IB

104TH CONGRESS

2D SESSION H. R. 3610

IN THE HOUSE OF REPRESENTATIVES

JULY 18, 1996

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the Department of Defense for

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

purposes.

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

3 Ω1æThat the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

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

7 other purposes, namely:

8 TITLE I

9 MILITARY PERSONNEL

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, subsistence,

12 interest on deposits, gratuities, permanent change of sta-
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1 tion travel (including all expenses thereof for organiza2 tional movements), and expenses of temporary duty travel

3 between permanent duty stations, for members of the

4 Army on active duty (except members of reserve compo5 nents provided for elsewhere), cadets, and aviation cadets;

6 and for payments pursuant to section 156 of Public Law

7 97–377, as amended (42 U.S.C. 402 note), to section

8 229(b) of the Social Security Act (42 U.S.C. 429(b)), and

9 to the Department of Defense Military Retirement Fund;

10 $20,692,838,000.

11 MILITARY PERSONNEL, NAVY

12 For pay, allowances, individual clothing, subsistence,

13 interest on deposits, gratuities, permanent change of sta14 tion travel (including all expenses thereof for organiza15 tional movements), and expenses of temporary duty travel

16 between permanent duty stations, for members of the

17 Navy on active duty (except members of the Reserve pro18 vided for elsewhere), midshipmen, and aviation cadets; and

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

20 377, as amended (42 U.S.C. 402 note), to section 229(b)

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

22 Department of Defense Military Retirement Fund;

23 $17,000,856,000.
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1 MILITARY PERSONNEL, MARINE CORPS

2 For pay, allowances, individual clothing, subsistence,

3 interest on deposits, gratuities, permanent change of sta4 tion travel (including all expenses thereof for organiza5 tional movements), and expenses of temporary duty travel

6 between permanent duty stations, for members of the Ma7 rine Corps on active duty (except members of the Reserve

8 provided for elsewhere); and for payments pursuant to sec9 tion 156 of Public Law 97–377, as amended (42 U.S.C.

10 402 note), to section 229(b) of the Social Security Act

11 (42 U.S.C. 429(b)), and to the Department of Defense

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

13 MILITARY PERSONNEL, AIR FORCE

14 For pay, allowances, individual clothing, subsistence,

15 interest on deposits, gratuities, permanent change of sta16 tion travel (including all expenses thereof for organiza17 tional movements), and expenses of temporary duty travel

18 between permanent duty stations, for members of the Air

19 Force on active duty (except members of reserve compo20 nents provided for elsewhere), cadets, and aviation cadets;

21 and for payments pursuant to section 156 of Public Law

22 97–377, as amended (42 U.S.C. 402 note), to section

23 229(b) of the Social Security Act (42 U.S.C. 429(b)), and

24 to the Department of Defense Military Retirement Fund;

25 $17,099,550,000.
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1 RESERVE PERSONNEL, ARMY

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

3 travel, and related expenses for personnel of the Army Re4 serve on active duty under sections 10211, 10302, and

5 3038 of title 10, United States Code, or while serving on

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

7 States Code, in connection with performing duty specified

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

9 while undergoing reserve training, or while performing

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

11 of the Reserve Officers’ Training Corps, and expenses au12 thorized by section 16131 of title 10, United States Code;

13 and for payments to the Department of Defense Military

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

15 RESERVE PERSONNEL, NAVY

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

17 travel, and related expenses for personnel of the Navy Re18 serve on active duty under section 10211 of title 10, Unit19 ed States Code, or while serving on active duty under sec20 tion 12301(d) of title 10, United States Code, in connec21 tion with performing duty specified in section 12310(a)

22 of title 10, United States Code, or while undergoing re23 serve training, or while performing drills or equivalent

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

25 Corps, and expenses authorized by section 16131 of title
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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund;

3 $1,392,406,000.

4 RESERVE PERSONNEL, MARINE CORPS

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

6 travel, and related expenses for personnel of the Marine

7 Corps Reserve on active duty under section 10211 of title

8 10, United States Code, or while serving on active duty

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

10 in connection with performing duty specified in section

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon

14 leaders class, and expenses authorized by section 16131

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

16 Department of Defense Military Retirement Fund;

17 $387,943,000.

18 RESERVE PERSONNEL, AIR FORCE

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

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

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

22 8038 of title 10, United States Code, or while serving on

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

24 States Code, in connection with performing duty specified

25 in section 12310(a) of title 10, United States Code, or
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1 while undergoing reserve training, or while performing

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

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

4 authorized by section 16131 of title 10, United States

5 Code; and for payments to the Department of Defense

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

7 NATIONAL GUARD PERSONNEL, ARMY

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

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under section 10211, 10302,

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

12 States Code, or while serving on duty under section

13 12301(d) of title 10 or section 502(f) of title 32, United

14 States Code, in connection with performing duty specified

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

16 while undergoing training, or while performing drills or

17 equivalent duty or other duty, and expenses authorized by

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement

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

21 NATIONAL GUARD PERSONNEL, AIR FORCE

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

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under section 10211, 10305, or

25 12402 of title 10 or section 708 of title 32, United States
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1 Code, or while serving on duty under section 12301(d) of

2 title 10 or section 502(f) of title 32, 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 training, or while performing drills or equivalent

6 duty or other duty, and expenses authorized by section

7 16131 of title 10, United States Code; and for payments

8 to the Department of Defense Military Retirement Fund;

9 $1,294,490,000.

10 TITLE II

11 OPERATION AND MAINTENANCE

12 OPERATION AND MAINTENANCE, ARMY

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses, not otherwise provided for, necessary

15 for the operation and maintenance of the Army, as author16 ized by law; and not to exceed $11,437,000 can be used

17 for emergencies and extraordinary expenses, to be ex18 pended on the approval or authority of the Secretary of

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

20 of necessity for confidential military purposes;

21 $18,365,679,000 and, in addition, $50,000,000 shall be

22 derived by transfer from the National Defense Stockpile

23 Transaction Fund: Provided, That of the funds appro24 priated in this paragraph, not less than $300,000,000

25 shall be made available only for conventional ammunition
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1 care and maintenance: Provided further, That of the funds

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

3 obligated or expended until authorized by law.

4 OPERATION AND MAINTENANCE, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses, not otherwise provided for, necessary

7 for the operation and maintenance of the Navy and the

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

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

12 made on his certificate of necessity for confidential mili13 tary purposes; $20,390,397,000 and, in addition,

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

16 That of the funds appropriated in this paragraph,

17 $39,933,000 shall not be obligated or expended until au18 thorized by law.

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance of the Marine Corps,

22 as authorized by law; $2,465,077,000.
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1 OPERATION AND MAINTENANCE, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary

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

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

6 used for emergencies and extraordinary expenses, to be ex7 pended on the approval or authority of the Secretary of

8 the Air Force, and payments may be made on his certifi9 cate of necessity for confidential military purposes;

10 $17,938,755,000 and, in addition, $50,000,000 shall be

11 derived by transfer from the National Defense Stockpile

12 Transaction Fund: Provided, That of the funds appro13 priated in this paragraph, $39,133,000 shall not be obli14 gated or expended until authorized by law.

15 OPERATION AND MAINTENANCE, DEFENSE-WIDE

16 For expenses, not otherwise provided for, necessary

17 for the operation and maintenance of activities and agen18 cies of the Department of Defense (other than the military

19 departments), as authorized by law; $10,212,985,000, of

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

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

22 $28,500,000 can be used for emergencies and extraor23 dinary expenses, to be expended on the approval or author24 ity of the Secretary of Defense, and payments may be
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1 made on his certificate of necessity for confidential mili2 tary purposes.

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For expenses, not otherwise provided for, necessary

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Army Reserve; re7 pair of facilities and equipment; hire of passenger motor

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications; $1,116,436,000.

11 OPERATION AND MAINTENANCE, NAVY RESERVE

12 For expenses, not otherwise provided for, necessary

13 for the operation and maintenance, including training, or14 ganization, and administration, of the Navy Reserve; re15 pair of facilities and equipment; hire of passenger motor

16 vehicles; travel and transportation; care of the dead; re17 cruiting; procurement of services, supplies, and equip18 ment; and communications; $882,927,000: Provided, That

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

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

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 RESERVE

23 For expenses, not otherwise provided for, necessary

24 for the operation and maintenance, including training, or25 ganization, and administration, of the Marine Corps Re-
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1 serve; repair of facilities and equipment; hire of passenger

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

3 recruiting; procurement of services, supplies, and equip4 ment; and communications; $108,467,000: Provided, That

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

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

7 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

8 For expenses, not otherwise provided for, necessary

9 for the operation and maintenance, including training, or10 ganization, and administration, of the Air Force Reserve;

11 repair of facilities and equipment; hire of passenger motor

12 vehicles; travel and transportation; care of the dead; re13 cruiting; procurement of services, supplies, and equip14 ment; and communications; $1,491,553,000.

15 OPERATION AND MAINTENANCE, ARMY NATIONAL

16 GUARD

17 For expenses of training, organizing, and administer18 ing the Army National Guard, including medical and hos19 pital treatment and related expenses in non-Federal hos20 pitals; maintenance, operation, and repairs to structures

21 and facilities; hire of passenger motor vehicles; personnel

22 services in the National Guard Bureau; travel expenses

23 (other than mileage), as authorized by law for Army per24 sonnel on active duty, for Army National Guard division,

25 regimental, and battalion commanders while inspecting
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1 units in compliance with National Guard Bureau regula2 tions when specifically authorized by the Chief, National

3 Guard Bureau; supplying and equipping the Army Na4 tional Guard as authorized by law; and expenses of repair,

5 modification, maintenance, and issue of supplies and

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

7 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

8 For operation and maintenance of the Air National

9 Guard, including medical and hospital treatment and re10 lated expenses in non-Federal hospitals; maintenance, op11 eration, repair, and other necessary expenses of facilities

12 for the training and administration of the Air National

13 Guard, including repair of facilities, maintenance, oper14 ation, and modification of aircraft; transportation of

15 things; hire of passenger motor vehicles; supplies, mate16 rials, and equipment, as authorized by law for the Air Na17 tional Guard; and expenses incident to the maintenance

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

19 such as may be furnished from stocks under the control

20 of agencies of the Department of Defense; travel expenses

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

22 law for Air National Guard personnel on active Federal

23 duty, for Air National Guard commanders while inspecting

24 units in compliance with National Guard Bureau regula-
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1 tions when specifically authorized by the Chief, National

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

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United

6 States Court of Appeals for the Armed Forces;

7 $6,797,000, of which not to exceed $2,500 can be used

8 for official representation purposes.

9 ENVIRONMENTAL RESTORATION, DEFENSE

10 (INCLUDING TRANSFER OF FUNDS)

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

12 remain available until transferred: Provided, That the Sec13 retary of Defense shall, upon determining that such funds

14 are required for environmental restoration, reduction and

15 recycling of hazardous waste, removal of unsafe buildings

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

17 purposes (including programs and operations at sites for18 merly used by the Department of Defense), transfer the

19 funds made available by this appropriation to other appro20 priations made available to the Department of Defense,

21 as the Secretary may designate, to be merged with and

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

23 time periods as the appropriations of funds to which trans24 ferred: Provided further, That upon a determination that

25 all or part of the funds transferred from this appropriation
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1 are not necessary for the purposes provided herein, such

2 amounts may be transferred back to this appropriation.

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For expenses relating to the Overseas Humanitarian,

5 Disaster, and Civic Aid programs of the Department of

6 Defense (consisting of the programs provided under sec7 tions 401, 402, 404, 2547, and 2551 of title 10, United

8 States Code); $60,544,000, to remain available until Sep9 tember 30, 1998.

10 FORMER SOVIET UNION THREAT REDUCTION

11 For assistance to the republics of the former Soviet

12 Union, including assistance provided by contract or by

13 grants, for facilitating the elimination and the safe and

14 secure transportation and storage of nuclear, chemical and

15 other weapons; for establishing programs to prevent the

16 proliferation of weapons, weapons components, and weap17 on-related technology and expertise; for programs relating

18 to the training and support of defense and military person19 nel for demilitarization and protection of weapons, weap20 ons components and weapons technology and expertise;

21 $302,900,000, to remain available for obligation until Sep22 tember 30, 1999.
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1 QUALITY OF LIFE ENHANCEMENTS, DEFENSE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, resulting

4 from unfunded shortfalls in medical programs and the re5 pair and maintenance of real property of the Department

6 of Defense (including military housing and barracks);

7 $975,000,000, of which—

8 (1) $475,000,000 shall be transferred to funds

9 made available under the heading ‘‘Defense Health

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

11 Operation and maintenance; and

12 (2) $500,000,000 shall be available for the

13 maintenance of real property of the Department of

14 Defense (including minor construction and major

15 maintenance and repair) and shall remain available

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

17 Army, $165,000,000;

18 Navy, $75,000,000;

19 Marine Corps, $40,000,000;

20 Air Force, $120,000,000;

21 Army Reserve, $20,000,000;

22 Navy Reserve, $20,000,000;

23 Marine Corps Reserve, $2,000,000;

24 Air Force Reserve, $16,000,000;

25 Army National Guard, $29,000,000; and
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1 Air National Guard, $13,000,000.

2 REDUCTION OF FUNDS

3 Amounts appropriated in other paragraphs of this

4 title are hereby reduced as follows:

5 From OPERATION AND MAINTENANCE, ARMY,

6 $12,950,000.

7 From OPERATION AND MAINTENANCE, NAVY,

8 $3,500,000.

9 From OPERATION AND MAINTENANCE, MARINE

10 CORPS, $1,750,000.

11 From OPERATION AND MAINTENANCE, AIR

12 FORCE, $7,700,000.

13 From OPERATION AND MAINTENANCE, DE14 FENSE-WIDE, $9,100,000.

15 TITLE III

16 PROCUREMENT

17 AIRCRAFT PROCUREMENT, ARMY

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

20 ordnance, ground handling equipment, spare parts, and

21 accessories therefor; specialized equipment and training

22 devices; expansion of public and private plants, including

23 the land necessary therefor, for the foregoing purposes,

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

25 and construction prosecuted thereon prior to approval of
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1 title; and procurement and installation of equipment, ap2 pliances, and machine tools in public and private plants;

3 reserve plant and Government and contractor-owned

4 equipment layaway; and other expenses necessary for the

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

6 for obligation until September 30, 1999.

7 MISSILE PROCUREMENT, ARMY

8 For construction, procurement, production, modifica9 tion, and modernization of missiles, equipment, including

10 ordnance, ground handling equipment, spare parts, and

11 accessories therefor; specialized equipment and training

12 devices; expansion of public and private plants, including

13 the land necessary therefor, for the foregoing purposes,

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

15 and construction prosecuted thereon prior to approval of

16 title; and procurement and installation of equipment, ap17 pliances, and machine tools in public and private plants;

18 reserve plant and Government and contractor-owned

19 equipment layaway; and other expenses necessary for the

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

21 obligation until September 30, 1999.

