defense or funds

21 made available in this Act to the Department of Defense

22 for military functions (except military construction) be23 tween such appropriations or funds or any subdivision

24 thereof, to be merged with and to be available for the same

25 purposes, and for the same time period, as the appropria-
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1 tion or fund to which transferred: Provided, That such au2 thority to transfer may not be used unless for higher prior3 ity items, based on unforeseen military requirements, than

4 those for which originally appropriated and in no case

5 where the item for which funds are requested has been de6 nied by Congress: Provided further, That the Secretary of

7 Defense shall notify the Congress promptly of all transfers

8 made pursuant to this authority or any other authority in

9 this Act: Provided further, That no part of the funds in

10 this Act shall be available to prepare or present a request

11 to the Committees on Appropriations for reprogramming

12 of funds, unless for higher priority items, based on unfore13 seen military requirements, than those for which originally

14 appropriated and in no case where the item for which re15 programming is requested has been denied by the Congress.

16 (TRANSFER OF FUNDS)

17 SEC. 8006. During the current fiscal year, cash bal18 ances in working capital funds of the Department of De19 fense established pursuant to section 2208 of title 10, United

20 States Code, may be maintained in only such amounts as

21 are necessary at any time for cash disbursements to be made

22 from such funds: Provided, That transfers may be made be23 tween such funds and the ‘‘Foreign Currency Fluctuations,

24 Defense’’ and ‘‘Operation and Maintenance’’ appropriation

25 accounts in such amounts as may be determined by the Sec-
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1 retary of Defense, with the approval of the Office of Manage2 ment and Budget, except that such transfers may not be

3 made unless the Secretary of Defense has notified the Con4 gress of the proposed transfer. Except in amounts equal to

5 the amounts appropriated to working capital funds in this

6 Act, no obligations may be made against a working capital

7 fund to procure or increase the value of war reserve mate8 rial inventory, unless the Secretary of Defense has notified

9 the Congress prior to any such obligation.

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

11 be used to initiate a special access program without prior

12 notification 30 calendar days in session in advance to the

13 congressional defense committees.

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

15 available for the Civilian Health and Medical Program of

16 the Uniformed Services shall be available for payments to

17 physicians and other non-institutional health care provid18 ers in excess of the amounts allowed in fiscal year 1996

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

20 the Secretary of Defense determines an increase is justified

21 by economic circumstances, the allowable amounts may be

22 increased in accordance with appropriate economic index

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

24 Social Security Act; and (b) for services the Secretary deter25 mines are overpriced based on allowable payments under
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1 title XVIII of the Social Security Act, the allowable

2 amounts shall be reduced by not more than 15 percent (ex3 cept that the reduction may be waived if the Secretary de4 termines that it would impair adequate access to health

5 care services for beneficiaries). The Secretary shall solicit

6 public comment prior to promulgating regulations to imple7 ment this section. Such regulations shall include a limita8 tion, similar to that used under title XVIII of the Social

9 Security Act, on the extent to which a provider may bill

10 a beneficiary an actual charge in excess of the allowable

11 amount.

12 SEC. 8009. None of the funds provided in this Act shall

13 be available to initiate (1) a multiyear contract that em14 ploys economic order quantity procurement in excess of

15 $20,000,000 in any one year of the contract or that includes

16 an unfunded contingent liability in excess of $20,000,000,

17 or (2) a contract for advance procurement leading to a

18 multiyear contract that employs economic order quantity

19 procurement in excess of $20,000,000 in any one year, un20 less the congressional defense committees have been notified

21 at least thirty days in advance of the proposed contract

22 award: Provided, That no part of any appropriation con23 tained in this Act shall be available to initiate a multiyear

24 contract for which the economic order quantity advance

25 procurement is not funded at least to the limits of the Gov-
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1 ernment’s liability: Provided further, That no part of any

2 appropriation contained in this Act shall be available to

3 initiate multiyear procurement contracts for any systems

4 or component thereof if the value of the multiyear contract

5 would exceed $500,000,000 unless specifically provided in

6 this Act: Provided further, That no multiyear procurement

7 contract can be terminated without 10-day prior notifica8 tion to the congressional defense committees: Provided fur9 ther, That the execution of multiyear authority shall require

10 the use of a present value analysis to determine lowest cost

11 compared to an annual procurement.

12 Funds appropriated in title III of this Act may be

13 used for multiyear procurement contracts as follows:

14 Javelin missiles;

15 Arleigh Burke (DDG–51) class destroyers;

16 MK19–3 grenade machine guns;

17 M16A2 rifles;

18 M249 Squad Automatic Weapons;

19 M4 carbine rifles; and

20 M240B machine guns.

21 SEC. 8010. Within the funds appropriated for the oper22 ation and maintenance of the Armed Forces, funds are here23 by appropriated pursuant to section 401 of title 10, United

24 States Code, for humanitarian and civic assistance costs

25 under chapter 20 of title 10, United States Code. Such funds
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1 may also be obligated for humanitarian and civic assist2 ance costs incidental to authorized operations and pursuant

3 to authority granted in section 401 of chapter 20 of title

4 10, United States Code, and these obligations shall be re5 ported to Congress on September 30 of each year: Provided,

6 That funds available for operation and maintenance shall

7 be available for providing humanitarian and similar assist8 ance by using Civic Action Teams in the Trust Territories

9 of the Pacific Islands and freely associated states of Micro10 nesia, pursuant to the Compact of Free Association as au11 thorized by Public Law 99–239: Provided further, That

12 upon a determination by the Secretary of the Army that

13 such action is beneficial for graduate medical education

14 programs conducted at Army medical facilities located in

15 Hawaii, the Secretary of the Army may authorize the pro16 vision of medical services at such facilities and transpor17 tation to such facilities, on a nonreimbursable basis, for ci18 vilian patients from American Samoa, the Commonwealth

19 of the Northern Mariana Islands, the Marshall Islands, the

20 Federated States of Micronesia, Palau, and Guam.

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

22 personnel of the Department of Defense may not be man23 aged on the basis of any end-strength, and the management

24 of such personnel during that fiscal year shall not be subject

25 to any constraint or limitation (known as an end-strength)
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1 on the number of such personnel who may be employed on

2 the last day of such fiscal year.

3 (b) The fiscal year 1998 budget request for the Depart4 ment of Defense as well as all justification material and

5 other documentation supporting the fiscal year 1998 De6 partment of Defense budget request shall be prepared and

7 submitted to the Congress as if subsections (a) and (b) of

8 this provision were effective with regard to fiscal year 1998.

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

10 to military (civilian) technicians.

11 SEC. 8012. Notwithstanding any other provision of

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

13 used by the Department of Defense to exceed, outside the

14 fifty United States, its territories, and the District of Co15 lumbia, 125,000 civilian workyears: Provided, That

16 workyears shall be applied as defined in the Federal Person17 nel Manual: Provided further, That workyears expended in

18 dependent student hiring programs for disadvantaged

19 youths shall not be included in this workyear limitation.

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

21 Act shall be used in any way, directly or indirectly, to in22 fluence congressional action on any legislation or appro23 priation matters pending before the Congress.

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

25 Act shall be used to make contributions to the Department
46

HR 3610 EAS

1 of Defense Education Benefits Fund pursuant to section

2 2006(g) of title 10, United States Code, representing the

3 normal cost for future benefits under section 3015(c) of title

4 38, United States Code, for any member of the armed serv5 ices who, on or after the date of enactment of this Act—

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

7 active duty of less than three years; or

8 (2) receives an enlistment bonus under section

9 308a or 308f of title 37, United States Code,

10 nor shall any amounts representing the normal cost of such

11 future benefits be transferred from the Fund by the Sec12 retary of the Treasury to the Secretary of Veterans Affairs

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

14 nor shall the Secretary of Veterans Affairs pay such benefits

15 to any such member: Provided, That in the case of a mem16 ber covered by clause (1), these limitations shall not apply

17 to members in combat arms skills or to members who enlist

18 in the armed services on or after July 1, 1989, under a

19 program continued or established by the Secretary of De20 fense in fiscal year 1991 to test the cost-effective use of spe21 cial recruiting incentives involving not more than nineteen

22 noncombat arms skills approved in advance by the Sec23 retary of Defense: Provided further, That this subsection ap24 plies only to active components of the Army.
47

HR 3610 EAS

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

2 be available for the basic pay and allowances of any mem3 ber of the Army participating as a full-time student and

4 receiving benefits paid by the Secretary of Veterans Affairs

5 from the Department of Defense Education Benefits Fund

6 when time spent as a full-time student is credited toward

7 completion of a service commitment: Provided, That this

8 subsection shall not apply to those members who have reen9 listed with this option prior to October 1, 1987: Provided

10 further, That this subsection applies only to active compo11 nents of the Army.

12 SEC. 8015. None of the funds appropriated by this Act

13 shall be available to convert to contractor performance an

14 activity or function of the Department of Defense that, on

15 or after the date of enactment of this Act, is performed by

16 more than ten Department of Defense civilian employees

17 until a most efficient and cost-effective organization analy18 sis is completed on such activity or function and certifi19 cation of the analysis is made to the Committees on Appro20 priations of the House of Representatives and the Senate:

21 Provided, That this section shall not apply to a commercial

22 or industrial type function of the Department of Defense

23 that: (1) is included on the procurement list established pur24 suant to section 2 of the Act of June 25, 1938 (41 U.S.C.