22 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

23 VEHICLES, ARMY

24 For construction, procurement, production, and

25 modification of weapons and tracked combat vehicles,
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1 equipment, including ordnance, spare parts, and acces2 sories therefor; specialized equipment and training devices;

3 expansion of public and private plants, including the land

4 necessary therefor, for the foregoing purposes, and such

5 lands and interests therein, may be acquired, and con6 struction prosecuted thereon prior to approval of title; and

7 procurement and installation of equipment, appliances,

8 and machine tools in public and private plants; reserve

9 plant and Government and contractor-owned equipment

10 layaway; and other expenses necessary for the foregoing

11 purposes; $1,500,414,000, to remain available for obliga12 tion until September 30, 1999: Provided, That of the

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

14 not be obligated or expended until authorized by law.

15 PROCUREMENT OF AMMUNITION, ARMY

16 For construction, procurement, production, and

17 modification of ammunition, and accessories therefor; spe18 cialized equipment and training devices; expansion of pub19 lic and private plants, including ammunition facilities au20 thorized by section 2854, title 10, United States Code, and

21 the land necessary therefor, for the foregoing purposes,

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

23 and construction prosecuted thereon prior to approval of

24 title; and procurement and installation of equipment, ap25 pliances, and machine tools in public and private plants;
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1 reserve plant and Government and contractor-owned

2 equipment layaway; and other expenses necessary for the

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

4 for obligation until September 30, 1999.

5 OTHER PROCUREMENT, ARMY

6 For construction, procurement, production, and

7 modification of vehicles, including tactical, support, and

8 nontracked combat vehicles; the purchase of not to exceed

9 14 passenger motor vehicles for replacement only; commu10 nications and electronic equipment; other support equip11 ment; spare parts, ordnance, and accessories therefor; spe12 cialized equipment and training devices; expansion of pub13 lic and private plants, including the land necessary there14 for, for the foregoing purposes, and such lands and inter15 ests therein, may be acquired, and construction prosecuted

16 thereon prior to approval of title; and procurement and

17 installation of equipment, appliances, and machine tools

18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway; and other

20 expenses necessary for the foregoing purposes;

21 $2,899,040,000, to remain available for obligation until

22 September 30, 1999: Provided, That of the funds appro23 priated in this paragraph, $86,800,000 shall not be obli24 gated or expended until authorized by law.
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1 AIRCRAFT PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of aircraft, equipment, including

4 ordnance, spare parts, and accessories therefor; specialized

5 equipment; expansion of public and private plants, includ6 ing the land necessary therefor, and such lands and inter7 ests therein, may be acquired, and construction prosecuted

8 thereon prior to approval of title; and procurement and

9 installation of equipment, appliances, and machine tools

10 in public and private plants; reserve plant and Govern11 ment and contractor-owned equipment layaway;

12 $6,896,552,000, to remain available for obligation until

13 September 30, 1999: Provided, That of the funds appro14 priated in this paragraph, $227,600,000 shall not be obli15 gated or expended until authorized by law.

16 WEAPONS PROCUREMENT, NAVY

17 For construction, procurement, production, modifica18 tion, and modernization of missiles, torpedoes, other weap19 ons, and related support equipment including spare parts,

20 and accessories therefor; expansion of public and private

21 plants, including the land necessary therefor, and such

22 lands and interests therein, may be acquired, and con23 struction prosecuted thereon prior to approval of title; and

24 procurement and installation of equipment, appliances,

25 and machine tools in public and private plants; reserve
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1 plant and Government and contractor-owned equipment

2 layaway; $1,384,408,000, to remain available for obliga3 tion until September 30, 1999: Provided, That in addition

4 to the foregoing purposes, the funds appropriated above

5 under this heading shall be available to liquidate reported

6 deficiencies in appropriations provided under this heading

7 in prior Department of Defense appropriations acts, to the

8 extent such deficiencies cannot otherwise be liquidated

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

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

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

12 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

13 CORPS

14 For construction, procurement, production, and

15 modification of ammunition, and accessories therefor; spe16 cialized equipment and training devices; expansion of pub17 lic and private plants, including ammunition facilities au18 thorized by section 2854, title 10, United States Code, and

19 the land necessary therefor, for the foregoing purposes,

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

21 and construction prosecuted thereon prior to approval of

22 title; and procurement and installation of equipment, ap23 pliances, and machine tools in public and private plants;

24 reserve plant and Government and contractor-owned

25 equipment layaway; and other expenses necessary for the
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1 foregoing purposes; $341,689,000, to remain available for

2 obligation until September 30, 1999.

3 SHIPBUILDING AND CONVERSION, NAVY

4 For expenses necessary for the construction, acquisi5 tion, or conversion of vessels as authorized by law, includ6 ing armor and armament thereof, plant equipment, appli7 ances, and machine tools and installation thereof in public

8 and private plants; reserve plant and Government and con9 tractor-owned equipment layaway; procurement of critical,

10 long leadtime components and designs for vessels to be

11 constructed or converted in the future; and expansion of

12 public and private plants, including land necessary there13 for, and such lands and interests therein, may be acquired,

14 and construction prosecuted thereon prior to approval of

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

16 until September 30, 2001: Provided, That additional obli17 gations may be incurred after September 30, 2001, for

18 engineering services, tests, evaluations, and other such

19 budgeted work that must be performed in the final stage

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

21 funds herein provided for the construction or conversion

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

23 United States shall be expended in foreign facilities for

24 the construction of major components of such vessel: Pro25 vided further, That none of the funds herein provided shall
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1 be used for the construction of any naval vessel in foreign

2 shipyards.

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of

5 support equipment and materials not otherwise provided

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

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

8 public and private plants, including the land necessary

9 therefor, and such lands and interests therein, may be ac10 quired, and construction prosecuted thereon prior to ap11 proval of title; and procurement and installation of equip12 ment, appliances, and machine tools in public and private

13 plants; reserve plant and Government and contractor14 owned equipment layaway; $2,889,591,000, to remain

15 available for obligation until September 30, 1999: Pro16 vided, That of the funds appropriated in this paragraph,

17 $18,096,000 shall not be obligated or expended until au18 thorized by law.

19 PROCUREMENT, MARINE CORPS

20 For expenses necessary for the procurement, manu21 facture, and modification of missiles, armament, military

22 equipment, spare parts, and accessories therefor; plant

23 equipment, appliances, and machine tools, and installation

24 thereof in public and private plants; reserve plant and

25 Government and contractor-owned equipment layaway; ve-
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1 hicles for the Marine Corps, including the purchase of not

2 to exceed 88 passenger motor vehicles for replacement

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

4 land necessary therefor, and such lands and interests

5 therein, may be acquired and construction prosecuted

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

7 available for obligation until September 30, 1999: Pro8 vided, That of the funds appropriated in this paragraph,

9 $77,225,000 shall not be obligated or expended until au10 thorized by law.

11 AIRCRAFT PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of

13 aircraft and equipment, including armor and armament,

14 specialized ground handling equipment, and training de15 vices, spare parts, and accessories therefor; specialized

16 equipment; expansion of public and private plants, Gov17 ernment-owned equipment and installation thereof in such

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

19 the foregoing purposes, and such lands and interests

20 therein, may be acquired, and construction prosecuted

21 thereon prior to approval of title; reserve plant and Gov22 ernment and contractor-owned equipment layaway; and

23 other expenses necessary for the foregoing purposes in24 cluding rents and transportation of things;

25 $7,274,628,000, to remain available for obligation until
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1 September 30, 1999: Provided, That of the funds appro2 priated in this paragraph, $2,700,000 shall not be obli3 gated or expended until authorized by law.

4 MISSILE PROCUREMENT, AIR FORCE

5 For construction, procurement, and modification of

6 missiles, spacecraft, rockets, and related equipment, in7 cluding spare parts and accessories therefor, ground han8 dling equipment, and training devices; expansion of public

9 and private plants, Government-owned equipment and in10 stallation thereof in such plants, erection of structures,

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

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

13 construction prosecuted thereon prior to approval of title;

14 reserve plant and Government and contractor-owned

15 equipment layaway; and other expenses necessary for the

16 foregoing purposes including rents and transportation of

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

18 until September 30, 1999.

19 PROCUREMENT OF AMMUNITION, AIR FORCE

20 For construction, procurement, production, and

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

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

2 and construction prosecuted thereon prior to approval of

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

5 reserve plant and Government and contractor-owned

6 equipment layaway; and other expenses necessary for the

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

8 obligation until September 30, 1999.

9 OTHER PROCUREMENT, AIR FORCE

10 For procurement and modification of equipment (in11 cluding ground guidance and electronic control equipment,

12 and ground electronic and communication equipment),

13 and supplies, materials, and spare parts therefor, not oth14 erwise provided for; the purchase of not to exceed 506 pas15 senger motor vehicles for replacement only; the purchase

16 of 1 vehicle required for physical security of personnel,

17 notwithstanding price limitations applicable to passenger

18 vehicles but not to exceed $287,000 per vehicle; and ex19 pansion of public and private plants, Government-owned

20 equipment and installation thereof in such plants, erection

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

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

23 acquired, and construction prosecuted thereon, prior to

24 approval of title; reserve plant and Government and con-
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1 tractor-owned equipment layaway; $6,078,539,000, to re2 main available for obligation until September 30, 1999.

3 PROCUREMENT, DEFENSE-WIDE

4 For expenses of activities and agencies of the Depart5 ment of Defense (other than the military departments)

6 necessary for procurement, production, and modification

7 of equipment, supplies, materials, and spare parts there8 for, not otherwise provided for; the purchase of not to ex9 ceed 389 passenger motor vehicles for replacement only;

10 the purchase of 2 vehicles required for physical security

11 of personnel, notwithstanding price limitations applicable

12 to passenger vehicles, but not to exceed $200,000 per vehi13 cle; expansion of public and private plants, equipment, and

14 installation thereof in such plants, erection of structures,

15 and acquisition of land for the foregoing purposes, and

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

17 construction prosecuted thereon prior to approval of title;

18 reserve plant and Government and contractor-owned

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

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

21 of the funds appropriated in this paragraph,

22 $357,600,000 shall not be obligated or expended until au23 thorized by law.
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1 NATIONAL GUARD AND RESERVE EQUIPMENT

2 For procurement of aircraft, missiles, tracked combat

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

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

7 and National Guard components shall, not later than 30

8 days after the enactment of this Act, individually submit

9 to the congressional defense committees the modernization

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

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

13 not be obligated or expended until authorized by law.

14 TITLE IV

15 RESEARCH, DEVELOPMENT, TEST, AND

16 EVALUATION

17 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

18 ARMY

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

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

24 September 30, 1998: Provided, That of the funds appro-
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1 priated in this paragraph, $194,558,000 shall not be obli2 gated or expended until authorized by law.

3 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

4 NAVY

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

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

10 September 30, 1998: Provided, That funds appropriated

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

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

16 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

17 AIR FORCE

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

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

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

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

25 development of reusable launch vehicle technologies: Pro-
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1 vided further, That of the funds appropriated in this para2 graph, $1,598,486,000 shall not be obligated or expended

3 until authorized by law.

4 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

5 DEFENSE-WIDE

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

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

10 as may be designated and determined by the Secretary

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

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

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

17 Area Defense (Navy Upper-Tier) program.

18 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

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

21 the direction and supervision of developmental test and

22 evaluation, including performance and joint developmental

23 testing and evaluation; and administrative expenses in

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

25 for obligation until September 30, 1998: Provided, That
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1 of the funds appropriated in this paragraph, $20,000,000

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

3 OPERATIONAL TEST AND EVALUATION, DEFENSE

4 For expenses, not otherwise provided for, necessary

5 for the independent activities of the Director, Operational

6 Test and Evaluation in the direction and supervision of

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

9 and in support of, production decisions; joint operational

10 testing and evaluation; and administrative expenses in

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

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

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

14 not be obligated or expended until authorized by law.

15 TITLE V

16 REVOLVING AND MANAGEMENT FUNDS

17 DEFENSE BUSINESS OPERATIONS FUND

18 For the Defense Business Operations Fund;

19 $947,900,000.

20 NATIONAL DEFENSE SEALIFT FUND

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

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

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

25 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744);
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1 $1,904,002,000, to remain available until expended: Pro2 vided, That none of the funds provided in this paragraph

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

4 the acquisition of any of the following major components

5 unless such components are manufactured in the United

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

9 and spreaders for shipboard cranes: Provided further, That

10 the exercise of an option in a contract awarded through

11 the obligation of previously appropriated funds shall not

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

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

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

20 must be made in order to acquire capability for national

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

23 obligated or expended until authorized by law.
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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,

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

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

8 of which not to exceed three percent shall remain available

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

10 remain available for obligation until September 30, 1999,

11 shall be for Procurement: Provided, That notwithstanding

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

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

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

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

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

17 antibacterial treatment method based upon the excretion

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

20 a treatment protocol and related studies for Desert Storm

21 Syndrome affected veterans.

22 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

23 DEFENSE

24 For expenses, not otherwise provided for, necessary

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

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

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

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

9 for Research, development, test and evaluation to remain

10 available until September 30, 1998.

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

12 DEFENSE

13 (INCLUDING TRANSFER OF FUNDS)

14 For drug interdiction and counter-drug activities of

15 the Department of Defense, for transfer to appropriations

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

21 Provided, That the funds appropriated by this paragraph

22 shall be available for obligation for the same time period

23 and for the same purpose as the appropriation to which

24 transferred: Provided further, That the transfer authority

25 provided in this paragraph is in addition to any transfer
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1 authority contained elsewhere in this Act: Provided fur2 ther, That of the funds appropriated in this paragraph,

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

5 OFFICE OF THE INSPECTOR GENERAL

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

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

11 emergencies and extraordinary expenses to be expended on

12 the approval or authority of the Inspector General, and

13 payments may be made on his certificate of necessity for

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

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

16 Procurement.

17 TITLE VII

18 RELATED AGENCIES

19 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

20 DISABILITY SYSTEM FUND

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

23 funding level for continuing the operation of the Central

24 Intelligence Agency Retirement and Disability System;

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

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

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

6 FUND

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

11 TITLE VIII

12 GENERAL PROVISIONS

13 SEC. 8001. No part of any appropriation contained

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

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

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

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

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

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

23 of the percentage increase authorized by law for civilian

24 employees of the Department of Defense whose pay is

25 computed under the provisions of section 5332 of title 5,
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1 United States Code, or at a rate in excess of the percent2 age increase provided by the appropriate host nation to

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

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

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

9 not apply to foreign national employees of the Department

10 of Defense in the Republic of Turkey.