25 47), popularly referred to as the Javits-Wagner-O’Day Act;
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1 (2) is planned to be converted to performance by a qualified

2 nonprofit agency for the blind or by a qualified nonprofit

3 agency for other severely handicapped individuals in ac4 cordance with that Act; or (3) is planned to be converted

5 to performance by a qualified firm under 51 percent Native

6 American ownership.

7 (TRANSFER OF FUNDS)

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

9 for the Department of Defense Pilot Mentor-Protege Pro10 gram may be transferred to any other appropriation con11 tained in this Act solely for the purpose of implementing

12 a Mentor-Protege Program developmental assistance agree13 ment pursuant to section 831 of the National Defense Au14 thorization Act for Fiscal Year 1991 (Public Law 101–510;

15 10 U.S.C. 2301 note), as amended, under the authority of

16 this provision or any other transfer authority contained in

17 this Act.

18 SEC. 8017. For fiscal year 1997, the total amount ap19 propriated in this Act to fund the Uniformed Services

20 Treatment Facilities program, operated pursuant to section

21 911 of Public Law 97–99 (42 U.S.C. 248c), shall not exceed

22 $331,380,000.

23 SEC. 8018. None of the funds appropriated by this Act

24 available for the Civilian Health and Medical Program of

25 the Uniformed Services (CHAMPUS) shall be available for
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1 the reimbursement of any health care provider for inpatient

2 mental health service for care received when a patient is

3 referred to a provider of inpatient mental health care or

4 residential treatment care by a medical or health care pro5 fessional having an economic interest in the facility to

6 which the patient is referred: Provided, That this limitation

7 does not apply in the case of inpatient mental health serv8 ices provided under the program for the handicapped under

9 subsection (d) of section 1079 of title 10, United States

10 Code, provided as partial hospital care, or provided pursu11 ant to a waiver authorized by the Secretary of Defense be12 cause of medical or psychological circumstances of the pa13 tient that are confirmed by a health professional who is not

14 a Federal employee after a review, pursuant to rules pre15 scribed by the Secretary, which takes into account the ap16 propriate level of care for the patient, the intensity of serv17 ices required by the patient, and the availability of that

18 care.

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

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

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

22 the Vietnam era to an annual meeting in the United States,

23 under such regulations as the Secretary of Defense may pre24 scribe.
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1 SEC. 8020. Notwithstanding any other provision of

2 law, during the current fiscal year, the Secretary of Defense

3 may, by Executive Agreement, establish with host nation

4 governments in NATO member states a separate account

5 into which such residual value amounts negotiated in the

6 return of United States military installations in NATO

7 member states may be deposited, in the currency of the host

8 nation, in lieu of direct monetary transfers to the United

9 States Treasury: Provided, That such credits may be uti10 lized only for the construction of facilities to support United

11 States military forces in that host nation, or such real prop12 erty maintenance and base operating costs that are cur13 rently executed through monetary transfers to such host na14 tions: Provided further, That the Department of Defense’s

15 budget submission for fiscal year 1998 shall identify such

16 sums anticipated in residual value settlements, and identify

17 such construction, real property maintenance or base oper18 ating costs that shall be funded by the host nation through

19 such credits: Provided further, That all military construc20 tion projects to be executed from such accounts must be pre21 viously approved in a prior Act of Congress: Provided fur22 ther, That each such Executive Agreement with a NATO

23 member host nation shall be reported to the congressional

24 defense committees, the Committee on International Rela25 tions of the House of Representatives and the Committee
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1 on Foreign Relations of the Senate thirty days prior to the

2 conclusion and endorsement of any such agreement estab3 lished under this provision.

4 SEC. 8021. None of the funds available to the Depart5 ment of Defense may be used to demilitarize or dispose of

6 any M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 cal7 iber rifles, .30 caliber rifles, or M–1911 pistols.

8 SEC. 8022. Notwithstanding any other provision of

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

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

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

12 Code, in a lump sum.

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

14 in title III, Procurement, $8,000,000, drawn pro rata from

15 each appropriations account in title III, shall be available

16 for incentive payments authorized by section 504 of the In17 dian Financing Act of 1974, 25 U.S.C. 1544. These pay18 ments shall be available only to contractors which have sub19 mitted subcontracting plans pursuant to 15 U.S.C. 637(d),

20 and according to regulations which shall be promulgated

21 by the Secretary of Defense within 90 days of the passage

22 of this Act.

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

24 funds available to the Department of Defense may be used

25 to procure or acquire (1) defensive handguns unless such
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1 handguns are the M9 or M11 9 mm Department of Defense

2 standard handguns, or (2) offensive handguns except for the

3 Special Operations Forces: Provided, That the foregoing

4 shall not apply to handguns and ammunition for marks5 manship competitions.

6 SEC. 8025. No more than $500,000 of the funds appro7 priated or made available in this Act shall be used for any

8 single relocation of an organization, unit, activity or func9 tion of the Department of Defense into or within the Na10 tional Capital Region: Provided, That the Secretary of De11 fense may waive this restriction on a case-by-case basis 90

12 days after certifying in writing to the Congressional defense

13 committees that such a relocation is required in the best

14 interest of the Government.

15 SEC. 8026. During the current fiscal year, funds ap16 propriated or otherwise available for any Federal agency,

17 the Congress, the judicial branch, or the District of Colum18 bia may be used for the pay, allowances, and benefits of

19 an employee as defined by section 2105 of title 5 or an indi20 vidual employed by the government of the District of Co21 lumbia, permanent or temporary indefinite, who—

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

23 Armed Forces, as described in section 261 of title 10,

24 or the National Guard, as described in section 101 of

25 title 32;
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1 (2) performs, for the purpose of providing mili2 tary aid to enforce the law or providing assistance to

3 civil authorities in the protection or saving of life or

4 property or prevention of injury—

5 (A) Federal service under sections 331, 332,

6 333, or 12406 of title 10, or other provision of

7 law, as applicable, or

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

9 State, the District of Columbia, the Common10 wealth of Puerto Rico, or a territory of the Unit11 ed States; and

12 (3) requests and is granted—

13 (A) leave under the authority of this section;

14 or

15 (B) annual leave, which may be granted

16 without regard to the provisions of sections 5519

17 and 6323(b) of title 5, if such employee is other18 wise entitled to such annual leave:

19 Provided, That any employee who requests leave under sub20 section (3)(A) for service described in subsection (2) of this

21 section is entitled to such leave, subject to the provisions

22 of this section and of the last sentence of section 6323(b)

23 of title 5, and such leave shall be considered leave under

24 section 6323(b) of title 5.
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1 SEC. 8027. None of the funds appropriated by this Act

2 shall be available to perform any cost study pursuant to

3 the provisions of OMB Circular A–76 if the study being

4 performed exceeds a period of twenty-four months after ini5 tiation of such study with respect to a single function activ6 ity or forty-eight months after initiation of such study for

7 a multi-function activity.

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

9 American Forces Information Service shall not be used for

10 any national or international political or psychological ac11 tivities.

12 SEC. 8029. Notwithstanding any other provision of

13 law or regulation, the Secretary of Defense may adjust wage

14 rates for civilian employees hired for certain health care

15 occupations as authorized for the Secretary of Veterans Af16 fairs by section 7455 of title 38, United States Code.

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

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

19 the operation of the 53rd Weather Reconnaissance Squad20 ron of the Air Force Reserve, if such action would reduce

21 the WC–130 Weather Reconnaissance mission below the lev22 els funded in this Act.

23 SEC. 8031. (a) Of the funds for the procurement of sup24 plies or services appropriated by this Act, qualified non25 profit agencies for the blind or other severely handicapped
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1 shall be afforded the maximum practicable opportunity to

2 participate as subcontractors and suppliers in the perform3 ance of contracts let by the Department of Defense.

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

5 which has negotiated with a military service or defense

6 agency a subcontracting plan for the participation by small

7 business concerns pursuant to section 8(d) of the Small

8 Business Act (15 U.S.C. 637(d)) shall be given credit to9 ward meeting that subcontracting goal for any purchases

10 made from qualified nonprofit agencies for the blind or

11 other severely handicapped.

12 (c) For the purpose of this section, the phrase ‘‘quali13 fied nonprofit agency for the blind or other severely handi14 capped’’ means a nonprofit agency for the blind or other

15 severely handicapped that has been approved by the Com16 mittee for the Purchase from the Blind and Other Severely

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

18 U.S.C. 46–48).

19 SEC. 8032. During the current fiscal year, net receipts

20 pursuant to collections from third party payers pursuant

21 to section 1095 of title 10, United States Code, shall be

22 made available to the local facility of the uniformed services

23 responsible for the collections and shall be over and above

24 the facility’s direct budget amount.
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1 SEC. 8033. During the current fiscal year, the Depart2 ment of Defense is authorized to incur obligations of not

3 to exceed $350,000,000 for purposes specified in section

4 2350j(c) of title 10, United States Code, in anticipation of

5 receipt of contributions, only from the Government of Ku6 wait, under that section: Provided, That, upon receipt, such

7 contributions from the Government of Kuwait shall be cred8 ited to the appropriation or fund which incurred such obli9 gations.

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

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

12 Air Patrol, of which $19,000,000 shall be available for Op13 eration and Maintenance.

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

15 shall be available for the preparation of studies on—

16 (a) the feasibility of removal and transportation

17 of unitary chemical weapons or agents from the eight

18 chemical storage sites within the continental United

19 States to Johnston Atoll: Provided, That this prohibi20 tion shall not apply to General Accounting Office

21 studies requested by a Member of Congress or a Con22 gressional Committee; and

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

24 disposal facilities other than for the destruction of

25 stockpile chemical munitions and as limited by sec-
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1 tion 1412(c)(2), Public Law 99–145: Provided, That

2 this prohibition does not apply to future use studies

3 for the CAMDS facility at Tooele, Utah.