11 SEC. 8003. No part of any appropriation contained

12 in this Act shall remain available for obligation beyond

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

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

16 during the current fiscal year shall be obligated during

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

18 section shall not apply to obligations for support of active

19 duty training of reserve components or summer camp

20 training of the Reserve Officers’ Training Corps.

21 (TRANSFER OF FUNDS)

22 SEC. 8005. Upon determination by the Secretary of

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

2 or funds made available in this Act to the Department

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

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

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

7 the appropriation or fund to which transferred: Provided,

8 That such authority to transfer may not be used unless

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

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

13 That the Secretary of Defense shall notify the Congress

14 promptly of all transfers made pursuant to this authority

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

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

20 those for which originally appropriated and in no case

21 where the item for which reprogramming is requested has

22 been denied by the Congress.

23 (TRANSFER OF FUNDS)

24 SEC. 8006. During the current fiscal year, cash bal25 ances in working capital funds of the Department of De-
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1 fense established pursuant to section 2208 of title 10,

2 United States Code, may be maintained in only such

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

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

7 Maintenance’’ appropriation accounts in such amounts as

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

9 approval of the Office of Management and Budget, except

10 that such transfers may not be made unless the Secretary

11 of Defense has notified the Congress of the proposed

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

14 may be made against a working capital fund to procure

15 or increase the value of war reserve material inventory,

16 unless the Secretary of Defense has notified the Congress

17 prior to any such obligation.

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

19 be used to initiate a special access program without prior

20 notification 30 calendar days in session in advance to the

21 congressional defense committees.

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

23 available for the Civilian Health and Medical Program of

24 the Uniformed Services shall be available for payments to

25 physicians and other non-institutional health care provid-
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1 ers in excess of the amounts allowed in fiscal year 1996

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

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

5 may be increased in accordance with appropriate economic

6 index data similar to that used pursuant to title XVIII

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

10 allowable amounts shall be reduced by not more than 15

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

12 Secretary determines that it would impair adequate access

13 to health care services for beneficiaries). The Secretary

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

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

19 the allowable amount.

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

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

22 employs economic order quantity procurement in excess of

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

25 $20,000,000, or (2) a contract for advance procurement
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1 leading to a multiyear contract that employs economic

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

3 any one year, unless the congressional defense committees

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

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

6 appropriation contained in this Act shall be available to

7 initiate a multiyear contract for which the economic order

8 quantity advance procurement is not funded at least to

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

10 That no part of any appropriation contained in this Act

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

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

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

19 present value analysis to determine lowest cost compared

20 to an annual procurement.

21 Funds appropriated in title III of this Act may be

22 used for multiyear procurement contracts as follows:

23 Javelin missiles;

24 Army Tactical Missile System (ATACMS);

25 MK19–3 grenade machine guns;
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1 M16A2 rifles;

2 M249 Squad Automatic Weapons;

3 M4 carbine rifles; and

4 M240B machine guns.

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

7 hereby appropriated pursuant to section 401 of title 10,

8 United States Code, for humanitarian and civic assistance

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

10 Such funds may also be obligated for humanitarian and

11 civic assistance costs incidental to authorized operations

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

15 each year: Provided, That funds available for operation

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

18 in the Trust Territories of the Pacific Islands and freely

19 associated states of Micronesia, pursuant to the Compact

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

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

25 may authorize the provision of medical services at such
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1 facilities and transportation to such facilities, on a non2 reimbursable basis, for civilian patients from American

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

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

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

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

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

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

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

15 and other documentation supporting the fiscal year 1998

16 Department of Defense budget request shall be prepared

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

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

19 year 1998.

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

21 to military (civilian) technicians.

22 SEC. 8012. Notwithstanding any other provision of

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

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

25 the fifty United States, its territories, and the District of
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1 Columbia, 125,000 civilian workyears: Provided, That

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

6 limitation.

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

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

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

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

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

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

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

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

20 active duty of less than three years; or

21 (2) receives an enlistment bonus under section

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

23 nor shall any amounts representing the normal cost of

24 such future benefits be transferred from the Fund by the

25 Secretary of the Treasury to the Secretary of Veterans
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1 Affairs pursuant to section 2006(d) of title 10, United

2 States Code; nor shall the Secretary of Veterans Affairs

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

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

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

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

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

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

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

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

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

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

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

20 toward completion of a service commitment: Provided,

21 That this subsection shall not apply to those members who

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

23 Provided further, That this subsection applies only to ac24 tive components of the Army.
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1 SEC. 8015. None of the funds appropriated by this

2 Act shall be available to convert to contractor performance

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

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

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

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

9 Appropriations of the House of Representatives and the

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

11 commercial or industrial type function of the Department

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

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

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

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

19 planned to be converted to performance by a qualified firm

20 under 51 percent Native American ownership.

21 (TRANSFER OF FUNDS)

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

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

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

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

5 authority of this provision or any other transfer authority

6 contained in this Act.

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

8 available for the purchase by the Department of Defense

9 (and its departments and agencies) of welded shipboard

10 anchor and mooring chain 4 inches in diameter and under

11 unless the anchor and mooring chain are manufactured

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

14 for the purpose of this section manufactured will include

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

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

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

19 chain shall be considered to be produced or manufactured

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

23 manufactured outside the United States: Provided further,

24 That when adequate domestic supplies are not available

25 to meet Department of Defense requirements on a timely
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1 basis, the Secretary of the service responsible for the pro2 curement may waive this restriction on a case-by-case

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

5 to acquire capability for national security purposes.

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

7 Act available for the Civilian Health and Medical Program

8 of the Uniformed Services (CHAMPUS) shall be available

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

12 care or residential treatment care by a medical or health

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

15 limitation does not apply in the case of inpatient mental

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

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

19 provided pursuant to a waiver authorized by the Secretary

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

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

23 pursuant to rules prescribed by the Secretary, which takes

24 into account the appropriate level of care for the patient,
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1 the intensity of services required by the patient, and the

2 availability of that care.

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

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

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

6 the Vietnam era to an annual meeting in the United

7 States, under such regulations as the Secretary of Defense

8 may prescribe.

9 SEC. 8020. Notwithstanding any other provision of

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

12 nation governments in NATO member states a separate

13 account into which such residual value amounts negotiated

14 in the return of United States military installations in

15 NATO member states may be deposited, in the currency

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

17 the United States Treasury: Provided, That such credits

18 may be utilized only for the construction of facilities to

19 support United States military forces in that host nation,

20 or such real property maintenance and base operating

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

24 1998 shall identify such sums anticipated in residual value

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

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

3 That all military construction projects to be executed from

4 such accounts must be previously approved in a prior Act

5 of Congress: Provided further, That each such Executive

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

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

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

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

17 SEC. 8022. Notwithstanding any other provision of

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

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

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

21 Code, in a lump sum.

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

23 Act shall be available for payments under the Department

24 of Defense contract with the Louisiana State University

25 Medical Center involving the use of cats for Brain Missile
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1 Wound Research, and the Department of Defense shall

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

4 as necessary for costs incurred by the contractor prior to

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

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

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

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

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

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

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

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

18 other research organization.

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

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

22 function of the Department of Defense into or within the

23 National Capital Region: Provided, That the Secretary of

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

25 by certifying in writing to the Committees on Appropria-
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1 tions of the House of Representatives and Senate that

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

3 Government.

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

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

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

9 an individual employed by the government of the District

10 of Columbia, permanent or temporary indefinite, who—

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

12 Armed Forces, as described in section 261 of title

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

14 101 of title 32;

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

17 to civil authorities in the protection or saving of life

18 or property or prevention of injury—

19 (A) Federal service under section 331,

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

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

23 the District of Columbia, the Commonwealth of

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

25 and
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1 (3) requests and is granted—

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

4 (B) annual leave, which may be granted

5 without regard to the provisions of sections

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

7 is otherwise entitled to such annual leave:

8 Provided, That any employee who requests leave under

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

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

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

13 under section 6323(b) of title 5.

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

15 Act shall be available to perform any cost study pursuant

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

17 performed exceeds a period of twenty-four months after

18 initiation of such study with respect to a single function

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

20 for a multi-function activity.

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

22 American Forces Information Service shall not be used for

23 any national or international political or psychological ac24 tivities.
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1 SEC. 8029. Notwithstanding any other provision of

2 law or regulation, the Secretary of Defense may adjust

3 wage rates for civilian employees hired for certain health

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

6 Code.

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

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

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

11 the WC–130 Weather Reconnaissance mission below the

12 levels funded in this Act.

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

14 supplies or services appropriated by this Act, qualified

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

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

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

21 which has negotiated with a military service or defense

22 agency a subcontracting plan for the participation by

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

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

25 credit toward meeting that subcontracting goal for any
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1 purchases made from qualified nonprofit agencies for the

2 blind or other severely handicapped.

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

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

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

9 U.S.C. 46–48).

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

13 be made available to the local facility of the uniformed

14 services responsible for the collections and shall be over

15 and above the facility’s direct budget amount.

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

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

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

23 shall be credited to the appropriation or fund which in24 curred such obligations.
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1 SEC. 8034. Of the funds made available in this Act,

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

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

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

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

9 entity administered by an organization managing another

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

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

14 a Board of Directors, Trustees, Overseers, Advisory

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

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

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

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

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

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

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

24 Joint Travel Regulations, when engaged in the perform25 ance of membership duties.
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1 (c) Notwithstanding any other provision of law, none

2 of the funds available to the Department of Defense from

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

6 buildings, for payment of cost sharing for projects funded

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

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

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

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

13 Defense which were not melted and rolled in the United

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

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

17 or American Iron and Steel Institute (AISI) specifications

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

19 That the Secretary of the military department responsible

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

22 on Appropriations of the House of Representatives and the

23 Senate that adequate domestic supplies are not available

24 to meet Department of Defense requirements on a timely

25 basis and that such an acquisition must be made in order
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1 to acquire capability for national security purposes: Pro2 vided further, That these restrictions shall not apply to

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

4 of this Act.

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

6 ‘‘congressional defense committees’’ means the National

7 Security Committee of the House of Representatives, the

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

10 Senate, and the subcommittee on National Security of the

11 Committee on Appropriations of the House of Representa12 tives.

13 SEC. 8038. Notwithstanding any other provision of

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

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

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

19 depot maintenance activities and private firms: Provided,

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

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

2 to competitions conducted under this section.

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

4 consultation with the United States Trade Representative,

5 determines that a foreign country which is party to an

6 agreement described in paragraph (2) has violated the

7 terms of the agreement by discriminating against certain

8 types of products produced in the United States that are

9 covered by the agreement, the Secretary of Defense shall

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

12 in that foreign country.

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

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

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

18 in that country.

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

21 purchases from foreign entities in fiscal year 1997. Such

22 report shall separately indicate the dollar value of items

23 for which the Buy American Act was waived pursuant to

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

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

2 party.

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

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

5 making appropriations for the Treasury and Post Office

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

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

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

9 SEC. 8040. Appropriations contained in this Act that

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

11 a result of energy cost savings realized by the Department

12 of Defense shall remain available for obligation for the

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

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

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

20 (INCLUDING TRANSFER OF FUNDS)

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

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

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

25 until transferred by the Secretary of Defense to current
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1 applicable appropriations or funds of the Department of

2 Defense under the terms and conditions specified by 40

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

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

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

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

9 to reimburse a member of a reserve component of the

10 Armed Forces who is not otherwise entitled to travel and

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

13 or inactive duty training: Provided, That such members

14 may be provided lodging in kind if transient government

15 quarters are unavailable as if the member was entitled to

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

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

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

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

22 SEC. 8044. The President shall include with each

23 budget for a fiscal year submitted to the Congress under

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

25 that shall identify clearly and separately the amounts re-
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1 quested in the budget for appropriation for that fiscal year

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

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

6 contained in the Department of Defense Overseas Military

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

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

10 be available until expended for the payments specified by

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

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

14 section 4416 of the National Defense Authorization Act

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

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

17 are available for the pay of reserve component personnel.

18 SEC. 8047. Of the funds appropriated or otherwise

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

20 shall be available for payment of the operating costs of

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

23 support provided to NATO forces in and around the

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

3 for operation and maintenance may be used to purchase

4 items having an investment item unit cost of not more

5 than $100,000.

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

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

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

11 note) under the terms and conditions provided in section

12 4403.

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

14 of the appropriations or funds available to the Defense

15 Business Operations Fund shall be used for the purchase

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

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

19 of the Defense Business Operations Fund if such an item

20 would not have been chargeable to the Defense Business

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

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

3 and other documentation supporting the fiscal year 1998

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

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

8 budgeted for in a proposed fiscal year 1998 procurement

9 appropriation and not in the supply management business

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

11 Operations Fund.

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

13 shall be available for use by a Military Department to

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

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

18 shall not apply to safety modifications: Provided further,

19 That this prohibition may be waived by the Secretary of

20 a Military Department if the Secretary determines it is

21 in the best national security interest of the United States

22 to provide such waiver and so notifies the congressional

23 defense committees in writing.

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

25 Act for programs of the Central Intelligence Agency shall
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1 remain available for obligation beyond the current fiscal

2 year, except for funds appropriated for the Reserve for

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

5 SEC. 8053. Notwithstanding any other provision of

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

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

12 SEC. 8054. (a) HIGH PERFORMANCE COMPUTING

13 MODERNIZATION PROGRAM.—Of the funds appropriated

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

16 Performance Computing Modernization Program (referred

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

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

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

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

2 computer hardware and ancillary equipment for the high

3 performance computing facilities of the Department of De4 fense.

5 (c) ANNUAL PUBLICATION OF PROGRAM PLANS.—

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

8 unclassified program plan and program implementation

9 plan.

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

12 may be necessary to minimize delays in the acquisition of

13 computer hardware under the program.

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

16 and Electronics during the current fiscal year pursuant

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

21 operation and maintenance of the Center as provided for

22 in subsection 1459(g)(2).

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

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

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

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

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

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

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

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

9 Treasury and Post Office Departments for the fiscal year

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

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

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

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

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

16 in America, the Secretary shall determine, in accordance

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

19 the Department of Defense.

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

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

24 only American-made equipment and products, provided

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

2 fashion.

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

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

5 or consulting services entered into without competition on

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

7 activity responsible for the procurement determines—

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

9 only one source is found fully qualified to perform

10 the proposed work, or

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

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

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

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

21 Provided, That this limitation shall not apply to contracts

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

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

25 Department of Defense, who has been confirmed by the
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1 Senate, determines that the award of such contract is in

2 the interest of the national defense.

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

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

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

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

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

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

13 a Titan IV requirement beyond 47 vehicles.

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

16 may only be obligated for development of a new family

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

18 evolved from existing technologies.

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

21 additional field operating agencies of any element of the

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

25 may waive this section by certifying to the House and Sen-
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1 ate Committees on Appropriations that the creation of

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

4 Defense.

5 SEC. 8062. Notwithstanding any other provision of

6 law, for resident classes entering the war colleges after

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

9 States military students at each war college shall be from

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

12 recognize the attendance at a sister military department

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

14 college for promotion and advancement of personnel.

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

16 may be obligated for payment on new contracts on which

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

19 $250,000 per year.

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

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

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

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

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

6 of North Korea unless specifically appropriated for that

7 purpose.

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

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

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

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

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

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

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

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

22 be available for reimbursement of pay, allowances and

23 other expenses which would otherwise be incurred against

24 appropriations for the National Guard and Reserve when

25 members of the National Guard and Reserve provide intel-
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1 ligence support to Unified Commands, Defense Agencies

2 and Joint Intelligence Activities, including the activities

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

6 deviation from established Reserve and National Guard

7 personnel and training procedures.

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

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

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

12 30, 1996 level.

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

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

16 credited to current year appropriations.

17 (INCLUDING TRANSFER OF FUNDS)

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

19 Act may be transferred to or obligated from the Pentagon

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

23 for the renovation of the Pentagon Reservation will not

24 exceed $1,218,000,000.

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

26 Department of Defense for any fiscal year for drug inter-
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1 diction or counter-drug activities may be transferred to

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

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

6 and counter-drug activities may be transferred to any

7 other department or agency of the United States except

8 as specifically provided in an appropriations law.

9 (TRANSFER OF FUNDS)

10 SEC. 8072. Appropriations available in this Act under

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

12 for increasing energy and water efficiency in Federal

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

15 of Defense for projects related to increasing energy and

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

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

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

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

21 bearings other than those produced by a domestic source

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

23 the military department responsible for such procurement

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

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

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

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

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

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

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

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

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

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

17 vessel was constructed after October 1, 1995 unless the

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

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

22 That this limitation shall not apply to contracts in force

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

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

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

3 the Military Sealift Command shall plan to achieve the

4 goal of eliminating single hull ship leases by the year

5 2015.

6 SEC. 8076. Notwithstanding any other provision in

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

10 Business Operations Fund, to be distributed as follows:

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

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

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

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

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

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

17 expended to transport Army personnel into Edwards Air

18 Force Base for training rotations at the National Training

19 Center.

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

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

24 on Foreign Relations of the Senate setting forth all costs

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

2 or supporting resolutions of the United Nations Security

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

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

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

11 United Nations expenditures and all efforts made to seek

12 compensation from the United Nations for costs incurred

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

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

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

18 Department of Defense for the current fiscal year may be

19 obligated or expended to transfer to another nation or an

20 international organization any defense articles or services

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

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

2 in advance of such transfer.

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

4 to—

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

7 VI or chapter VII of the United Nations Charter

8 under the authority of a United Nations Security

9 Council resolution; and

10 (B) any other international peacekeeping,

11 peace-enforcement, or humanitarian assistance oper12 ation.

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

14 (a) shall include the following:

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

16 services to be transferred.

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

18 supplies, or services to be transferred.

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

21 (A) a statement of whether the inventory

22 requirements of all elements of the Armed

23 Forces (including the reserve components) for

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

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

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

7 make a financial contribution to the United Nations for

8 the cost of an United Nations peacekeeping activity

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

11 the United Nations.

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

14 expended to pay a contractor under a contract with the

15 Department of Defense for costs of any amount paid by

16 the contractor to an employee when—

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

18 excess of the normal salary paid by the contractor

19 to the employee; and

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

22 SEC. 8082. The amount otherwise provided by this

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

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

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

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

5 may be obligated or expended to finance housing for any

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

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

8 of the military forces of the Russian Federation.

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

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

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

14 without reimbursement, in connection with the Secret

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

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

18 President at the White House Security Complex in the

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

20 Maryland. For these purposes, the White House Security

21 Complex includes the White House, the White House

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

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

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

2 the President from funds appropriated for the Department

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

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

6 related elements (as defined in regulations of that agency

7 and specified by the President with respect to particular

8 individuals within those related elements).

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

10 31, United States Code, any subdivision of appropriations

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

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

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

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

16 amount of the appropriation.

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

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

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

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

22 available for expenditure and for adjusting obligations for

23 such program until September 30, 2002.

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

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

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

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

6 to any current appropriation account for the same purpose

7 as the expired or closed account if—

8 (1) the obligation would have been properly

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

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

12 (2) the obligation is not otherwise properly

13 chargeable to any current appropriation account of

14 the Department of Defense; and

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

17 of the Department of Defense under the provisions

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

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

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

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

5 of the total appropriation for that account.

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

7 Security Guard Program shall be administered under the

8 terms and conditions of the March 29, 1994 Memorandum

9 of Understanding between the Department of Defense and

10 the Department of State concerning such program and the

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

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

15 SEC. 8089. Notwithstanding any other provision in

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

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

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

23 SEC. 8090. Notwithstanding any other provision of

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

2 Countermeasure Dispenser System.

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

5 102–396)—

6 (1) synthetic fabric and coated synthetic fabric

7 shall be deemed to include synthetic fiber and yarn

8 and their products; and

9 (2) such section shall (notwithstanding section

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

13 specialty metals, or tools covered by that section

14 9005.

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

16 FUTURE DEEP-STRIKE CAPABILITIES.—

17 (1) The Secretary of Defense shall carry out

18 the deep-strike tradeoff study announced by the

19 President to study tradeoffs between bombers, land

20 and sea-based tactical aircraft, and missiles capable

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

22 (2) The Secretary of Defense shall establish an

23 ad hoc review committee under the auspices of the

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

2 review assumptions regarding the analyses to be con3 ducted.

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

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

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

13 Board.

14 (4) After submitting its recommendations for

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

16 Secretary of Defense, the ad hoc review committee

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

21 SEC. 8093. TACTICAL AIRCRAFT REQUIREMENT

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

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

24 under the direct supervision of the Joint Requirements

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

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

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

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

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

10 WORK PERFORMED IN THE UNITED STATES.—None of

11 the funds available to the Department of Defense under

12 this Act may be obligated or expended to evaluate sealed

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

15 known to the Federal official having authority to obligate

16 or expend such funds that—

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

18 of work under the contract that the bidder or offeror

19 plans to perform in the United States; and

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

22 (b) BREACH OF CONTRACT FOR TRANSFERRING

23 WORK OUTSIDE THE UNITED STATES.—None of the

24 funds available to the Department of Defense under this

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

3 each contract for the procurement of property or services

4 includes a clause providing that the contractor is deemed

5 to have breached the contract if the contractor performs

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

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

8 it planned to perform in the United States.

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

10 None of the funds available to the Department of Defense

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

12 covered contract when it is made known to the Federal

13 official having authority to obligate or expend such funds

14 that the amount of work performed outside the United

15 States under the covered contract exceeded the maximum

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

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

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

22 is a contract for the procurement of property or services

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

2 apply with respect to funds available to the Department

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

4 Federal official having authority to obligate or expend

5 such funds that an emergency situation or the national

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

8 (e) EXCEPTION FOR CONTRACTS BELOW SIMPLIFIED

9 ACQUISITION THRESHOLD.—This section does not apply

10 to contracts for amounts not greater than the simplified

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

12 title 10, United States Code).

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

14 respect to contracts entered into more than 60 days after

15 the date of the enactment of this Act.

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

18 expended to pay a contractor under a contract with the

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

22 costs are restructuring costs associated with a business

23 combination that were incurred on or after August 15,

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

3 expended to procure landing gear for aircraft except when

4 it is made known to the Federal official having authority

5 to obligate or expend such funds that—

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

7 national technology and industrial base;

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

10 (3) the contract through which the procurement

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

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

13 contracts existing on the date of enactment of this

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

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

18 certifies to the Appropriations Committees of the

19 House and Senate that purchasing landing gear

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

22 the aircraft production program.

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

24 otherwise made available by this Act for the Department

25 of Defense specimen repository described in subsection (b)
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1 may be used for any purpose except in accordance with

2 the requirement in paragraph numbered 3 of the covered

3 Department of Defense policy memorandum that specifi4 cally provides that permissible uses of specimen samples

5 in the repository are limited to the following purposes:

6 (1) Identification of human remains.

7 (2) Internal quality assurance activities to vali8 date processes for collection, maintenance and analy9 sis of samples.

10 (3) A purpose for which the donor of the sam11 ple (or surviving next-of-kin) provides consent.

12 (4) As compelled by other applicable law in a

13 case in which all of the following conditions are

14 present:

15 (A) The responsible Department of De16 fense official has received a proper judicial

17 order or judicial authorization.

18 (B) The specimen sample is needed for the

19 investigation or prosecution of a crime punish20 able by one year or more of confinement.

21 (C) No reasonable alternative means for

22 obtaining a specimen for DNA profile analysis

23 is available.

24 (b) The specimen repository referred to in subsection

25 (a) is the repository that was established pursuant to Dep-
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1 uty Secretary of Defense Memorandum 47803, dated De2 cember 16, 1991, and designated as the ‘‘Armed Forces

3 Repository of Specimen Samples for the Identification of

4 Remains’’ by paragraph numbered 4 in the covered De5 partment of Defense policy memorandum.

6 (c) For purposes of this section, the covered Depart7 ment of Defense policy memorandum is the memorandum

8 of the Assistant Secretary of Defense (Health Affairs) for

9 the Secretary of the Army, dated April 2, 1996, issued

10 pursuant to law which states as its subject ‘‘Policy Refine11 ments for the Armed Forces Repository of Specimen Sam12 ples for the Identification of Remains’’.

13 SEC. 8098. Hereafter, the Air National Guard may

14 assume responsibility for providing firefighting and rescue

15 services in response to all aircraft-related emergencies at

16 the Lincoln Municipal Airport in Lincoln, Nebraska.

17 SEC. 8099. None of the funds made available to the

18 Department of Defense under this Act may be obligated

19 or expended to enter into or renew a contract with an en20 tity when it is made known to the Federal official having

21 authority to obligate or expend such funds that—

22 (1) such entity is otherwise a contractor with

23 the United States and is subject to the requirement

24 in section 4212(d) of title 38, United States Code,

25 regarding submission of an annual report to the Sec-
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1 retary of Labor concerning employment of certain

2 veterans; and

3 (2) such entity has not submitted a report as

4 required by that section for the most recent year for

5 which such requirement was applicable to such en6 tity.

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

8 Appropriations Act, 1997’’.

9 That the following sums are appropriated, out of any

10 money in the Treasury not otherwise appropriated, for the

11 fiscal year ending September 30, 1997, for military func12 tions administered by the Department of Defense, and for

13 other purposes, namely:

14 TITLE I

15 MILITARY PERSONNEL

16 MILITARY PERSONNEL, ARMY

17 For pay, allowances, individual clothing, subsistence,

18 interest on deposits, gratuities, permanent change of station

19 travel (including all expenses thereof for organizational

20 movements), and expenses of temporary duty travel between

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

22 duty (except members of reserve components provided for

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

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

25 (42 U.S.C. 402 note), to section 229(b) of the Social Secu-
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1 rity Act (42 U.S.C. 429(b)), and to the Department of De2 fense Military Retirement Fund; $20,559,042,000.

3 MILITARY PERSONNEL, NAVY

4 For pay, allowances, individual clothing, subsistence,

5 interest on deposits, gratuities, permanent change of station

6 travel (including all expenses thereof for organizational

7 movements), and expenses of temporary duty travel between

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

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

10 midshipmen, and aviation cadets; and for payments pursu11 ant to section 156 of Public Law 97–377, as amended (42

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

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

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

15 MILITARY PERSONNEL, MARINE CORPS

16 For pay, allowances, individual clothing, subsistence,

17 interest on deposits, gratuities, permanent change of station

18 travel (including all expenses thereof for organizational

19 movements), and expenses of temporary duty travel between

20 permanent duty stations, for members of the Marine Corps

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

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

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

24 section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
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1 and to the Department of Defense Military Retirement

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

3 MILITARY PERSONNEL, AIR FORCE

4 For pay, allowances, individual clothing, subsistence,

5 interest on deposits, gratuities, permanent change of station

6 travel (including all expenses thereof for organizational

7 movements), and expenses of temporary duty travel between

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

9 active duty (except members of reserve components provided

10 for elsewhere), cadets, and aviation cadets; and for pay11 ments pursuant to section 156 of Public Law 97–377, as

12 amended (42 U.S.C. 402 note), to section 229(b) of the So13 cial Security Act (42 U.S.C. 429(b)), and to the Depart14 ment of Defense Military Retirement Fund;

15 $17,021,810,000.

16 RESERVE PERSONNEL, ARMY

17 For pay, allowances, clothing, subsistence, gratuities,

18 travel, and related expenses for personnel of the Army Re19 serve on active duty under sections 10211, 10302, and 3038

20 of title 10, United States Code, or while serving on active

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

22 in connection with performing duty specified in section

23 12310(a) of title 10, United States Code, or while under24 going reserve training, or while performing drills or equiva25 lent duty or other duty, and for members of the Reserve
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1 Officers’ Training Corps, and expenses authorized by sec2 tion 16131 of title 10, United States Code; and for pay3 ments to the Department of Defense Military Retirement

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

5 RESERVE PERSONNEL, NAVY

6 For pay, allowances, clothing, subsistence, gratuities,

7 travel, and related expenses for personnel of the Navy Re8 serve on active duty under section 10211 of title 10, United

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

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

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

12 United States Code, or while undergoing reserve training,

13 or while performing drills or equivalent duty, and for mem14 bers of the Reserve Officers’ Training Corps, and expenses

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

16 and for payments to the Department of Defense Military

17 Retirement Fund; $1,396,989,000.

18 RESERVE PERSONNEL, MARINE CORPS

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

20 travel, and related expenses for personnel of the Marine

21 Corps Reserve on active duty under section 10211 of title

22 10, United States Code, or while serving on active duty

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

24 connection with performing duty specified in section

25 12310(a) of title 10, United States Code, or while under-
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1 going reserve training, or while performing drills or equiva2 lent duty, and for members of the Marine Corps platoon

3 leaders class, and expenses authorized by section 16131 of

4 title 10, United States Code; and for payments to the De5 partment of Defense Military Retirement Fund;

6 $389,325,000.

7 RESERVE PERSONNEL, AIR FORCE

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

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

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

11 8038 of title 10, United States Code, or while serving on

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

13 Code, in connection with performing duty specified in sec14 tion 12310(a) of title 10, United States Code, or while un15 dergoing reserve training, or while performing drills or

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

17 Reserve Officers’ Training Corps, and expenses authorized

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

19 payments to the Department of Defense Military Retire20 ment Fund; $785,842,000.