4 SEC. 8036. None of the funds appropriated by this Act

5 shall be used for the support of any nonappropriated funds

6 activity of the Department of Defense that procures malt

7 beverages and wine with nonappropriated funds for resale

8 (including such alcoholic beverages sold by the drink) on

9 a military installation located in the United States unless

10 such malt beverages and wine are procured within that

11 State, or in the case of the District of Columbia, within

12 the District of Columbia, in which the military installation

13 is located: Provided, That in a case in which the military

14 installation is located in more than one State, purchases

15 may be made in any State in which the installation is lo16 cated: Provided further, That such local procurement re17 quirements for malt beverages and wine shall apply to all

18 alcoholic beverages only for military installations in States

19 which are not contiguous with another State: Provided fur20 ther, That alcoholic beverages other than wine and malt bev21 erages, in contiguous States and the District of Columbia

22 shall be procured from the most competitive source, price

23 and other factors considered.

24 SEC. 8037. For the purposes of this Act, the term ‘‘con25 gressional defense committees’’ means the National Security
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1 Committee of the House of Representatives, the Armed Serv2 ices Committee of the Senate, the subcommittee on Defense

3 of the Committee on Appropriations of the Senate, and the

4 subcommittee on National Security of the Committee on

5 Appropriations of the House of Representatives.

6 SEC. 8038. Notwithstanding any other provision of

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

9 repair of aircraft, vehicles and vessels as well as the produc10 tion of components and other Defense-related articles,

11 through competition between Department of Defense depot

12 maintenance activities and private firms: Provided, That

13 the Senior Acquisition Executive of the military depart14 ment or defense agency concerned, with power of delegation,

15 shall certify that successful bids include comparable esti16 mates of all direct and indirect costs for both public and

17 private bids: Provided further, That Office of Management

18 and Budget Circular A–76 shall not apply to competitions

19 conducted under this section.

20 SEC. 8039. (a)(1) If the Secretary of Defense, after con21 sultation with the United States Trade Representative, de22 termines that a foreign country which is party to an agree23 ment described in paragraph (2) has violated the terms of

24 the agreement by discriminating against certain types of

25 products produced in the United States that are covered by
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1 the agreement, the Secretary of Defense shall rescind the

2 Secretary’s blanket waiver of the Buy American Act with

3 respect to such types of products produced in that foreign

4 country.

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

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

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

10 in that country.

11 (b) The Secretary of Defense shall submit to Congress

12 a report on the amount of Department of Defense purchases

13 from foreign entities in fiscal year 1997. Such report shall

14 separately indicate the dollar value of items for which the

15 Buy American Act was waived pursuant to any agreement

16 described in subsection (a)(2), the Trade Agreement Act of

17 1979 (19 U.S.C. 2501 et seq.), or any international agree18 ment to which the United States is a party.

19 (c) For purposes of this section, the term ‘‘Buy Amer20 ican Act’’ means title III of the Act entitled ‘‘An Act mak21 ing appropriations for the Treasury and Post Office De22 partments for the fiscal year ending June 30, 1934, and

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

24 10a et seq.).
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1 SEC. 8040. Appropriations contained in this Act that

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

3 a result of energy cost savings realized by the Department

4 of Defense shall remain available for obligation for the next

5 fiscal year to the extent, and for the purposes, provided in

6 section 2865 of title 10, United States Code.

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

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

10 from the assets of the Voluntary Separation Incentive Fund

11 established by section 1175(h)(1).

12 (INCLUDING TRANSFER OF FUNDS)

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

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

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

17 until transferred by the Secretary of Defense to current ap18 plicable appropriations or funds of the Department of De19 fense under the terms and conditions specified by 40 U.S.C.

20 485(h)(2) (A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be

21 merged with and to be available for the same time period

22 and the same purposes as the appropriation to which trans23 ferred.

24 SEC. 8043. During the current fiscal year, appropria25 tions available to the Department of Defense may be used
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1 to reimburse a member of a reserve component of the Armed

2 Forces who is not otherwise entitled to travel and transpor3 tation allowances and who occupies transient government

4 housing while performing active duty for training or inac5 tive duty training: Provided, That such members may be

6 provided lodging in kind if transient government quarters

7 are unavailable as if the member was entitled to such allow8 ances under subsection (a) of section 404 of title 37, United

9 States Code: Provided further, That if lodging in kind is

10 provided, any authorized service charge or cost of such lodg11 ing may be paid directly from funds appropriated for oper12 ation and maintenance of the reserve component of the

13 member concerned.

14 SEC. 8044. Notwithstanding any other provision of

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

17 Marines program.

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

19 contained in the Department of Defense Overseas Military

20 Facility Investment Recovery Account established by section

21 2921(c)(1) of the National Defense Authorization Act of

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

23 available until expended for the payments specified by sec24 tion 2921(c)(2) of that Act.
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1 SEC. 8046. During the current fiscal year and here2 after, annual payments granted under the provisions of sec3 tion 4416 of the National Defense Authorization Act for Fis4 cal Year 1993 (Public Law 102–428; 106 Stat. 2714) shall

5 be made from appropriations in this Act which are avail6 able for the pay of reserve component personnel.

7 SEC. 8047. Of the funds appropriated or otherwise

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

9 shall be available for payment of the operating costs of

10 NATO Headquarters: Provided, That the Secretary of De11 fense may waive this section for Department of Defense sup12 port provided to NATO forces in and around the former

13 Yugoslavia.

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

16 operation and maintenance may be used to purchase items

17 having an investment item unit cost of not more than

18 $100,000.

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

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

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

24 under the terms and conditions provided in section 4403.
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1 SEC. 8050. (a) During the current fiscal year, none

2 of the appropriations or funds available to the Defense

3 Business Operations Fund shall be used for the purchase

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

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

7 the Defense Business Operations Fund if such an item

8 would not have been chargeable to the Defense Business Op9 erations Fund during fiscal year 1994 and if the purchase

10 of such an investment item would be chargeable during the

11 current fiscal year to appropriations made to the Depart12 ment of Defense for procurement.

13 (b) The fiscal year 1998 budget request for the Depart14 ment of Defense as well as all justification material and

15 other documentation supporting the fiscal year 1998 De16 partment of Defense budget shall be prepared and submitted

17 to the Congress on the basis that any equipment which was

18 classified as an end item and funded in a procurement ap19 propriation contained in this Act shall be budgeted for in

20 a proposed fiscal year 1998 procurement appropriation and

21 not in the supply management business area or any other

22 area or category of the Defense Business Operations Fund.

23 SEC. 8051. None of the funds provided in this Act shall

24 be available for use by a Military Department to modify

25 an aircraft, weapon, ship or other item of equipment, that
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1 the Military Department concerned plans to retire or other2 wise dispose of within five years after completion of the

3 modification: Provided, That this prohibition shall not

4 apply to safety modifications: Provided further, That this

5 prohibition may be waived by the Secretary of a Military

6 Department if the Secretary determines it is in the best na7 tional security interest of the United States to provide such

8 waiver and so notifies the congressional defense committees

9 in writing.

10 SEC. 8052. None of the funds appropriated by this Act

11 for programs of the Central Intelligence Agency shall re12 main available for obligation beyond the current fiscal year,

13 except for funds appropriated for the Reserve for Contin14 gencies, which shall remain available until September 30,

15 1998.

16 SEC. 8053. Notwithstanding any other provision of

17 law, funds made available in this Act for the Defense Intel18 ligence Agency may be used for the design, development, and

19 deployment of General Defense Intelligence Program intel20 ligence communications and intelligence information sys21 tems for the Services, the Unified and Specified Commands,

22 and the component commands.

23 SEC. 8054. Of the funds appropriated to the Depart24 ment of Defense under the heading ‘‘Operation and Mainte25 nance, Defense-Wide’’, not less than $8,000,000 shall be
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1 made available only for the mitigation of environmental

2 impacts, including training and technical assistance to

3 tribes, related administrative support, the gathering of in4 formation, documenting of environmental damage, and de5 veloping a system for prioritization of mitigation, on In6 dian lands resulting from Department of Defense activities.

7 SEC. 8055. Amounts collected for the use of the facili8 ties of the National Science Center for Communications and

9 Electronics during the current fiscal year pursuant to sec10 tion 1459(g) of the Department of Defense Authorization

11 Act, 1986 and deposited to the special account established

12 under subsection 1459(g)(2) of that Act are appropriated

13 and shall be available until expended for the operation and

14 maintenance of the Center as provided for in subsection

15 1459(g)(2).

16 SEC. 8056. None of the funds appropriated in this Act

17 may be used to fill the commander’s position at any mili18 tary medical facility with a health care professional unless

19 the prospective candidate can demonstrate professional ad20 ministrative skills.

21 SEC. 8057. None of the funds appropriated in this Act

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

23 unless the entity, in expending the funds, complies with the

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

25 ‘‘Buy American Act’’ means title III of the Act entitled ‘‘An
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1 Act making appropriations for the Treasury and Post Of2 fice Departments for the fiscal year ending June 30, 1934,

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

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

5 SEC. 8058. None of the funds appropriated by this Act

6 shall be available for a contract for studies, analyses, or

7 consulting services entered into without competition on the

8 basis of an unsolicited proposal unless the head of the activ9 ity responsible for the procurement determines—

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

11 only one source is found fully qualified to perform the

12 proposed work, or

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

14 unsolicited proposal which offers significant scientific

15 or technological promise, represents the product of

16 original thinking, and was submitted in confidence

17 by one source, or

18 (3) the purpose of the contract is to take advan19 tage of unique and significant industrial accomplish20 ment by a specific concern, or to insure that a new

21 product or idea of a specific concern is given finan22 cial support:

23 Provided, That this limitation shall not apply to contracts

24 in an amount of less than $25,000, contracts related to im25 provements of equipment that is in development or produc-
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1 tion, or contracts as to which a civilian official of the De2 partment of Defense, who has been confirmed by the Senate,

3 determines that the award of such contract is in the interest

4 of the national defense.

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

6 the heading ‘‘Chemical Agents and Munitions Destruction,

7 Defense’’, $40,000,000 shall only be available for the initi8 ation of a pilot program to identify and demonstrate not

9 less than two alternatives to the baseline incineration proc10 ess for the demilitarization of assembled chemical muni11 tions: Provided, That the Under Secretary of Defense for

12 Acquisition and Technology shall, not later than November

13 1, 1996, designate a program executive officer to carry out

14 the pilot program who is not, nor has been, in direct or

15 immediate control of the baseline reverse assembly inciner16 ation demilitarization program: Provided further, That the

17 Under Secretary of Defense for Acquisition and Technology

18 shall evaluate the effectiveness of each alternative chemical

19 munitions demilitarization technology identified and dem20 onstrated under the pilot program to demilitarize assembled

21 chemical munitions while meeting all applicable Federal

22 and State environmental and safety requirements: Provided

23 further, That the Under Secretary of Defense for Acquisition

24 and Technology shall transmit, by December 15 of each

25 year, a report to the congressional defense committees on
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1 the activities carried out under the pilot program during

2 the preceding fiscal year in which the report is to be made:

3 Provided further, That no funds may be obligated for the

4 initiation of construction of a baseline incineration facility

5 at the Lexington Blue Grass Army Depot or the Pueblo

6 Depot activity until 180 days after the Secretary of Defense

7 has submitted to the congressional defense committees a re8 port detailing the effectiveness of each alternative chemical

9 munitions demilitarization technology identified and dem10 onstrated under the pilot program and its ability to meet

11 the applicable safety and environmental requirements.

12 SEC. 8060. Notwithstanding any other provision of

13 law, the Secretary of Defense may, when he considers it in

14 the best interest of the United States, cancel any part of

15 an indebtedness, up to $2,500, that is or was owed to the

16 United States by a member or former member of a uni17 formed service if such indebtedness, as determined by the

18 Secretary, was incurred in connection with Operation

19 Desert Shield/Storm: Provided, That the amount of an in20 debtedness previously paid by a member or former member

21 and canceled under this section shall be refunded to the

22 member.

23 SEC. 8061. Notwithstanding any other provision of

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

25 interim leasing arrangements for the Naval Air Facility,
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1 Adak, for commercial reutilization of Department of De2 fense infrastructure and facilities consistent with the 1990

3 Defense Base Closure and Realignment Commission Act of

4 1990 (Public Law 101–510, as amended).

5 (RESCISSIONS)

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

7 Defense Appropriations Acts, the following funds are hereby

8 rescinded from the following accounts in the specified

9 amounts:

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

11 $31,900,000;

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

13 $20,000,000;

14 ‘‘Research, Development, Test and Evaluation,

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

16 SEC. 8063. Of the funds appropriated in the Depart17 ment of Defense Appropriations Act, 1996 (Public Law

18 104–61), under the heading ‘‘Other Procurement, Army’’,

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

20 Kansas Unified School District 207 for the purpose of inte21 grating schools at Fort Leavenworth into the existing fiber

22 optic network on post.

23 SEC. 8064. None of the funds available in this Act may

24 be used to reduce the authorized positions for military (ci25 vilian) technicians of the Army National Guard, the Air

26 National Guard, Army Reserve and Air Force Reserve for
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1 the purpose of applying any administratively imposed ci2 vilian personnel ceiling, freeze, or reduction on military (ci3 vilian) technicians, unless such reductions are a direct re4 sult of a reduction in military force structure.

5 SEC. 8065. None of the funds appropriated or other6 wise made available in this Act may be obligated or ex7 pended for assistance to the Democratic People’s Republic

8 of North Korea unless specifically appropriated for that

9 purpose.

10 SEC. 8066. During the current fiscal year, funds ap11 propriated in this Act are available to compensate members

12 of the National Guard for duty performed pursuant to a

13 plan submitted by a Governor of a State and approved by

14 the Secretary of Defense under section 112 of title 32, Unit15 ed States Code: Provided, That during the performance of

16 such duty, the members of the National Guard shall be

17 under State command and control: Provided further, That

18 such duty shall be treated as full-time National Guard duty

19 for purposes of sections 12602 (a)(2) and (b)(2) of title 10,

20 United States Code.

21 SEC. 8067. Funds appropriated in this Act for oper22 ation and maintenance of the Military Departments, Uni23 fied and Specified Commands and Defense Agencies shall

24 be available for reimbursement of pay, allowances and other

25 expenses which would otherwise be incurred against appro-
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1 priations for the National Guard and Reserve when mem2 bers of the National Guard and Reserve provide intelligence

3 support to Unified Commands, Defense Agencies and Joint

4 Intelligence Activities, including the activities and pro5 grams included within the General Defense Intelligence

6 Program and the Consolidated Cryptologic Program: Pro7 vided, That nothing in this section authorizes deviation

8 from established Reserve and National Guard personnel and

9 training procedures.

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

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

12 civilian medical and medical support personnel assigned to

13 military treatment facilities below the September 30, 1996

14 level.

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

16 the administration of the Civilian Health and Medical Pro17 gram of the Uniformed Services (CHAMPUS) shall be cred18 ited to current year appropriations.

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8070. None of the funds appropriated in this Act

21 may be transferred to or obligated from the Pentagon Res22 ervation Maintenance Revolving Fund, unless the Secretary

23 of Defense certifies that the total cost for the planning, de24 sign, construction and installation of equipment for the ren25 ovation of the Pentagon Reservation will not exceed

26 $1,118,000,000.
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1 SEC. 8071. (a) None of the funds available to the De2 partment of Defense for any fiscal year for drug interdic3 tion or counter-drug activities may be transferred to any

4 other department or agency of the United States except as

5 specifically provided in an appropriations law.

6 (b) None of the funds available to the Central Intel7 ligence Agency for any fiscal year for drug interdiction and

8 counter-drug activities may be transferred to any other de9 partment or agency of the United States except as specifi10 cally provided in an appropriations law.

11 (TRANSFER OF FUNDS)

12 SEC. 8072. Appropriations available in this Act under

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

14 for increasing energy and water efficiency in Federal build15 ings may, during its period of availability, be transferred

16 to other appropriations or funds of the Department of De17 fense for projects related to increasing energy and water ef18 ficiency, to be merged with and to be available for the same

19 general purposes, and for the same time period, as the ap20 propriation or fund to which transferred.

21 SEC. 8073. Notwithstanding any other provision of

22 law, funds available to the Department of Defense shall be

23 made available to provide transportation of medical sup24 plies and equipment, on a nonreimbursable basis, to Amer25 ican Samoa: Provided, That notwithstanding any other
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1 provision of law, funds available to the Department of De2 fense shall be made available to provide transportation of

3 medical supplies and equipment, on a nonreimbursable

4 basis, to the Indian Health Service when it is in conjunc5 tion with a civil-military project.

6 SEC. 8074. Notwithstanding any other provision of

7 law, the Naval shipyards of the United States shall be eligi8 ble to participate in any manufacturing extension program

9 financed by funds appropriated in this or any other Act.

10 (TRANSFER OF FUNDS)

11 SEC. 8075. In addition to amounts appropriated or

12 otherwise made available by this Act, $300,000,000 is here13 by appropriated to the Department of Defense and shall be

14 available only for transfer to the United States Coast

15 Guard.

16 SEC. 8076. Notwithstanding any other provision of

17 law, each contract awarded by the Department of Defense

18 during the current fiscal year for construction or service

19 performed in whole or in part in a State which is not con20 tiguous with another State and has an unemployment rate

21 in excess of the national average rate of unemployment as

22 determined by the Secretary of Labor, shall include a provi23 sion requiring the contractor to employ, for the purpose of

24 performing that portion of the contract in such State that

25 is not contiguous with another State, individuals who are

26 residents of such State and who, in the case of any craft
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1 or trade, possess or would be able to acquire promptly the

2 necessary skills: Provided, That the Secretary of Defense

3 may waive the requirements of this section, on a case-by4 case basis, in the interest of national security.

5 SEC. 8077. Notwithstanding any other provision of

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

7 of the Air Force may enter into agreements to modify leases

8 of housing units being constructed if deemed to be in the

9 best interest of the Department. The housing units shall be

10 assigned, without rental charge, as family housing to mem11 bers of the Armed Forces who are eligible for assignment

12 to military family housing.

13 SEC. 8078. (a) The Secretary of Defense shall submit,

14 on a quarterly basis, a report to the congressional defense

15 committees, the Committee on International Relations of

16 the House of Representatives and the Committee on Foreign

17 Relations of the Senate setting forth all costs (including in18 cremental costs) incurred by the Department of Defense

19 during the preceding quarter in implementing or support20 ing resolutions of the United Nations Security Council, in21 cluding any such resolution calling for international sanc22 tions, international peacekeeping operations, and humani23 tarian missions undertaken by the Department of Defense.