21 NATIONAL GUARD PERSONNEL, ARMY

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

23 travel, and related expenses for personnel of the Army Na24 tional Guard while on duty under section 10211, 10302,

25 or 12402 of title 10 or section 708 of title 32, United States
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1 Code, or while serving on duty under section 12301(d) of

2 title 10 or section 502(f) of title 32, 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 training, or while performing drills or equivalent

6 duty or other duty, and expenses authorized by section

7 16131 of title 10, United States Code; and for payments

8 to the Department of Defense Military Retirement Fund;

9 $3,259,169,000.

10 NATIONAL GUARD PERSONNEL, AIR FORCE

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

12 travel, and related expenses for personnel of the Air Na13 tional Guard on duty under section 10211, 10305, or 12402

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

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

16 or section 502(f) of title 32, United States Code, in connec17 tion with performing duty specified in section 12310(a) of

18 title 10, United States Code, or while undergoing training,

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

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

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

22 Military Retirement Fund; $1,295,511,000.
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1 TITLE II

2 OPERATION AND MAINTENANCE

3 OPERATION AND MAINTENANCE, ARMY

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, necessary for

6 the operation and maintenance of the Army, as authorized

7 by law; and not to exceed $11,437,000 can be used for emer8 gencies and extraordinary expenses, to be expended on the

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

10 payments may be made on his certificate of necessity for

11 confidential military purposes; $17,700,859,000 and, in ad12 dition, $50,000,000 shall be derived by transfer from the

13 National Defense Stockpile Transaction Fund: Provided,

14 That the amount made available by this paragraph for

15 Army Operation and Maintenance is reduced by

16 $1,500,000.

17 OPERATION AND MAINTENANCE, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary for

20 the operation and maintenance of the Navy and the Marine

21 Corps, as authorized by law; and not to exceed $3,995,000,

22 can be used for emergencies and extraordinary expenses, to

23 be expended on the approval or authority of the Secretary

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

25 of necessity for confidential military purposes;
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1 $20,241,517,000 and, in addition, $50,000,000 shall be de2 rived by transfer from the National Defense Stockpile

3 Transaction Fund.

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 For expenses, not otherwise provided for, necessary for

6 the operation and maintenance of the Marine Corps, as au7 thorized by law; $2,275,977,000.

8 OPERATION AND MAINTENANCE, AIR FORCE

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses, not otherwise provided for, necessary for

11 the operation and maintenance of the Air Force, as author12 ized by law; and not to exceed $8,362,000 can be used for

13 emergencies and extraordinary expenses, to be expended on

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

15 and payments may be made on his certificate of necessity

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

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

18 National Defense Stockpile Transaction Fund.

19 OPERATION AND MAINTENANCE, DEFENSE-WIDE

20 For expenses, not otherwise provided for, necessary for

21 the operation and maintenance of activities and agencies

22 of the Department of Defense (other than the military de23 partments), as authorized by law; $9,953,142,000, of which

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

25 initiative fund account; and of which not to exceed
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1 $28,500,000 can be used for emergencies and extraordinary

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

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

4 his certificate of necessity for confidential military pur5 poses: Provided, That of the funds appropriated under this

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

7 in federally owned education facilities located on military

8 installations for the purpose of transferring title of such fa9 cilities to the local education agency: Provided further, That

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

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

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

13 by the school board for the education of dependents of mem14 bers of the Armed Forces and employees of the Department

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

16 North Carolina.

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For expenses, not otherwise provided for, necessary for

19 the operation and maintenance, including training, organi20 zation, and administration, of the Army Reserve; repair of

21 facilities and equipment; hire of passenger motor vehicles;

22 travel and transportation; care of the dead; recruiting; pro23 curement of services, supplies, and equipment; and commu24 nications; $1,129,436,000.
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary for

3 the operation and maintenance, including training, organi4 zation, and administration, of the Navy 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; $861,527,000.

9 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

10 For expenses, not otherwise provided for, necessary for

11 the operation and maintenance, including training, organi12 zation, and administration, of the Marine Corps Reserve;

13 repair of facilities and equipment; hire of passenger motor

14 vehicles; travel and transportation; care of the dead; recruit15 ing; procurement of services, supplies, and equipment; and

16 communications; $115,367,000.

17 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

18 For expenses, not otherwise provided for, necessary for

19 the operation and maintenance, including training, organi20 zation, and administration, of the Air Force Reserve; repair

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

22 travel and transportation; care of the dead; recruiting; pro23 curement of services, supplies, and equipment; and commu24 nications; $1,494,953,000.
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

2 For expenses of training, organizing, and administer3 ing the Army National Guard, including medical and hos4 pital treatment and related expenses in non-Federal hos5 pitals; maintenance, operation, and repairs to structures

6 and facilities; hire of passenger motor vehicles; personnel

7 services in the National Guard Bureau; travel expenses

8 (other than mileage), as authorized by law for Army person9 nel on active duty, for Army National Guard division, regi10 mental, and battalion commanders while inspecting units

11 in compliance with National Guard Bureau regulations

12 when specifically authorized by the Chief, National Guard

13 Bureau; supplying and equipping the Army National

14 Guard as authorized by law; and expenses of repair, modi15 fication, maintenance, and issue of supplies and equipment

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

17 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

18 For operation and maintenance of the Air National

19 Guard, including medical and hospital treatment and relat20 ed expenses in non-Federal hospitals; maintenance, oper21 ation, repair, and other necessary expenses of facilities for

22 the training and administration of the Air National Guard,

23 including repair of facilities, maintenance, operation, and

24 modification of aircraft; transportation of things; hire of

25 passenger motor vehicles; supplies, materials, and equip-
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1 ment, as authorized by law for the Air National Guard;

2 and expenses incident to the maintenance and use of sup3 plies, materials, and equipment, including such as may be

4 furnished from stocks under the control of agencies of the

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

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

7 Guard personnel on active Federal duty, for Air National

8 Guard commanders while inspecting units in compliance

9 with National Guard Bureau regulations when specifically

10 authorized by the Chief, National Guard Bureau;

11 $2,721,973,000.

12 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses directly relating to Overseas Contingency

15 Operations by United States military forces;

16 $1,069,957,000: Provided, That the Secretary of Defense

17 may transfer these funds only to operation and mainte18 nance accounts within this title: Provided further, That the

19 funds transferred shall be merged with and shall be avail20 able for the same purposes and for the same time period,

21 as the appropriation to which transferred: Provided further,

22 That the transfer authority provided in this paragraph is

23 in addition to any other transfer authority contained else24 where in this Act.
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1 UNITED STATES COURT OF APPEALS FOR THE ARMED

2 FORCES

3 For salaries and expenses necessary for the United

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

5 of which not to exceed $2,500 can be used for official rep6 resentation purposes.

7 ENVIRONMENTAL RESTORATION, ARMY

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Army, $356,916,000, to re10 main available until transferred: Provided, That the Sec11 retary of the Army shall, upon determining that such funds

12 are required for environmental restoration, reduction and

13 recycling of hazardous waste, removal of unsafe buildings

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

15 purposes, transfer the funds made available by this appro16 priation to other appropriations made available to the De17 partment of the Army, to be merged with and to be available

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

19 appropriations to which transferred: Provided further, That

20 upon a determination that all or part of the funds trans21 ferred from this appropriation are not necessary for the

22 purposes provided herein, such amounts may be transferred

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

24 than twenty-five percent of funds provided under this head25 ing may be obligated for environmental remediation by the
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1 Corps of Engineers under total environmental remediation

2 contracts.

3 ENVIRONMENTAL RESTORATION, NAVY

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Department of the Navy, $302,900,000, to re6 main available until transferred: Provided, That the Sec7 retary of the Navy shall, upon determining that such funds

8 are required for environmental restoration, reduction and

9 recycling of hazardous waste, removal of unsafe buildings

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

11 purposes, transfer the funds made available by this appro12 priation to other appropriations made available to the De13 partment of the Navy, to be merged with and to be available

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

15 appropriations to which transferred: Provided further, That

16 upon a determination that all or part of the funds trans17 ferred from this appropriation are not necessary for the

18 purposes provided herein, such amounts may be transferred

19 back to this appropriation.

20 ENVIRONMENTAL RESTORATION, AIR FORCE

21 (INCLUDING TRANSFER OF FUNDS)

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

23 to remain available until transferred: Provided, That the

24 Secretary of the Air Force shall, upon determining that

25 such funds are required for environmental restoration, re-
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1 duction and recycling of hazardous waste, removal of unsafe

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

3 or for similar purposes, transfer the funds made available

4 by this appropriation to other appropriations made avail5 able to the Department of the Air Force, to be merged with

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

7 time period as the appropriations to which transferred:

8 Provided further, That upon a determination that all or

9 part of the funds transferred from this appropriation are

10 not necessary for the purposes provided herein, such

11 amounts may be transferred back to this appropriation.

12 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of the Defense, $38,650,000, to re15 main available until transferred: Provided, That the Sec16 retary of Defense shall, upon determining that such funds

17 are required for environmental restoration, reduction and

18 recycling of hazardous waste, removal of unsafe buildings

19 and debris of the Department of Defense, or for similar pur20 poses (including programs and operations at sites formerly

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

22 available by this appropriation to other appropriations

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

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

25 same time period as the appropriations to which trans-
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1 ferred: Provided further, That upon a determination that

2 all or part of the funds transferred from this appropriation

3 are not necessary for the purposes provided herein, such

4 amounts may be transferred back to this appropriation.

5 ENVIRONMENTAL RESTORATION, FORMERLY USED

6 DEFENSE SITES

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Army, $269,850,000, to re9 main available until transferred: Provided, That the Sec10 retary of the Army shall, upon determining that such funds

11 are required for environmental restoration, reduction and

12 recycling of hazardous waste, removal of unsafe buildings

13 and debris at sites formerly used by the Department of De14 fense, transfer the funds made available by this appropria15 tion to other appropriations made available to the Depart16 ment of the Army, to be merged with and to be available

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

18 appropriations to which transferred: Provided further, That

19 upon a determination that all or part of the funds trans20 ferred from this appropriation are not necessary for the

21 purposes provided herein, such amounts may be transferred

22 back to this appropriation.

23 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

24 For expenses relating to the Overseas Humanitarian,

25 Disaster, and Civic Aid programs of the Department of De-
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1 fense (consisting of the programs provided under sections

2 401, 402, 404, 2547, and 2551 of title 10, United States

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

4 30, 1998.

5 FORMER SOVIET UNION THREAT REDUCTION

6 For assistance to the republics of the former Soviet

7 Union, including assistance provided by contract or by

8 grants, for facilitating the elimination and the safe and se9 cure transportation and storage of nuclear, chemical and

10 other weapons; for establishing programs to prevent the pro11 liferation of weapons, weapons components, and weapon12 related technology and expertise; for programs relating to

13 the training and support of defense and military personnel

14 for demilitarization and protection of weapons, weapons

15 components and weapons technology and expertise;

16 $327,900,000, to remain available until expended.

17 TITLE III

18 PROCUREMENT

19 AIRCRAFT PROCUREMENT, ARMY

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

22 ordnance, ground handling equipment, spare parts, and ac23 cessories therefor; specialized equipment and training de24 vices; expansion of public and private plants, including the

25 land necessary therefor, for the foregoing purposes, and such
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1 lands and interests therein, may be acquired, and construc2 tion prosecuted thereon prior to approval of title; and pro3 curement and installation of equipment, appliances, and

4 machine tools in public and private plants; reserve plant

5 and Government and contractor-owned equipment layaway;

6 and other expenses necessary for the foregoing purposes;

7 $1,283,815,000, to remain available for obligation until

8 September 30, 1999.

9 MISSILE PROCUREMENT, ARMY

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

12 ordnance, ground handling equipment, spare parts, and ac13 cessories therefor; specialized equipment and training de14 vices; expansion of public and private plants, including the

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

16 lands and interests therein, may be acquired, and construc17 tion prosecuted thereon prior to approval of title; and pro18 curement and installation of equipment, appliances, and

19 machine tools in public and private plants; reserve plant

20 and Government and contractor-owned equipment layaway;

21 and other expenses necessary for the foregoing purposes;

22 $982,829,000, to remain available for obligation until Sep23 tember 30, 1999: Provided, That of the funds provided in

24 this paragraph and notwithstanding the provisions of title

25 31, United States Code, section 1502(a), not to exceed
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1 $25,000,000 is available for the benefit of the Army Na2 tional Guard to complete the remaining design and develop3 ment of the upgrade and to increase gunner survivability,

4 range, accuracy, and lethality for the fully modernized

5 Super Dragon Missile System, including pre-production en6 gineering and systems qualification.

7 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

8 VEHICLES, ARMY

9 For construction, procurement, production, and modi10 fication of weapons and tracked combat vehicles, equipment,

11 including ordnance, spare parts, and accessories therefor;

12 specialized equipment and training devices; expansion of

13 public and private plants, including the land necessary

14 therefor, for the foregoing purposes, and such lands and in15 terests therein, may be acquired, and construction pros16 ecuted thereon prior to approval of title; and procurement

17 and installation of equipment, appliances, and machine

18 tools in public and private plants; reserve plant and Gov19 ernment and contractor-owned equipment layaway; and

20 other expenses necessary for the foregoing purposes;

21 $1,449,714,000, to remain available for obligation until

22 September 30, 1999: Provided, That of the funds appro23 priated in this paragraph and notwithstanding the provi24 sions of title 31, United States Code, Section 1502(a), not
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1 to exceed $33,100,000 may be obligated for future year V903

2 diesel engine requirements to maintain the industrial base.

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and modi5 fication of ammunition, and accessories therefor; specialized

6 equipment and training devices; expansion of public and

7 private plants, including ammunition facilities authorized

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

9 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 $1,118,329,000, to remain available for obligation until

17 September 30, 1999.

18 OTHER PROCUREMENT, ARMY

19 For construction, procurement, production, and modi20 fication of vehicles, including tactical, support, and non21 tracked combat vehicles; the purchase of not to exceed 14

22 passenger motor vehicles for replacement only; communica23 tions and electronic equipment; other support equipment;

24 spare parts, ordnance, and accessories therefor; specialized

25 equipment and training devices; expansion of public and
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1 private plants, including the land necessary therefor, for the

2 foregoing purposes, and such lands and interests therein,

3 may be acquired, and construction prosecuted thereon prior

4 to approval of title; and procurement and installation of

5 equipment, appliances, and machine tools in public and

6 private plants; reserve plant and Government and contrac7 tor-owned equipment layaway; and other expenses nec8 essary for the foregoing purposes; $3,295,486,000, to remain

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

10 That of the funds appropriated in this paragraph and not11 withstanding the provisions of title 31, United States Code,

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

13 for future year V903 diesel engine requirements to maintain

14 the industrial base.