24 The quarterly report shall include an aggregate of all such

25 Department of Defense costs by operation or mission.
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1 (b) The Secretary of Defense shall detail in the quar2 terly reports all efforts made to seek credit against past

3 United Nations expenditures and all efforts made to seek

4 compensation from the United Nations for costs incurred

5 by the Department of Defense in implementing and sup6 porting United Nations activities.

7 SEC. 8079. To the extent authorized by subchapter VI

8 of Chapter 148 of title 10, United States Code, the Secretary

9 of Defense shall issue loan guarantees in support of U.S.

10 defense exports not otherwise provided for: Provided, That

11 the total contingent liability of the United States for guar12 antees issued under the authority of this section may not

13 exceed $15,000,000,000: Provided further, That the exposure

14 fees charged and collected by the Secretary for each guaran15 tee, shall be paid by the country involved and shall not be

16 financed as part of a loan guaranteed by the United States:

17 Provided further, That the Secretary shall provide quarterly

18 reports to the Committees on Appropriations, Armed Serv19 ices and Foreign Relations of the Senate and the Commit20 tees on Appropriations, National Security and Inter21 national Relations in the House of Representatives on the

22 implementation of this program: Provided further, That

23 amounts charged for administrative fees and deposited to

24 the special account provided for under section 2540c(d) of

25 title 10, shall be available for paying the costs of adminis-
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1 trative expenses of the Department of Defense that are at2 tributable to the loan guarantee program under subchapter

3 VI of Chapter 148 of title 10.

4 SEC. 8080. None of the funds available to the Depart5 ment of Defense shall be obligated or expended to make a

6 financial contribution to the United Nations for the cost

7 of an United Nations peacekeeping activity (whether pursu8 ant to assessment or a voluntary contribution) or for pay9 ment of any United States arrearage to the United Nations.

10 SEC. 8081. None of the funds available to the Depart11 ment of Defense under this Act shall be obligated or ex12 pended to pay a contractor under a contract with the De13 partment of Defense for costs of any amount paid by the

14 contractor to an employee when—

15 (1) such costs are for a bonus or otherwise in ex16 cess of the normal salary paid by the contractor to the

17 employee; and

18 (2) such bonus is part of restructuring costs asso19 ciated with a business combination.

20 SEC. 8082. (a) None of the funds appropriated or oth21 erwise made available in this Act may be used to transport

22 or provide for the transportation of chemical munitions or

23 agents to the Johnston Atoll for the purpose of storing or

24 demilitarizing such munitions or agents.
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1 (b) The prohibition in subsection (a) shall not apply

2 to any obsolete World War II chemical munition or agent

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

4 Theater of Operations.

5 (c) The President may suspend the application of sub6 section (a) during a period of war in which the United

7 States is a party.

8 SEC. 8083. During the current fiscal year, appropria9 tions made in this Act under the heading ‘‘Operation and

10 Maintenance, Defense-Wide’’ may be transferred to appro11 priations available for the pay of military personnel, to be

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

13 as the appropriations to which transferred, to be used for

14 the purposes of expenses incurred in connection with a pilot

15 program to increase the use of Reserve personnel in support

16 of missions of the Armed Forces and for the use of such

17 personnel in connection with support and services for eligi18 ble organizations and activities outside the Department of

19 Defense pursuant to section 2012 of title 10, United States

20 Code.

21 SEC. 8084. None of the funds provided in this Act may

22 be obligated or expended for the sale of zinc in the National

23 Defense Stockpile if zinc commodity prices decline more

24 than five percent below the London Metals Exchange market

25 price reported on the date of enactment of this Act.
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1 SEC. 8085. For purposes of section 1553(b) of title 31,

2 United States Code, any subdivision of appropriations

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

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

5 purpose as any subdivision under the heading ‘‘Shipbuild6 ing and Conversion, Navy’’ appropriations in any prior

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

8 amount of the appropriation.

9 SEC. 8086. During the current fiscal year, and not10 withstanding 31 U.S.C. 1552(a), not more than

11 $107,000,000 appropriated under the heading ‘‘Aircraft

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

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

14 ‘‘Aircraft Procurement, Air Force’’ in Public Law 102–172

15 which were available and obligated for the B–2 Aircraft

16 Program shall remain available for expenditure and for ad17 justing obligations for such Program until September 30,

18 2002.

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

20 of an appropriation account of the Department of Defense

21 for which the period of availability for obligation has ex22 pired or which has closed under the provisions of section

23 1552 of title 31, United States Code, and which has a nega24 tive unliquidated or unexpended balance, an obligation or

25 an adjustment of an obligation may be charged to any cur-
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1 rent appropriation account for the same purpose as the ex2 pired or closed account if—

3 (1) the obligation would have been properly

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

5 closed account before the end of the period of avail6 ability or closing of that account;

7 (2) the obligation is not otherwise properly

8 chargeable to any current appropriation account of

9 the Department of Defense; and

10 (3) in the case of an expired account, the obliga11 tion is not chargeable to a current appropriation of

12 the Department of Defense under the provisions of sec13 tion 1405(b)(8) of the National Defense Authorization

14 Act for Fiscal Year 1991, Public Law 101–510, as

15 amended (31 U.S.C. 1551 note): Provided, That in

16 the case of an expired account, if subsequent review

17 or investigation discloses that there was not in fact a

18 negative unliquidated or unexpended balance in the

19 account, any charge to a current account under the

20 authority of this section shall be reversed and re21 corded against the expired account: Provided further,

22 That the total amount charged to a current appro23 priation under this section may not exceed an

24 amount equal to one percent of the total appropria25 tion for that account.
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1 (TRANSFER OF FUNDS)

2 SEC. 8088. Upon enactment of this Act, the Secretary

3 of Defense shall make the following transfers of funds: Pro4 vided, That the amounts transferred shall be available for

5 the same purposes as the appropriations to which trans6 ferred, and for the same time period as the appropriation

7 from which transferred: Provided further, That the amounts

8 shall be transferred between the following appropriations in

9 the amount specified:

10 From:

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1985/1995’’:

13 For craft, outfitting, and post delivery,

14 $2,000,000;

15 To:

16 Under the heading, ‘‘Shipbuilding and Conver17 sion, Navy, 1985/1995’’:

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

19 From:

20 Under the heading, ‘‘Shipbuilding and Conver21 sion, Navy, 1986/1996’’:

22 LHD–1 amphibious assault ship program,

23 $2,154,000;

24 To:
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1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 1986/1996’’:

3 For craft, outfitting and post delivery,

4 $2,154,000;

5 From:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1987/1996’’:

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

9 Oceanographic ship program, $735,000;

10 To:

11 Under the heading, ‘‘Shipbuilding and Conver12 sion, Navy, 1987/1996’’:

13 For craft, outfitting, and post delivery,

14 $1,830,000;

15 From:

16 Under the heading, ‘‘Shipbuilding and Conver17 sion, Navy, 1989/2000’’:

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

19 To:

20 Under the heading, ‘‘Shipbuilding and Conver21 sion, Navy, 1989/2000’’:

22 SSN–21 attack submarine program,

23 $6,571,000;

24 From:
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1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 1991/2001’’:

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

4 To:

5 Under the heading, ‘‘Shipbuilding and Conver6 sion, Navy, 1991/2001’’:

7 LHD–1 amphibious assault ship program,

8 $9,387,000;

9 MHC coastal mine hunter program,

10 $3,300,000;

11 From:

12 Under the heading, ‘‘Shipbuilding and Conver13 sion, Navy, 1992/1996’’:

14 For escalation, $1,600,000;

15 To:

16 Under the heading, ‘‘Shipbuilding and Conver17 sion, Navy, 1992/1996’’:

18 MHC coastal mine hunter program,

19 $1,600,000;

20 From:

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 1993/1997’’:

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

24 LSD–41 cargo variant ship program,

25 $2,700,000;
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1 For craft, outfitting, post delivery, and first

2 destination transportation, and inflation adjust3 ments, $1,577,000;

4 To:

5 Under the heading, ‘‘Shipbuilding and Conver6 sion, Navy, 1993/1997’’:

7 AOE combat support ship program,

8 $9,277,000;

9 From:

10 Under the heading, ‘‘Shipbuilding and Conver11 sion, Navy, 1995/1999’’:

12 Carrier replacement program, $18,023,000;

13 To:

14 Under the heading, ‘‘Shipbuilding and Conver15 sion, Navy, 1993/1997’’:

16 MHC coastal mine hunter program,

17 $6,700,000;

18 AOE combat support ship program,

19 $11,323,000;

20 From:

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 1994/1998’’:

23 LHD–1 amphibious assault ship program,

24 $4,100,000;
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1 Mine warfare command and control ship,

2 $1,000,000;

3 For craft, outfitting, post delivery, and first

4 destination transportation, $2,000,000;

5 From:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1995/1999’’:

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

9 From:

10 Under the heading, ‘‘Shipbuilding and Conver11 sion, Navy, 1996/2000’’:

12 NSSN–1 (AP), $3,791,000;

13 DDG–51 destroyer program, $4,075,000;

14 CVN Refuelings, $5,212,000;

15 T–AGS–64 multi-purpose oceanographic

16 survey ship, $375,000;

17 For craft, outfitting, post delivery, conver18 sions and first destination transportation,

19 $11,770,000;

20 To:

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 1994/1998’’:

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

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

25 not later than June 30, 1997, each disbursement by the De-
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1 partment of Defense in an amount in excess of $3,000,000

2 be matched to a particular obligation before the disburse3 ment is made.

4 (b) The Secretary shall ensure that a disbursement in

5 excess of the threshold amount applicable under section (a)

6 is not divided into multiple disbursements of less than that

7 amount for the purpose of avoiding the applicability of such

8 section to that disbursement.

9 SEC. 8090. The Under Secretary of Defense (Comptrol10 ler) shall submit to the Congressional defense committees

11 a detailed report identifying, by amount and by separate

12 budget activity, activity group, subactivity group, line

13 item, program element, program, project, subproject, and

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

15 request was reduced because Congress appropriated funds

16 above the President’s budget request for that specific activ17 ity for fiscal year 1997.

18 SEC. 8091. Notwithstanding any other provision of

19 law, of the funds appropriated under the heading ‘‘Aircraft

20 Procurement, Navy’’ in Public Law 104–61, $45,000,000

21 shall be made available only for procurement of T–39N air22 craft, simulators, and support equipment currently used for

23 training naval flight officers under an existing contract.

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

25 funds provided in Department of Defense Appropriations
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1 Acts, not more than the specified amounts of funds from

2 the following accounts shall remain available for the pay3 ment of satellite on-orbit incentive fees until the fees are

4 paid:

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

6 $17,800,000;

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

8 $19,330,000;

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

10 $23,570,000;

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

12 $16,780,000;

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

14 $16,780,000.

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

16 of law, of the amounts available to the Department of De17 fense (department) during fiscal year 1997, not more than

18 $1,162,650,000 may be obligated for financing activities of

19 defense federally funded research and development centers

20 (FFRDCs): Provided, That of the specific amount referred

21 to previously in this subsection, not more than

22 $206,650,000 may be obligated for financing activities of

23 the defense studies and analysis FFRDCs: Provided further,

24 That the total amounts appropriated in titles II, III, and
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1 IV of this Act are hereby reduced by $52,286,000 to reflect

2 the overall funding ceiling contained in this subsection.

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

4 Secretary of Defense shall submit to the Congressional de5 fense committees a report presenting the specific amounts—

6 in dollars and staff years of technical effort—to be allocated

7 by the department for each defense FFRDC during fiscal

8 year 1997.

9 (c) The Secretary of Defense shall, with the submission

10 of the department’s fiscal year 1998 budget request, submit

11 a report presenting the specific amounts—in dollars and

12 staff years of technical effort—to be allocated for each de13 fense FFRDC during that fiscal year.

14 (d) The Secretary of Defense may, pursuant to the gen15 eral transfer authority granted in Section 8005 of this Act,

16 provide additional funds to a defense FFRDC: Provided,

17 That any such transfer, irrespective of amount, shall be sub18 ject to a Form DD–1415 reprogramming action request.

19 SEC. 8094. None of the funds available to the Depart20 ment of the Navy may be used to enter into any contract

21 for the overhaul, repair, or maintenance of any naval vessel

22 homeported on the West Coast of the United States which

23 includes charges for interport differential as an evaluation

24 factor for award.
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1 SEC. 8095. Notwithstanding any other provision of

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

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

4 lock on a safe or security container which protects informa5 tion critical to national security or any other classified ma6 terials and which has not been certified as passing the secu7 rity lock specifications contained in regulation FF–L–2740

8 dated October 12, 1989, and has not passed all testing cri9 teria and procedures established through February 28,

10 1992: Provided, That the Director of Central Intelligence

11 may waive this provision, on a case-by-case basis only,

12 upon certification that the above cited locks are not ade13 quate for the protection of sensitive intelligence informa14 tion.

15 SEC. 8096. (a) None of the funds available to the De16 partment of Defense during fiscal year 1997 may be obli17 gated or expended to modify established reprogramming

18 procedures, including modifying the below threshold re19 programming dollar thresholds, until 90 days after any

20 proposed modification is reported to the Congressional de21 fense committees along with a detailed justification for that

22 proposed modification.

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

24 policies with respect to budgeting for low rate initial pro25 duction test articles until 90 days after any proposed modi-
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1 fication is reported to the Congressional defense committees

2 along with a detailed justification for that proposed modi3 fication.

4 (c) For the purposes of this section, the terms ‘‘estab5 lished reprogramming procedures’’ and the terms ‘‘policies

6 with respect to budgeting for low rate initial production

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

8 were in effect on January 1, 1996.

9 (TRANSFER OF FUNDS)

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

11 Act, $93,000,000 shall be made available for prostate cancer

12 research: Provided, That these funds shall be transferred to

13 the Department of the Army for the execution of a peer re14 view research program: Provided further, That the transfer

15 authority provided in this section is in addition to any

16 transfer authority contained elsewhere in this Act.

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

18 Stat. 674) is hereby repealed.

19 SEC. 8099. (a) Notwithstanding any other provision

20 of this Act, the number for Military Personnel, Navy shall

21 be $16,948,481,000, the number for Military Personnel, Air

22 Force shall be $17,026,210,000, the number for Operation

23 and Maintenance, Army shall be $17,696,659,000, the num24 ber for Operation and Maintenance, Air Force shall be

25 $17,326,909,000, the number for Operation and Mainte26 nance, Defense-Wide shall be $9,887,142,000, the number
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1 for Overseas Contingency Operations Transfer Fund shall

2 be $1,140,157,000, the number for Defense Health Program

3 shall be $10,251,208,000, and the number for Defense

4 Health Program Operation and Maintenance shall be

5 $9,931,738,000.

6 (b) Of the funds appropriated under the heading Air7 craft Procurement, Air Force, $11,500,000 shall be made

8 available only for modifications to B–52 bomber aircraft.

9 (c) Of the funds appropriated in title VI of this Act,

10 under the heading Chemical Agents and Munitions Destruc11 tion, Defense for research, development, test and evaluation,

12 $3,000,000 shall only be for the accelerated development of

13 advanced sensors for the Army’s Mobile Munitions Assess14 ment System.

15 (d) Of the funds appropriated in title IV of this Act,

16 under the heading Research, Development, Test and Eval17 uation, Defense-Wide, $56,200,000 shall be available for the

18 Corps Surface-to-Air Missile (CORPS SAM) program and

19 $515,743,000 shall be available for the Other Theater Mis20 sile Defense/Follow-On TMD Activities program.

21 (e) Funds appropriated in title II of this Act for super22 vision and administration costs for facilities maintenance

23 and repair, minor construction, or design projects may be

24 obligated at the time the reimbursable order is accepted by

25 the performing activity: Provided, That for the purpose of
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1 this section, supervision and administration costs includes

2 all in-house Government cost.

3 (f) Of the funds appropriated in title IV of this Act,

4 under the heading Research, Development, Test and Eval5 uation, Navy, $2,000,000 is available for titanium process6 ing technology.

7 (g) Advance billing for services provided or work per8 formed by the Navy’s defense business operating fund activi9 ties is prohibited: Provided, That of the funds appropriated

10 under the heading Operation and Maintenance, Navy,

11 $2,976,000,000 shall be available only for depot mainte12 nance activities and programs, and $989,700,000 shall be

13 available only for real property maintenance activities.

14 (h) The Secretary of Defense may waive reimburse15 ment of the cost of conferences, seminars, courses of instruc16 tion, or similar educational activities of the Asia-Pacific

17 Center for Security Studies for military officers and civil18 ian officials of foreign nations if the Secretary determines

19 that attendance by such personnel, without reimbursement,

20 is in the national security interest of the United States:

21 Provided, That costs for which reimbursement is waived

22 pursuant to this subsection shall be paid from appropria23 tions available for the Asia-Pacific Center.

24 (i) Of the funds appropriated in title IV of this Act,

25 under the heading Research, Development, Test and Eval-
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1 uation, Defense-Wide, $3,000,000 shall be available for a

2 defense technology transfer pilot program.

3 (j) Of the funds appropriated in title IV of this Act,

4 under the heading Research, Development, Test and Eval5 uation, Navy, $4,000,000 is available for the establishment

6 of the National Coastal Data Centers required by section

7 7901(c) of title 10, United States Code, as added by the

8 National Defense Authorization Act for fiscal year 1997.

9 (k)(1) Of the amounts appropriated or otherwise made

10 available by this Act for the Department of the Air Force,

11 $2,000,000 shall be available to provide comprehensive care

12 and rehabilitation services to children with disabilities who

13 are dependents of members of the Armed Forces at Lackland

14 Air Force Base, Texas.

15 (2) Subject to paragraph (3), the Secretary of the Air

16 Force shall grant the funds available under subsection (a)

17 to the Children’s Association for Maximum Potential

18 (CAMP) for use by the association to defray the costs of

19 designing and constructing the facility referred to in para20 graph (1).

21 (3)(A) The Secretary may not make a grant of funds

22 under paragraph (2) until the Secretary and the associa23 tion enter into an agreement under which the Secretary

24 leases to the association the facility to be constructed using

25 the funds.
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1 (B)(i) The term of the lease under paragraph (1) may

2 not be less than 25 years.

3 (ii) As consideration for the lease of the facility, the

4 association shall assume responsibility for the operation

5 and maintenance of the facility, including the costs of such

6 operation and maintenance.

7 (C) The Secretary may require such additional terms

8 and conditions in connection with the lease as the Secretary

9 considers appropriate to protect the interests of the United

10 States.

11 SEC. 8100. None of the funds appropriated by this Act

12 may be obligated or expended—

13 (1) to reduce the number of units of special oper14 ations forces of the Army National Guard during fis15 cal year 1997;

16 (2) to reduce the authorized strength of any such

17 unit below the strength authorized for the unit as of

18 September 30, 1996; or

19 (3) to apply any administratively imposed limi20 tation on the assigned strength of any such unit at

21 less than the strength authorized for that unit as of

22 September 30, 1996.

23 SEC. 8101. (a) The Secretary of the Army shall ensure

24 that solicitations for contracts for unrestricted procurement

25 to be entered into using funds appropriated for the Army
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1 by this Act include, where appropriate, specific goals for

2 subcontracts with small businesses, small disadvantages

3 businesses, and women owned small businesses.