15 AIRCRAFT PROCUREMENT, NAVY

16 For construction, procurement, production, modifica17 tion, and modernization of aircraft, equipment, including

18 ordnance, spare parts, and accessories therefor; specialized

19 equipment; expansion of public and private plants, includ20 ing the land necessary therefor, and such lands and inter21 ests therein, may be acquired, and construction prosecuted

22 thereon prior to approval of title; and procurement and in23 stallation of equipment, appliances, and machine tools in

24 public and private plants; reserve plant and Government

25 and contractor-owned equipment layaway; $7,239,704,000,
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1 to remain available for obligation until September 30,

2 1999.

3 WEAPONS PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of missiles, torpedoes, other weap6 ons, other ordnance and ammunition, and related support

7 equipment including spare parts, and accessories therefor;

8 expansion of public and private plants, including the land

9 necessary therefor, and such lands and interests therein,

10 may be acquired, and construction prosecuted thereon prior

11 to approval of title; and procurement and installation of

12 equipment, appliances, and machine tools in public and

13 private plants; reserve plant and Government and contrac14 tor-owned equipment layaway; $1,500,154,000, to remain

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

16 That in addition to the foregoing purposes, the funds appro17 priated above under this heading shall be available to liq18 uidate reported deficiencies in appropriations provided

19 under this heading in prior Department of Defense appro20 priations acts, to the extent such deficiencies cannot other21 wise be liquidated pursuant to 31 U.S.C. 1553(b).

22 SHIPBUILDING AND CONVERSION, NAVY

23 For expenses necessary for the construction, acquisi24 tion, or conversion of vessels as authorized by law, includ25 ing armor and armament thereof, plant equipment, appli-
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1 ances, and machine tools and installation thereof in public

2 and private plants; reserve plant and Government and con3 tractor-owned equipment layaway; procurement of critical,

4 long leadtime components and designs for vessels to be con5 structed or converted in the future; and expansion of public

6 and private plants, including land necessary therefor, and

7 such lands and interests therein, may be acquired, and con8 struction prosecuted thereon prior to approval of title, as

9 follows:

10 For continuation of the SSN–21 attack sub11 marine program, $699,071,000;

12 NSSN–1 (AP) $296,186,000;

13 NSSN–2 (AP) $701,000,000;

14 CVN Refuelings, $237,029,000;

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

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

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

18 LCAC landing craft air cushion program (AP–

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

20 For craft, outfitting, post delivery, conversions,

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

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

23 until September 30, 2001: Provided, That additional obli24 gations may be incurred after September 30, 2001, for engi25 neering services, tests, evaluations, and other such budgeted
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1 work that must be performed in the final stage of ship con2 struction: Provided further, That none of the funds herein

3 provided for the construction or conversion of any naval

4 vessel to be constructed in shipyards in the United States

5 shall be expended in foreign facilities for the construction

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

7 none of the funds herein provided shall be used for the con8 struction of any naval vessel in foreign shipyards: Provided

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

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

11 procurement of not less than 12 Arleigh Burke class destroy12 ers in fiscal year 1998 through fiscal year 2001 at a pro13 curement rate of not less than three ships per year.

14 OTHER PROCUREMENT, NAVY

15 For procurement, production, and modernization of

16 support equipment and materials not otherwise provided

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

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

19 public and private plants, including the land necessary

20 therefor, and such lands and interests therein, may be ac21 quired, and construction prosecuted thereon prior to ap22 proval of title; and procurement and installation of equip23 ment, appliances, and machine tools in public and private

24 plants; reserve plant and Government and contractor-owned
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1 equipment layaway; $2,944,519,000, to remain available

2 for obligation until September 30, 1999.

3 PROCUREMENT, MARINE CORPS

4 For expenses necessary for the procurement, manufac5 ture, and modification of missiles, armament, military

6 equipment, spare parts, and accessories therefor; plant

7 equipment, appliances, and machine tools, and installation

8 thereof in public and private plants; reserve plant and Gov9 ernment and contractor-owned equipment layaway; vehicles

10 for the Marine Corps, including the purchase of not to ex11 ceed 88 passenger motor vehicles for replacement only; and

12 expansion of public and private plants, including land nec13 essary therefor, and such lands and interests therein, may

14 be acquired and construction prosecuted thereon prior to

15 approval of title; $660,507,000, to remain available for obli16 gation until September 30, 1999.

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For construction, procurement, and modification of

19 aircraft and equipment, including armor and armament,

20 specialized ground handling equipment, and training de21 vices, spare parts, and accessories therefor; specialized

22 equipment; expansion of public and private plants, Govern23 ment-owned equipment and installation thereof in such

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

25 the foregoing purposes, and such lands and interests therein,
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1 may be acquired, and construction prosecuted thereon prior

2 to approval of title; reserve plant and Government and con3 tractor-owned equipment layaway; and other expenses nec4 essary for the foregoing purposes including rents and trans5 portation of things; $6,630,370,000, to remain available for

6 obligation until September 30, 1999.

7 MISSILE PROCUREMENT, AIR FORCE

8 For construction, procurement, and modification of

9 missiles, spacecraft, rockets, and related equipment, includ10 ing spare parts and accessories therefor, ground handling

11 equipment, and training devices; expansion of public and

12 private plants, Government-owned equipment and installa13 tion thereof in such plants, erection of structures, and ac14 quisition of land, for the foregoing purposes, and such lands

15 and interests therein, may be acquired, and construction

16 prosecuted thereon prior to approval of title; reserve plant

17 and Government and contractor-owned equipment layaway;

18 and other expenses necessary for the foregoing purposes in19 cluding rents and transportation of things; $2,713,944,000,

20 to remain available for obligation until September 30,

21 1999.

22 OTHER PROCUREMENT, AIR FORCE

23 For procurement and modification of equipment (in24 cluding ground guidance and electronic control equipment,

25 and ground electronic and communication equipment), and
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1 supplies, materials, and spare parts therefor, not otherwise

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

3 motor vehicles for replacement only; the purchase of 1 vehi4 cle required for physical security of personnel, notwith5 standing price limitations applicable to passenger vehicles

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

7 public and private plants, Government-owned equipment

8 and installation thereof in such plants, erection of struc9 tures, and acquisition of land, for the foregoing purposes,

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

11 construction prosecuted thereon, prior to approval of title;

12 reserve plant and Government and contractor-owned equip13 ment layaway; $5,577,787,000, to remain available for obli14 gation until September 30, 1999.

15 PROCUREMENT, DEFENSE-WIDE

16 For expenses of activities and agencies of the Depart17 ment of Defense (other than the military departments) nec18 essary for procurement, production, and modification of

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

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

21 389 passenger motor vehicles for replacement only; expan22 sion of public and private plants, equipment, and installa23 tion thereof in such plants, erection of structures, and ac24 quisition of land for the foregoing purposes, and such lands

25 and interests therein, may be acquired, and construction
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1 prosecuted thereon prior to approval of title; reserve plant

2 and Government and contractor-owned equipment layaway;

3 $1,773,794,000, to remain available for obligation until

4 September 30, 1999.

5 NATIONAL GUARD AND RESERVE EQUIPMENT

6 For procurement of aircraft, missiles, tracked combat

7 vehicles, ammunition, other weapons, and other procure8 ment for the reserve components of the Armed Forces;

9 $759,800,000, to remain available for obligation until Sep10 tember 30, 1999: Provided, That the Chiefs of the Reserve

11 and National Guard components shall, not later than 30

12 days after the enactment of this Act, individually submit

13 to the congressional defense committees the modernization

14 priority assessment for their respective Reserve or National

15 Guard component.

16 TITLE IV

17 RESEARCH, DEVELOPMENT, TEST AND

18 EVALUATION

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

20 For expenses necessary for basic and applied scientific

21 research, development, test and evaluation, including main22 tenance, rehabilitation, lease, and operation of facilities

23 and equipment; $5,107,283,000, to remain available for ob24 ligation until September 30, 1998: Provided, That of the

25 funds appropriated in this paragraph, $4,000,000 shall be
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1 available for the procurement of a real-time, automatic

2 cargo tracking and control system.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

4 For expenses necessary for basic and applied scientific

5 research, development, test and evaluation, including main6 tenance, rehabilitation, lease, and operation of facilities

7 and equipment; $8,067,543,000, to remain available for ob8 ligation until September 30, 1998: Provided, That funds

9 appropriated in this paragraph which are available for the

10 V–22 may be used to meet requirements of the Special Oper11 ations Forces: Provided further, That of the funds available

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

13 Doppler Upgrade modification to the AN/SPS–48E radar

14 system: Provided further, That of the funds appropriated

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

16 years in the university research fleet under the Oceano17 graphic and Atmospheric Technology program: Provided

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

19 $1,000,000 is available for evaluation of a nondevelopmen20 tal Doppler sonar velocity log: Provided further, That of

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

22 shall be made available only for the Intercooled Recuperated

23 Gas Turbine Engine program: Provided further, That up

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

25 may be used to initiate engineering and manufacturing de-
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1 velopment for the winning airborne mine countermeasure

2 system.

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

4 FORCE

5 For expenses necessary for basic and applied scientific

6 research, development, test and evaluation, including main7 tenance, rehabilitation, lease, and operation of facilities

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

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

10 less than $1,000,000 of the funds appropriated in this para11 graph shall be made available only to assess the budgetary,

12 cost, technical, operational, training, and safety issues asso13 ciated with a decision to eliminate development of the F–

14 22B two-seat training variant of the F–22 advanced tac15 tical fighter: Provided further, That the assessment required

16 by the preceding proviso shall be submitted, in classified

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

18 to the congressional defense committees not later than Feb19 ruary 15, 1997: Provided further, That of the funds appro20 priated under this heading, $3,000,000 shall be available

21 for acceleration of a program to develop thermally stable

22 jet fuels using chemicals derived from coal.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 DEFENSE-WIDE

3 For expenses of activities and agencies of the Depart4 ment of Defense (other than the military departments), nec5 essary for basic and applied scientific research, develop6 ment, test and evaluation; advanced research projects as

7 may be designated and determined by the Secretary of De8 fense, pursuant to law; maintenance, rehabilitation, lease,

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

10 to remain available for obligation until September 30,

11 1998: Provided, That of the funds appropriated under this

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

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

14 the Focused Research Initiatives program: Provided further,

15 That, of such amount, $10,000,000 is available for the Unit16 ed States-Japan Management Training Program.

17 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

18 For expenses, not otherwise provided for, of independ19 ent activities of the Director, Test and Evaluation in the

20 direction and supervision of developmental test and evalua21 tion, including performance and joint developmental testing

22 and evaluation; and administrative expenses in connection

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

24 until September 30, 1998.
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1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary for

3 the independent activities of the Director, Operational Test

4 and Evaluation in the direction and supervision of oper5 ational test and evaluation, including initial operational

6 test and evaluation which is conducted prior to, and in sup7 port of, production decisions; joint operational testing and

8 evaluation; and administrative expenses in connection

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

10 until September 30, 1998: Provided, That of the funds ap11 propriated in this paragraph, $3,000,000 is available for

12 the Operational Field Assessment Program.

13 TITLE V

14 REVOLVING AND MANAGEMENT FUNDS

15 DEFENSE BUSINESS OPERATIONS FUND

16 For the Defense Business Operations Fund;

17 $947,900,000.

18 NATIONAL DEFENSE SEALIFT FUND

19 For National Defense Sealift Fund programs, projects,

20 and activities, and for expenses of the National Defense Re21 serve Fleet, as established by section 11 of the Merchant

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

23 $1,093,002,000, to remain available until expended: Pro24 vided, That none of the funds provided in this paragraph

25 shall be used to award a new contract that provides for the
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1 acquisition of any of the following major components unless

2 such components are manufactured in the United States:

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

4 services; propulsion system components (that is; engines, re5 duction gears, and propellers); shipboard cranes; and

6 spreaders for shipboard cranes: Provided further, That the

7 exercise of an option in a contract awarded through the ob8 ligation of previously appropriated funds shall not be con9 sidered to be the award of a new contract: Provided further,

10 That the Secretary of the military department responsible

11 for such procurement may waive these restrictions on a

12 case-by-case basis by certifying in writing to the Commit13 tees on Appropriations of the House of Representatives and

14 the Senate, that adequate domestic supplies are not avail15 able to meet Department of Defense requirements on a time16 ly basis and that such an acquisition must be made in order

17 to acquire capability for national security purposes.

18 TITLE VI

19 OTHER DEPARTMENT OF DEFENSE PROGRAMS

20 DEFENSE HEALTH PROGRAM

21 For expenses, not otherwise provided for, for medical

22 and health care programs of the Department of Defense, as

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

24 $9,936,638,000 shall be for Operation and maintenance,

25 and of which $319,470,000, to remain available for obliga-
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1 tion until September 30, 1999, shall be for Procurement:

2 Provided, That of the funds appropriated under this head3 ing, $14,500,000 shall be made available for obtaining

4 emergency communications services for members of the

5 Armed Forces and their families from the American Na6 tional Red Cross: Provided further, That of the funds appro7 priated under this heading, $10,000,000 shall be available

8 for scientific research to be carried out by entities independ9 ent of the Federal Government on possible causal relation10 ships between the complex of illnesses and symptoms com11 monly known as ‘‘Gulf War syndrome’’ and the possible ex12 posures of members of the Armed Forces to chemical warfare

13 agents or other hazardous materials during service on active

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

15 Asia theater of operations during the Persian Gulf War.

16 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

17 DEFENSE

18 For expenses, not otherwise provided for, necessary for

19 the destruction of the United States stockpile of lethal chem20 ical agents and munitions in accordance with the provi21 sions of section 1412 of the Department of Defense Author22 ization Act, 1986 (50 U.S.C. 1521), and for the destruction

23 of other chemical warfare materials that are not in the

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

25 $478,947,000 shall be for Operation and maintenance,
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1 $191,200,000 shall be for Procurement to remain available

2 until September 30, 1999, and $88,300,000 shall be for Re3 search, development, test and evaluation to remain avail4 able until September 30, 1998.

5 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

6 DEFENSE

7 (INCLUDING TRANSFER OF FUNDS)

8 For drug interdiction and counter-drug activities of

9 the Department of Defense, for transfer to appropriations

10 available to the Department of Defense for military person11 nel of the reserve components serving under the provisions

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

13 and maintenance; for Procurement; and for Research, devel14 opment, test and evaluation; $789,024,000: Provided, That

15 the funds appropriated by this paragraph shall be available

16 for obligation for the same time period and for the same

17 purpose as the appropriation to which transferred: Pro18 vided further, That the transfer authority provided in this

19 paragraph is in addition to any transfer authority con20 tained elsewhere in this Act.