4 (b) The Secretary shall ensure that any subcontract en5 tered into pursuant to a solicitation referred to in sub6 section (a) that meets a specific goal referred to in that sub7 section is credited toward the overall goal of the Army for

8 subcontracts with the businesses referred to in that sub9 section.

10 SEC. 8102. (a) The Secretary of the Air Force and the

11 Director of the Office of Personnel Management shall submit

12 a joint report describing in detail the benefits, allowances,

13 services, and any other forms of assistance which may or

14 shall be provided to any civilian employee of the Federal

15 Government or to any private citizen, or to the family of

16 such an individual, who is injured or killed while traveling

17 on an aircraft owned, leased, chartered, or operated by the

18 Government of the United States.

19 (b) The report required by subsection (a) above shall

20 be submitted to the congressional defense committees and

21 to the Committee on Governmental Affairs of the Senate

22 and the Committee on Government Reform and Oversight

23 of the House of Representatives not later than December 15,

24 1996.
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1 SEC. 8103. (a) Not later than March 1, 1997, the Dep2 uty Secretary of Defense shall submit to the defense commit3 tees a report on Department of Defense procurements of pro4 pellant raw materials.

5 (b) The report shall include the following:

6 (1) The projected future requirements of the De7 partment of Defense for propellant raw materials,

8 such as nitrocellulose.

9 (2) The capacity, ability, and production cost

10 rates of the national technology and industrial base,

11 including Government-owned, contractor-operated fa12 cilities, contractor owned and operated facilities, and

13 Government-owned, Government-operated facilities,

14 for meeting such requirements.

15 (3) The national security benefits of preserving

16 in the national technology and industrial base con17 tractor owned and operated facilities for producing

18 propellant raw materials, including nitrocellulose.

19 (4) The extent to which the cost rates for produc20 tion of nitrocellulose in Government-owned, contrac21 tor-operated facilities is lower because of the relation22 ship of those facilities with the Department of Defense

23 than such rates would be without that relationship.

24 (5) The advantages and disadvantages of permit25 ting commercial facilities to compete for award of De-
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1 partment of Defense contracts for procurement of pro2 pellant raw materials, such as nitrocellulose.

3 SEC. 8104. Not later than six months after the date

4 of the enactment of this Act, the Secretary of the Air Force

5 shall submit to Congress a cost-benefit analysis of consoli6 dating the ground station infrastructure of the Air Force

7 that supports polar orbiting satellites.

8 SEC. 8105. (a) Not later than April 1, 1997, the Comp9 troller General shall, in consultation with the Inspector

10 General of the Department of Defense, the Secretary of De11 fense, and the Secretary of Labor, submit to Congress a re12 port which shall include the following—

13 (1) an analysis and breakdown of the restructur14 ing costs paid by or submitted to the Department of

15 Defense to companies involved in business combina16 tions since 1993;

17 (2) an analysis of the specific costs associated

18 with workforce reductions;

19 (3) an analysis of the services provided to the

20 workers affected by business combinations;

21 (4) an analysis of the effectiveness of the restruc22 turing costs used to assist laid off workers in gaining

23 employment;

24 (5) in accordance with section 818 of 10 U.S.C.

25 2324, an analysis of the savings reached from the
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1 business combination relative to the restructuring

2 costs paid by the Department of Defense.

3 (b) The report should set forth recommendations to

4 make this program more effective for workers affected by

5 business combinations and more efficient in terms of the

6 use of Federal dollars.

7 SEC. 8106. (a) LEASE OF PROPERTY FOR CONSTRUC8 TION OF RESERVE CENTER.—(1) The Secretary of the Navy

9 may lease, without reimbursement, to the State of Mis10 sissippi (in this section referred to as the ‘‘State’’), approxi11 mately five acres of real property located at Naval Air Sta12 tion, Meridian, Mississippi, only for use by the State to

13 construct a reserve center of approximately 22,000 square

14 feet and ancillary supporting facilities.

15 (2) The term of the lease under this subsection shall

16 expire on the same date that the lease authorized by sub17 section (b) expires.

18 (b) LEASEBACK OF RESERVE CENTER.—(1) The Sec19 retary may lease from the State the property and improve20 ments constructed pursuant to subsection (a) for a five-year

21 period. The term of the lease shall begin on the date on

22 which the improvements are available for occupancy, as de23 termined by the Secretary.

24 (2) Rental payments under the lease under paragraph

25 (1) may not exceed $200,000 per year, and the total amount
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1 of the rental payments for the entire period may not exceed

2 20 percent of the total cost of constructing the reserve center

3 and ancillary supporting facilities.

4 (3) Subject to the availability of appropriations for

5 this purpose, the Secretary may use funds appropriated

6 pursuant to an authorization of appropriations for the op7 eration and maintenance of the Naval Reserve to make rent8 al payments required under this subsection.

9 (c) EFFECT OF TERMINATION OF LEASES.—At the end

10 of the lease term under subsection (b), the State shall con11 vey, without reimbursement, to the United States all right,

12 title, and interest of the State in the reserve center and an13 cillary supporting facilities subject to the lease.

14 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

16 in connection with the leases under this section as the Sec17 retary considers appropriate to protect the interests of the

18 United States.

19 SEC. 8107. None of the funds provided for the purchase

20 of the T–39N may be obligated until the Under Secretary

21 of Defense for Acquisition certifies to the defense committees

22 that the contract was awarded on the basis of and following

23 a full and open competition consistent with current Federal

24 acquisition statutes.
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1 SEC. 8108. (a) REPEAL OF TEMPORARY REQUIRE2 MENT RELATING TO EMPLOYMENT.—Title VII of the De3 partment of Defense Appropriations Act, 1996 (Public Law

4 104–61; 109 Stat. 650), is amended under the heading ‘‘NA5 TIONAL SECURITY EDUCATION TRUST FUND’’ by striking

6 out the proviso.

7 (b) GENERAL PROGRAM REQUIREMENTS.—Subsection

8 (a)(1) of section 802 of the David L. Boren National Secu9 rity Education Act of 1991 (title VIII of Public Law 102–

10 183; 50 U.S.C. 1902) is amended—

11 (1) by striking out subparagraph (A) and insert12 ing in lieu thereof the following new subparagraph

13 (A):

14 ‘‘(A) awarding scholarships to undergradu15 ate students who—

16 ‘‘(i) are United States citizens in order

17 to enable such students to study, for at least

18 one academic semester or equivalent term,

19 in foreign countries that are critical coun20 tries (as determined under section

21 803(d)(4)(A) of this title) in those languages

22 and study areas where deficiencies exist (as

23 identified in the assessments undertaken

24 pursuant to section 806(d) of this title); and
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1 ‘‘(ii) pursuant to subsection (b)(2)(A)

2 of this section, enter into an agreement to

3 work for, and make their language skills

4 available to, an agency or office of the Fed5 eral Government or work in the field of

6 higher education in the area of study for

7 which the scholarship was awarded;’’; and

8 (2) in subparagraph (B)—

9 (A) in clause (i), by inserting ‘‘relating to

10 the national security interests of the United

11 States’’ after ‘‘international fields’’; and

12 (B) in clause (ii)—

13 (i) by striking out ‘‘subsection (b)(2)’’

14 and inserting in lieu thereof ‘‘subsection

15 (b)(2)(B)’’; and

16 (ii) by striking out ‘‘work for an agen17 cy or office of the Federal Government or

18 in’’ and inserting in lieu thereof ‘‘work for,

19 and make their language skills available to,

20 an agency or office of the Federal Govern21 ment or work in’’.

22 (c) SERVICE AGREEMENT.—Subsection (b) of that sec23 tion is amended—

24 (1) in the matter preceding paragraph (1), by

25 striking out ‘‘, or of scholarships’’ and all that follows
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1 through ‘‘12 months or more,’’ and inserting in lieu

2 thereof ‘‘or any scholarship’’.

3 (2) by striking out paragraph (2) and inserting

4 in lieu thereof the following new paragraph (2):

5 ‘‘(2) will—

6 ‘‘(A) not later than eight years after such

7 recipient’s completion of the study for which

8 scholarship assistance was provided under the

9 program, and in accordance with regulations is10 sued by the Secretary—

11 ‘‘(i) work in an agency or office of the

12 Federal Government having national secu13 rity responsibilities (as determined by the

14 Secretary in consultation with the National

15 Security Education Board) and make avail16 able such recipient’s foreign language skills

17 to an agency or office of the Federal Gov18 ernment approved by the Secretary (in con19 sultation with the Board), upon the request

20 of the agency or office, for a period specified

21 by the Secretary, which period shall be no

22 longer than the period for which scholarship

23 assistance was provided; or

24 ‘‘(ii) if the recipient demonstrates to

25 the Secretary (in accordance with such reg-
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1 ulations) that no position in an agency or

2 office of the Federal Government having na3 tional security responsibilities is available,

4 work in the field of higher education in a

5 discipline relating to the foreign country,

6 foreign language, area study, or inter7 national field of study for which the schol8 arship was awarded, for a period specified

9 by the Secretary, which period shall be de10 termined in accordance with clause (i); or

11 ‘‘(B) upon completion of such recipient’s

12 education under the program, and in accordance

13 with such regulations—

14 ‘‘(i) work in an agency or office of the

15 Federal Government having national secu16 rity responsibilities (as so determined) and

17 make available such recipient’s foreign lan18 guage skills to an agency or office of the

19 Federal Government approved by the Sec20 retary (in consultation with the Board),

21 upon the request of the agency or office, for

22 a period specified by the Secretary, which

23 period shall be not less than one and not

24 more than three times the period for which

25 the fellowship assistance was provided; or
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1 ‘‘(ii) if the recipient demonstrates to

2 the Secretary (in accordance with such reg3 ulations) that no position in an agency or

4 office of the Federal Government having na5 tional security responsibilities is available

6 upon the completion of the degree, work in

7 the field of higher education in a discipline

8 relating to the foreign country, foreign lan9 guage, area study, or international field of

10 study for which the fellowship was awarded,

11 for a period specified by the Secretary,

12 which period shall be established in accord13 ance with clause (i); and’’.