21 OFFICE OF THE INSPECTOR GENERAL

22 For expenses and activities of the Office of the Inspec23 tor General in carrying out the provisions of the Inspector

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

25 $137,157,000 shall be for Operation and maintenance, of
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1 which not to exceed $500,000 is available for emergencies

2 and extraordinary expenses to be expended on the approval

3 or authority of the Inspector General, and payments may

4 be made on his certificate of necessity for confidential mili5 tary purposes; and of which $2,000,000, to remain available

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

7 ANTI-TERRORISM ACTIVITIES, DEFENSE

8 (INCLUDING TRANSFER OF FUNDS)

9 For anti-terrorism activities of the Department of De10 fense, $14,000,000, subject to authorization, for transfer to

11 appropriations available to the Department of Defense for

12 operation and maintenance, for procurement, and for re13 search, development, test, and evaluation: Provided, That

14 the funds appropriated under this heading shall be avail15 able for obligation for the same period and for the same

16 purposes as the appropriation to which transferred: Pro17 vided further, That the transfer authority provided under

18 this heading is in addition to any other transfer authority

19 contained in this Act.

20 TITLE VII

21 RELATED AGENCIES

22 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

23 DISABILITY SYSTEM FUND

24 For payment to the Central Intelligence Agency Retire25 ment and Disability System Fund, to maintain proper
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1 funding level for continuing the operation of the Central

2 Intelligence Agency Retirement and Disability System;

3 $184,200,000.

4 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

5 For necessary expenses of the Intelligence Community

6 Management Account; $94,739,000.

7 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE,

8 REMEDIATION, AND ENVIRONMENTAL RESTORATION FUND

9 For payment to Kaho’olawe Island Conveyance, Reme10 diation, and Environmental Restoration Fund, as author11 ized by law; $10,000,000, to remain available until ex12 pended.

13 NATIONAL SECURITY EDUCATION TRUST FUND

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

15 $5,100,000, to be derived from the National Security Edu16 cation Trust Fund, to remain available until expended.

17 TITLE VIII

18 GENERAL PROVISIONS

19 SEC. 8001. No part of any appropriation contained

20 in this Act shall be used for publicity or propaganda pur21 poses not authorized by the Congress.

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

23 of law prohibiting the payment of compensation to, or em24 ployment of, any person not a citizen of the United States

25 shall not apply to personnel of the Department of Defense:
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1 Provided, That salary increases granted to direct and indi2 rect hire foreign national employees of the Department of

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

4 of the percentage increase authorized by law for civilian

5 employees of the Department of Defense whose pay is com6 puted under the provisions of section 5332 of title 5, United

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

8 provided by the appropriate host nation to its own employ9 ees, whichever is higher: Provided further, That this section

10 shall not apply to Department of Defense foreign service

11 national employees serving at United States diplomatic

12 missions whose pay is set by the Department of State under

13 the Foreign Service Act of 1980: Provided further, That the

14 limitations of this provision shall not apply to foreign na15 tional employees of the Department of Defense in the Re16 public of Turkey.

17 SEC. 8003. No part of any appropriation contained

18 in this Act shall remain available for obligation beyond the

19 current fiscal year, unless expressly so provided herein.

20 SEC. 8004. No more than 20 per centum of the appro21 priations in this Act which are limited for obligation dur22 ing the current fiscal year shall be obligated during the last

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

24 shall not apply to obligations for support of active duty
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1 training of reserve components or summer camp training

2 of the Reserve Officers’ Training Corps.

3 (TRANSFER OF FUNDS)

4 SEC. 8005. Upon determination by the Secretary of

5 Defense that such action is necessary in the national inter6 est, he may, with the approval of the Office of Management

7 and Budget, transfer not to exceed $1,200,000,000 of work8 ing capital funds of the Department of Defense or funds

9 made available in this Act to the Department of Defense

10 for military functions (except military construction) be11 tween such appropriations or funds or any subdivision

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

13 purposes, and for the same time period, as the appropria14 tion or fund to which transferred: Provided, That such au15 thority to transfer may not be used unless for higher prior16 ity items, based on unforeseen military requirements, than

17 those for which originally appropriated and in no case

18 where the item for which funds are requested has been de19 nied by Congress: Provided further, That the Secretary of

20 Defense shall notify the Congress promptly of all transfers

21 made pursuant to this authority or any other authority in

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

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

24 to the Committees on Appropriations for reprogramming

25 of funds, unless for higher priority items, based on unfore-
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1 seen military requirements, than those for which originally

2 appropriated and in no case where the item for which re3 programming is requested has been denied by the Congress.

4 (TRANSFER OF FUNDS)

5 SEC. 8006. During the current fiscal year, cash bal6 ances in working capital funds of the Department of De7 fense established pursuant to section 2208 of title 10, United

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

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

10 from such funds: Provided, That transfers may be made be11 tween such funds and the ‘‘Foreign Currency Fluctuations,

12 Defense’’ and ‘‘Operation and Maintenance’’ appropriation

13 accounts in such amounts as may be determined by the Sec14 retary of Defense, with the approval of the Office of Manage15 ment and Budget, except that such transfers may not be

16 made unless the Secretary of Defense has notified the Con17 gress of the proposed transfer. Except in amounts equal to

18 the amounts appropriated to working capital funds in this

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

20 fund to procure or increase the value of war reserve mate21 rial inventory, unless the Secretary of Defense has notified

22 the Congress prior to any such obligation.

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

24 be used to initiate a special access program without prior
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1 notification 30 calendar days in session in advance to the

2 congressional defense committees.

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

4 available for the Civilian Health and Medical Program of

5 the Uniformed Services shall be available for payments to

6 physicians and other non-institutional health care provid7 ers in excess of the amounts allowed in fiscal year 1996

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

9 the Secretary of Defense determines an increase is justified

10 by economic circumstances, the allowable amounts may be

11 increased in accordance with appropriate economic index

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

13 Social Security Act; and (b) for services the Secretary deter14 mines are overpriced based on allowable payments under

15 title XVIII of the Social Security Act, the allowable

16 amounts shall be reduced by not more than 15 percent (ex17 cept that the reduction may be waived if the Secretary de18 termines that it would impair adequate access to health

19 care services for beneficiaries). The Secretary shall solicit

20 public comment prior to promulgating regulations to imple21 ment this section. Such regulations shall include a limita22 tion, similar to that used under title XVIII of the Social

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

24 a beneficiary an actual charge in excess of the allowable

25 amount.
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1 SEC. 8009. None of the funds provided in this Act shall

2 be available to initiate (1) a multiyear contract that em3 ploys economic order quantity procurement in excess of

4 $20,000,000 in any one year of the contract or that includes

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

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

7 multiyear contract that employs economic order quantity

8 procurement in excess of $20,000,000 in any one year, un9 less the congressional defense committees have been notified

10 at least thirty days in advance of the proposed contract

11 award: Provided, That no part of any appropriation con12 tained in this Act shall be available to initiate a multiyear

13 contract for which the economic order quantity advance

14 procurement is not funded at least to the limits of the Gov15 ernment’s liability: Provided further, That no part of any

16 appropriation contained in this Act shall be available to

17 initiate multiyear procurement contracts for any systems

18 or component thereof if the value of the multiyear contract

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

20 this Act: Provided further, That no multiyear procurement

21 contract can be terminated without 10-day prior notifica22 tion to the congressional defense committees: Provided fur23 ther, That the execution of multiyear authority shall require

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

25 compared to an annual procurement.
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1 Funds appropriated in title III of this Act may be

2 used for multiyear procurement contracts as follows:

3 Javelin missiles;

4 Arleigh Burke (DDG–51) class destroyers;

5 MK19–3 grenade machine guns;

6 M16A2 rifles;

7 M249 Squad Automatic Weapons;

8 M4 carbine rifles; and

9 M240B machine guns.

10 SEC. 8010. Within the funds appropriated for the oper11 ation and maintenance of the Armed Forces, funds are here12 by appropriated pursuant to section 401 of title 10, United

13 States Code, for humanitarian and civic assistance costs

14 under chapter 20 of title 10, United States Code. Such funds

15 may also be obligated for humanitarian and civic assist16 ance costs incidental to authorized operations and pursuant

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

18 10, United States Code, and these obligations shall be re19 ported to Congress on September 30 of each year: Provided,

20 That funds available for operation and maintenance shall

21 be available for providing humanitarian and similar assist22 ance by using Civic Action Teams in the Trust Territories

23 of the Pacific Islands and freely associated states of Micro24 nesia, pursuant to the Compact of Free Association as au25 thorized by Public Law 99–239: Provided further, That
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1 upon a determination by the Secretary of the Army that

2 such action is beneficial for graduate medical education

3 programs conducted at Army medical facilities located in

4 Hawaii, the Secretary of the Army may authorize the pro5 vision of medical services at such facilities and transpor6 tation to such facilities, on a nonreimbursable basis, for ci7 vilian patients from American Samoa, the Commonwealth

8 of the Northern Mariana Islands, the Marshall Islands, the

9 Federated States of Micronesia, Palau, and Guam.

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

11 personnel of the Department of Defense may not be man12 aged on the basis of any end-strength, and the management

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

14 to any constraint or limitation (known as an end-strength)

15 on the number of such personnel who may be employed on

16 the last day of such fiscal year.

17 (b) The fiscal year 1998 budget request for the Depart18 ment of Defense as well as all justification material and

19 other documentation supporting the fiscal year 1998 De20 partment of Defense budget request shall be prepared and

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

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

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

24 to military (civilian) technicians.
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1 SEC. 8012. Notwithstanding any other provision of

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

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

4 fifty United States, its territories, and the District of Co5 lumbia, 125,000 civilian workyears: Provided, That

6 workyears shall be applied as defined in the Federal Person7 nel Manual: Provided further, That workyears expended in

8 dependent student hiring programs for disadvantaged

9 youths shall not be included in this workyear limitation.

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

11 Act shall be used in any way, directly or indirectly, to in12 fluence congressional action on any legislation or appro13 priation matters pending before the Congress.

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

15 Act shall be used to make contributions to the Department

16 of Defense Education Benefits Fund pursuant to section

17 2006(g) of title 10, United States Code, representing the

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

19 38, United States Code, for any member of the armed serv20 ices who, on or after the date of enactment of this Act—

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

22 active duty of less than three years; or

23 (2) receives an enlistment bonus under section

24 308a or 308f of title 37, United States Code,
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1 nor shall any amounts representing the normal cost of such

2 future benefits be transferred from the Fund by the Sec3 retary of the Treasury to the Secretary of Veterans Affairs

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

5 nor shall the Secretary of Veterans Affairs pay such benefits

6 to any such member: Provided, That in the case of a mem7 ber covered by clause (1), these limitations shall not apply

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

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

10 program continued or established by the Secretary of De11 fense in fiscal year 1991 to test the cost-effective use of spe12 cial recruiting incentives involving not more than nineteen

13 noncombat arms skills approved in advance by the Sec14 retary of Defense: Provided further, That this subsection ap15 plies only to active components of the Army.

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

17 be available for the basic pay and allowances of any mem18 ber of the Army participating as a full-time student and

19 receiving benefits paid by the Secretary of Veterans Affairs

20 from the Department of Defense Education Benefits Fund

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

22 completion of a service commitment: Provided, That this

23 subsection shall not apply to those members who have reen24 listed with this option prior to October 1, 1987: Provided
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1 further, That this subsection applies only to active compo2 nents of the Army.

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

4 shall be available to convert to contractor performance an

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

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

7 more than ten Department of Defense civilian employees

8 until a most efficient and cost-effective organization analy9 sis is completed on such activity or function and certifi10 cation of the analysis is made to the Committees on Appro11 priations of the House of Representatives and the Senate:

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

13 or industrial type function of the Department of Defense

14 that: (1) is included on the procurement list established pur15 suant to section 2 of the Act of June 25, 1938 (41 U.S.C.

16 47), popularly referred to as the Javits-Wagner-O’Day Act;

17 (2) is planned to be converted to performance by a qualified

18 nonprofit agency for the blind or by a qualified nonprofit

19 agency for other severely handicapped individuals in ac20 cordance with that Act; or (3) is planned to be converted

21 to performance by a qualified firm under 51 percent Native

22 American ownership.

23 (TRANSFER OF FUNDS)

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

25 for the Department of Defense Pilot Mentor-Protege Pro-
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1 gram may be transferred to any other appropriation con2 tained in this Act solely for the purpose of implementing

3 a Mentor-Protege Program developmental assistance agree4 ment pursuant to section 831 of the National Defense Au5 thorization Act for Fiscal Year 1991 (Public Law 101–510;

6 10 U.S.C. 2301 note), as amended, under the authority of

7 this provision or any other transfer authority contained in

8 this Act.

9 SEC. 8017. For fiscal year 1997, the total amount ap10 propriated in this Act to fund the Uniformed Services

11 Treatment Facilities program, operated pursuant to section

12 911 of Public Law 97–99 (42 U.S.C. 248c), shall not exceed

13 $331,380,000.

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

15 available for the Civilian Health and Medical Program of

16 the Uniformed Services (CHAMPUS) shall be available for

17 the reimbursement of any health care provider for inpatient

18 mental health service for care received when a patient is

19 referred to a provider of inpatient mental health care or

20 residential treatment care by a medical or health care pro21 fessional having an economic interest in the facility to

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

23 does not apply in the case of inpatient mental health serv24 ices provided under the program for the handicapped under

25 subsection (d) of section 1079 of title 10, United States
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1 Code, provided as partial hospital care, or provided pursu2 ant to a waiver authorized by the Secretary of Defense be3 cause of medical or psychological circumstances of the pa4 tient that are confirmed by a health professional who is not

5 a Federal employee after a review, pursuant to rules pre6 scribed by the Secretary, which takes into account the ap7 propriate level of care for the patient, the intensity of serv8 ices required by the patient, and the availability of that

9 care.

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

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

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

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

14 under such regulations as the Secretary of Defense may pre15 scribe.

16 SEC. 8020. Notwithstanding any other provision of

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

18 may, by Executive Agreement, establish with host nation

19 governments in NATO member states a separate account

20 into which such residual value amounts negotiated in the

21 return of United States military installations in NATO

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

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

24 States Treasury: Provided, That such credits may be uti25 lized only for the construction of facilities to support United
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1 States military forces in that host nation, or such real prop2 erty maintenance and base operating costs that are cur3 rently executed through monetary transfers to such host na4 tions: Provided further, That the Department of Defense’s

5 budget submission for fiscal year 1998 shall identify such

6 sums anticipated in residual value settlements, and identify

7 such construction, real property maintenance or base oper8 ating costs that shall be funded by the host nation through

9 such credits: Provided further, That all military construc10 tion projects to be executed from such accounts must be pre11 viously approved in a prior Act of Congress: Provided fur12 ther, That each such Executive Agreement with a NATO

13 member host nation shall be reported to the congressional

14 defense committees, the Committee on International Rela15 tions of the House of Representatives and the Committee

16 on Foreign Relations of the Senate thirty days prior to the

17 conclusion and endorsement of any such agreement estab18 lished under this provision.