14 (d) EVALUATION OF PROGRESS IN LANGUAGE

15 SKILLS.—Such section 802 is further amended by—

16 (1) redesignating subsections (c), (d), and (e) as

17 subsections (d), (e), and (f), respectively; and

18 (2) by inserting after subsection (b) the following

19 new subsection (c):

20 ‘‘(c) EVALUATION OF PROGRESS IN LANGUAGE

21 SKILLS.—The Secretary shall, through the National Secu22 rity Education Program office, administer a test of the for23 eign language skills of each recipient of a scholarship or

24 fellowship under this title before the commencement of the

25 study or education for which the scholarship or fellowship
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1 is awarded and after the completion of such study or edu2 cation. The purpose of the tests is to evaluate the progress

3 made by recipients of scholarships and fellowships in devel4 oping foreign language skills as a result of assistance under

5 this title.’’.

6 (e) FUNCTIONS OF THE NATIONAL SECURITY EDU7 CATION BOARD.—Section 803(d) of that Act (50 U.S.C.

8 1903(d)) is amended—

9 (1) in paragraph (1), by inserting ‘‘, including

10 an order of priority in such awards that favors indi11 viduals expressing an interest in national security is12 sues or pursuing a career in an agency or office of

13 the Federal Government having national security re14 sponsibilities’’ before the period;

15 (2) in paragraph (4)—

16 (A) in the matter preceding subparagraph

17 (A), by striking out ‘‘Make recommendations’’

18 and inserting in lieu thereof ‘‘After taking into

19 account the annual analyses of trends in lan20 guage, international, and area studies under sec21 tion 806(b)(1), make recommendations’’;

22 (B) in subparagraph (A), by inserting ‘‘and

23 countries which are of importance to the na24 tional security interests of the United States’’

25 after ‘‘are studying’’; and
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1 (C) in subparagraph (B), by inserting ‘‘re2 lating to the national security interests of the

3 United States’’ after ‘‘of this title’’;

4 (3) by redesignating paragraph (5) as para5 graph (7); and

6 (4) by inserting after paragraph (4) the follow7 ing new paragraphs:

8 ‘‘(5) Encourage applications for fellowships

9 under this title from graduate students having an

10 educational background in disciplines relating to

11 science or technology.

12 ‘‘(6) Provide the Secretary on an on-going basis

13 with a list of scholarship recipients and fellowship re14 cipients who are available to work for, or make their

15 language skills available to, an agency or office of the

16 Federal Government having national security respon17 sibilities.’’.

18 (f) REPORT ON PROGRAM.—(1) Not later than six

19 months after the date of the enactment of this Act, the Sec20 retary of Defense shall submit to Congress a report assessing

21 the improvements to the program established under the

22 David L. Boren National Security Education Act of 1991

23 (title VIII of Public Law 102–183; 50 U.S.C. 1901 et seq.)

24 that result from the amendments made by this section.
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1 (2) The report shall also include an assessment of the

2 contribution of the program, as so improved, in meeting

3 the national security objectives of the United States.

4 SEC. 8109. Any college or university that receives Fed5 eral funding under this Act must report annually to the

6 Office of Management and Budget on the average cost of

7 tuition at their school for that year and the previous two

8 years.

9 SEC. 8110. (a) The Secretary of Defense and the Sec10 retary of State shall jointly conduct an audit of security

11 measures at all United States military installations outside

12 the United States to determine the adequacy of such meas13 ures to prevent or limit the effects of terrorist attacks on

14 United States military personnel.

15 (b) Not later than March 31, 1997, the Secretary of

16 Defense and the Secretary of State shall jointly submit to

17 Congress a report on the results of the audit conducted

18 under subsection (a), including a description of the ade19 quacy of—

20 (1) physical and operational security measures;

21 (2) access and perimeter control;

22 (3) communications security;

23 (4) crisis planning in the event of a terrorist at24 tack, including evacuation and medical planning;
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1 (5) special security considerations at nonperma2 nent facilities;

3 (6) potential solutions to inadequate security,

4 where identified; and

5 (7) cooperative security measures with host na6 tions.

7 SEC. 8111. (a) FUTURE-YEARS DEFENSE PRO8 GRAMS.—Section 221 of title 10, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(d) The President shall submit to Congress each year,

11 at the same time the President submits to Congress the

12 budget for that year under section 1105(a) of title 31, the

13 future-years defense program (including associated an14 nexes) that the Chief of the National Guard Bureau and

15 the chiefs of the reserve components submitted to the Sec16 retary of Defense in that year in order to assist the Sec17 retary in preparing the future-years defense program in

18 that year under subsection (a).’’.

19 (b) EFFECTIVE DATE.—This section shall take effect

20 beginning with the President’s budget submission for fiscal

21 year 1999.

22 SEC. 8112. Beginning with fiscal year 1997, the Sec23 retary of Defense shall establish a program element for the

24 Office of the Secretary of Defense for the purpose of funding

25 emergency anti-terrorism activities. Funds available for
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1 that program element for fiscal year 1997 shall be in addi2 tion to funds appropriated under other provisions of this

3 Act for anti-terrorism and are available for the Secretary

4 of Defense to respond quickly to emergency anti-terrorism

5 requirements that are identified by commanders of the uni6 fied combatant commands or commanders of joint task

7 forces in response to a change in terrorist threat level.

8 SEC. 8113. Of the funds appropriated in title II of

9 this Act, not less than $7,100,000 is available to perform

10 the environmental impact statement and associated baseline

11 studies necessary to prepare an application for renewal of

12 use of the McGregor Range at Fort Bliss, Texas.

13 SEC. 8114. Of the total amount appropriated under

14 title II, $20,000,000 shall be available subject to authoriza15 tion, until expended, for payments to Vietnamese comman16 dos captured and incarcerated by North Vietnam after hav17 ing entered the Democratic Republic of Vietnam pursuant

18 to operations under a Vietnam era operation plan known

19 as ‘‘OPLAN 34A’’, or its predecessor, and to Vietnamese

20 operatives captured and incarcerated by North Vietnamese

21 forces while participating in operations in Laos or along

22 the Lao-Vietnamese border pursuant to ‘‘OPLAN 35’’, who

23 died in captivity or who remained in captivity after 1973,

24 and who have not received payment from the United States

25 for the period spent in captivity.
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1 SEC. 8115. In addition to amounts provided elsewhere

2 in this Act, $150,000,000 is appropriated for defense

3 against weapons of mass destruction, including domestic

4 preparedness, interdiction of weapons of mass destruction

5 and related materials, control and disposition of weapons

6 of mass destruction and related materials threatening the

7 United States, coordination of policy and countermeasures

8 against proliferation of weapons of mass destruction, and

9 miscellaneous related programs, projects, and activities as

10 authorized by law: Provided, That the total amount avail11 able under the heading ‘‘Research, Development, Test and

12 Evaluation, Defense-Wide’’ for the Joint Technology Inser13 tion program shall be $2,523,000: Provided further, That

14 the total amount appropriated under the heading ‘‘Re15 search, Development, Test and Evaluation, Defense-Wide’’

16 is hereby reduced by $12,000,000: Provided further, That

17 the total amount appropriated under the heading ‘‘Oper18 ation and Maintenance, Defense-Wide’’ is hereby reduced

19 by $138,000,000.

20 SEC. 8116. (a) Not more than 90 percent of the funds

21 appropriated or otherwise made available by this Act for

22 the procurement of F/A–18E/F aircraft may be obligated

23 or expended for the procurement of such aircraft until 30

24 days after the Secretary of Defense has submitted to the con-
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1 gressional defense committees a report on the F/A–18E/F

2 aircraft program which contains the following:

3 (1) A review of the F/A–18E/F aircraft program.

4 (2) An analysis and estimate of the production

5 costs of the program for the total number of aircraft

6 realistically expected to be procured at each of four

7 annual production rates as follows:

8 (A) 18 aircraft

9 (B) 24 aircraft.

10 (C) 36 aircraft.

11 (D) 48 aircraft.

12 (3) A comparison of the costs and benefits of the

13 F/A–18E/F program with the costs and benefits of the

14 F/A–18C/D aircraft program taking into account the

15 operational combat effectiveness of the aircraft.

16 (b) Not later than 30 days after the Secretary of De17 fense has submitted the report required by subsection (a),

18 the Comptroller General of the United States shall submit

19 to the congressional defense committees an analysis of the

20 report submitted by the Secretary.
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1 This Act may be cited as the ‘‘Department of Defense

2 Appropriations Act, 1997’’.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3610

AMENDMENT
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