19 SEC. 8021. None of the funds available to the Depart20 ment of Defense may be used to demilitarize or dispose of

21 any M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 cal22 iber rifles, .30 caliber rifles, or M–1911 pistols.

23 SEC. 8022. Notwithstanding any other provision of

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

25 available to pay more than 50 percent of an amount paid
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1 to any person under section 308 of title 37, United States

2 Code, in a lump sum.

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

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

5 each appropriations account in title III, shall be available

6 for incentive payments authorized by section 504 of the In7 dian Financing Act of 1974, 25 U.S.C. 1544. These pay8 ments shall be available only to contractors which have sub9 mitted subcontracting plans pursuant to 15 U.S.C. 637(d),

10 and according to regulations which shall be promulgated

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

12 of this Act.

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

14 funds available to the Department of Defense may be used

15 to procure or acquire (1) defensive handguns unless such

16 handguns are the M9 or M11 9 mm Department of Defense

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

18 Special Operations Forces: Provided, That the foregoing

19 shall not apply to handguns and ammunition for marks20 manship competitions.

21 SEC. 8025. No more than $500,000 of the funds appro22 priated or made available in this Act shall be used for any

23 single relocation of an organization, unit, activity or func24 tion of the Department of Defense into or within the Na25 tional Capital Region: Provided, That the Secretary of De-
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1 fense may waive this restriction on a case-by-case basis 90

2 days after certifying in writing to the Congressional defense

3 committees that such a relocation is required in the best

4 interest of the Government.

5 SEC. 8026. During the current fiscal year, funds ap6 propriated or otherwise available for any Federal agency,

7 the Congress, the judicial branch, or the District of Colum8 bia may be used for the pay, allowances, and benefits of

9 an employee as defined by section 2105 of title 5 or an indi10 vidual employed by the government of the District of Co11 lumbia, permanent or temporary indefinite, who—

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

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

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

15 title 32;

16 (2) performs, for the purpose of providing mili17 tary aid to enforce the law or providing assistance to

18 civil authorities in the protection or saving of life or

19 property or prevention of injury—

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

21 333, or 12406 of title 10, or other provision of

22 law, as applicable, or

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

24 State, the District of Columbia, the Common-
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1 wealth of Puerto Rico, or a territory of the Unit2 ed States; and

3 (3) requests and is granted—

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

5 or

6 (B) annual leave, which may be granted

7 without regard to the provisions of sections 5519

8 and 6323(b) of title 5, if such employee is other9 wise entitled to such annual leave:

10 Provided, That any employee who requests leave under sub11 section (3)(A) for service described in subsection (2) of this

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

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

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

15 section 6323(b) of title 5.

16 SEC. 8027. None of the funds appropriated by this Act

17 shall be available to perform any cost study pursuant to

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

19 performed exceeds a period of twenty-four months after ini20 tiation of such study with respect to a single function activ21 ity or forty-eight months after initiation of such study for

22 a multi-function activity.

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

24 American Forces Information Service shall not be used for
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1 any national or international political or psychological ac2 tivities.

3 SEC. 8029. Notwithstanding any other provision of

4 law or regulation, the Secretary of Defense may adjust wage

5 rates for civilian employees hired for certain health care

6 occupations as authorized for the Secretary of Veterans Af7 fairs by section 7455 of title 38, United States Code.

8 SEC. 8030. None of the funds appropriated or made

9 available in this Act shall be used to reduce or disestablish

10 the operation of the 53rd Weather Reconnaissance Squad11 ron of the Air Force Reserve, if such action would reduce

12 the WC–130 Weather Reconnaissance mission below the lev13 els funded in this Act.

14 SEC. 8031. (a) Of the funds for the procurement of sup15 plies or services appropriated by this Act, qualified non16 profit agencies for the blind or other severely handicapped

17 shall be afforded the maximum practicable opportunity to

18 participate as subcontractors and suppliers in the perform19 ance of contracts let by the Department of Defense.

20 (b) During the current fiscal year, a business concern

21 which has negotiated with a military service or defense

22 agency a subcontracting plan for the participation by small

23 business concerns pursuant to section 8(d) of the Small

24 Business Act (15 U.S.C. 637(d)) shall be given credit to25 ward meeting that subcontracting goal for any purchases
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1 made from qualified nonprofit agencies for the blind or

2 other severely handicapped.

3 (c) For the purpose of this section, the phrase ‘‘quali4 fied nonprofit agency for the blind or other severely handi5 capped’’ means a nonprofit agency for the blind or other

6 severely handicapped that has been approved by the Com7 mittee for the Purchase from the Blind and Other Severely

8 Handicapped under the Javits-Wagner-O’Day Act (41

9 U.S.C. 46–48).

10 SEC. 8032. During the current fiscal year, net receipts

11 pursuant to collections from third party payers pursuant

12 to section 1095 of title 10, United States Code, shall be

13 made available to the local facility of the uniformed services

14 responsible for the collections and shall be over and above

15 the facility’s direct budget amount.

16 SEC. 8033. During the current fiscal year, the Depart17 ment of Defense is authorized to incur obligations of not

18 to exceed $350,000,000 for purposes specified in section

19 2350j(c) of title 10, United States Code, in anticipation of

20 receipt of contributions, only from the Government of Ku21 wait, under that section: Provided, That, upon receipt, such

22 contributions from the Government of Kuwait shall be cred23 ited to the appropriation or fund which incurred such obli24 gations.
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1 SEC. 8034. Of the funds made available in this Act,

2 not less than $22,700,000 shall be available for the Civil

3 Air Patrol, of which $19,000,000 shall be available for Op4 eration and Maintenance.

5 SEC. 8035. None of the funds in this or any other Act

6 shall be available for the preparation of studies on—

7 (a) the feasibility of removal and transportation

8 of unitary chemical weapons or agents from the eight

9 chemical storage sites within the continental United

10 States to Johnston Atoll: Provided, That this prohibi11 tion shall not apply to General Accounting Office

12 studies requested by a Member of Congress or a Con13 gressional Committee; and

14 (b) the potential future uses of the nine chemical

15 disposal facilities other than for the destruction of

16 stockpile chemical munitions and as limited by sec17 tion 1412(c)(2), Public Law 99–145: Provided, That

18 this prohibition does not apply to future use studies

19 for the CAMDS facility at Tooele, Utah.

20 SEC. 8036. None of the funds appropriated by this Act

21 shall be used for the support of any nonappropriated funds

22 activity of the Department of Defense that procures malt

23 beverages and wine with nonappropriated funds for resale

24 (including such alcoholic beverages sold by the drink) on

25 a military installation located in the United States unless
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1 such malt beverages and wine are procured within that

2 State, or in the case of the District of Columbia, within

3 the District of Columbia, in which the military installation

4 is located: Provided, That in a case in which the military

5 installation is located in more than one State, purchases

6 may be made in any State in which the installation is lo7 cated: Provided further, That such local procurement re8 quirements for malt beverages and wine shall apply to all

9 alcoholic beverages only for military installations in States

10 which are not contiguous with another State: Provided fur11 ther, That alcoholic beverages other than wine and malt bev12 erages, in contiguous States and the District of Columbia

13 shall be procured from the most competitive source, price

14 and other factors considered.

15 SEC. 8037. For the purposes of this Act, the term ‘‘con16 gressional defense committees’’ means the National Security

17 Committee of the House of Representatives, the Armed Serv18 ices Committee of the Senate, the subcommittee on Defense

19 of the Committee on Appropriations of the Senate, and the

20 subcommittee on National Security of the Committee on

21 Appropriations of the House of Representatives.

22 SEC. 8038. Notwithstanding any other provision of

23 law, during the current fiscal year, the Department of De24 fense may acquire the modification, depot maintenance and

25 repair of aircraft, vehicles and vessels as well as the produc-
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1 tion of components and other Defense-related articles,

2 through competition between Department of Defense depot

3 maintenance activities and private firms: Provided, That

4 the Senior Acquisition Executive of the military depart5 ment or defense agency concerned, with power of delegation,

6 shall certify that successful bids include comparable esti7 mates of all direct and indirect costs for both public and

8 private bids: Provided further, That Office of Management

9 and Budget Circular A–76 shall not apply to competitions

10 conducted under this section.

11 SEC. 8039. (a)(1) If the Secretary of Defense, after con12 sultation with the United States Trade Representative, de13 termines that a foreign country which is party to an agree14 ment described in paragraph (2) has violated the terms of

15 the agreement by discriminating against certain types of

16 products produced in the United States that are covered by

17 the agreement, the Secretary of Defense shall rescind the

18 Secretary’s blanket waiver of the Buy American Act with

19 respect to such types of products produced in that foreign

20 country.

21 (2) An agreement referred to in paragraph (1) is any

22 reciprocal defense procurement memorandum of under23 standing, between the United States and a foreign country

24 pursuant to which the Secretary of Defense has prospec-
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1 tively waived the Buy American Act for certain products

2 in that country.

3 (b) The Secretary of Defense shall submit to Congress

4 a report on the amount of Department of Defense purchases

5 from foreign entities in fiscal year 1997. Such report shall

6 separately indicate the dollar value of items for which the

7 Buy American Act was waived pursuant to any agreement

8 described in subsection (a)(2), the Trade Agreement Act of

9 1979 (19 U.S.C. 2501 et seq.), or any international agree10 ment to which the United States is a party.

11 (c) For purposes of this section, the term ‘‘Buy Amer12 ican Act’’ means title III of the Act entitled ‘‘An Act mak13 ing appropriations for the Treasury and Post Office De14 partments for the fiscal year ending June 30, 1934, and

15 for other purposes’’, approved March 3, 1933 (41 U.S.C.

16 10a et seq.).

17 SEC. 8040. Appropriations contained in this Act that

18 remain available at the end of the current fiscal year as

19 a result of energy cost savings realized by the Department

20 of Defense shall remain available for obligation for the next

21 fiscal year to the extent, and for the purposes, provided in

22 section 2865 of title 10, United States Code.

23 SEC. 8041. During the current fiscal year and here24 after, voluntary separation incentives payable under 10

25 U.S.C. 1175 may be paid in such amounts as are necessary
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1 from the assets of the Voluntary Separation Incentive Fund

2 established by section 1175(h)(1).

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8042. Amounts deposited during the current fis5 cal year to the special account established under 40 U.S.C.

6 485(h)(2) and to the special account established under 10

7 U.S.C. 2667(d)(1) are appropriated and shall be available

8 until transferred by the Secretary of Defense to current ap9 plicable appropriations or funds of the Department of De10 fense under the terms and conditions specified by 40 U.S.C.

11 485(h)(2) (A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be

12 merged with and to be available for the same time period

13 and the same purposes as the appropriation to which trans14 ferred.

15 SEC. 8043. During the current fiscal year, appropria16 tions available to the Department of Defense may be used

17 to reimburse a member of a reserve component of the Armed

18 Forces who is not otherwise entitled to travel and transpor19 tation allowances and who occupies transient government

20 housing while performing active duty for training or inac21 tive duty training: Provided, That such members may be

22 provided lodging in kind if transient government quarters

23 are unavailable as if the member was entitled to such allow24 ances under subsection (a) of section 404 of title 37, United

25 States Code: Provided further, That if lodging in kind is
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1 provided, any authorized service charge or cost of such lodg2 ing may be paid directly from funds appropriated for oper3 ation and maintenance of the reserve component of the

4 member concerned.

5 SEC. 8044. Notwithstanding any other provision of

6 law, funds available for ‘‘Drug Interdiction and Counter7 Drug Activities, Defense’’ may be obligated for the Young

8 Marines program.

9 SEC. 8045. During the current fiscal year, amounts

10 contained in the Department of Defense Overseas Military

11 Facility Investment Recovery Account established by section

12 2921(c)(1) of the National Defense Authorization Act of

13 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be

14 available until expended for the payments specified by sec15 tion 2921(c)(2) of that Act.

16 SEC. 8046. During the current fiscal year and here17 after, annual payments granted under the provisions of sec18 tion 4416 of the National Defense Authorization Act for Fis19 cal Year 1993 (Public Law 102–428; 106 Stat. 2714) shall

20 be made from appropriations in this Act which are avail21 able for the pay of reserve component personnel.

22 SEC. 8047. Of the funds appropriated or otherwise

23 made available by this Act, not more than $119,200,000

24 shall be available for payment of the operating costs of

25 NATO Headquarters: Provided, That the Secretary of De-
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1 fense may waive this section for Department of Defense sup2 port provided to NATO forces in and around the former

3 Yugoslavia.

4 SEC. 8048. During the current fiscal year, appropria5 tions which are available to the Department of Defense for

6 operation and maintenance may be used to purchase items

7 having an investment item unit cost of not more than

8 $100,000.

9 SEC. 8049. During the current fiscal year and here10 after, appropriations available for the pay and allowances

11 of active duty members of the Armed Forces shall be avail12 able to pay the retired pay which is payable pursuant to

13 section 4403 of Public Law 102–484 (10 U.S.C. 1293 note)

14 under the terms and conditions provided in section 4403.

15 SEC. 8050. (a) During the current fiscal year, none

16 of the appropriations or funds available to the Defense

17 Business Operations Fund shall be used for the purchase

18 of an investment item for the purpose of acquiring a new

19 inventory item for sale or anticipated sale during the cur20 rent fiscal year or a subsequent fiscal year to customers of

21 the Defense Business Operations Fund if such an item

22 would not have been chargeable to the Defense Business Op23 erations Fund during fiscal year 1994 and if the purchase

24 of such an investment item would be chargeable during the
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1 current fiscal year to appropriations made to the Depart2 ment of Defense for procurement.

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 shall be prepared and submitted

7 to the Congress on the basis that any equipment which was

8 classified as an end item and funded in a procurement ap9 propriation contained in this Act shall be budgeted for in

10 a proposed fiscal year 1998 procurement appropriation and

11 not in the supply management business area or any other

12 area or category of the Defense Business Operations Fund.

13 SEC. 8051. None of the funds provided in this Act shall

14 be available for use by a Military Department to modify

15 an aircraft, weapon, ship or other item of equipment, that

16 the Military Department concerned plans to retire or other17 wise dispose of within five years after completion of the

18 modification: Provided, That this prohibition shall not

19 apply to safety modifications: Provided further, That this

20 prohibition may be waived by the Secretary of a Military

21 Department if the Secretary determines it is in the best na22 tional security interest of the United States to provide such

23 waiver and so notifies the congressional defense committees

24 in writing.
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1 SEC. 8052. None of the funds appropriated by this Act

2 for programs of the Central Intelligence Agency shall re3 main available for obligation beyond the current fiscal year,

4 except for funds appropriated for the Reserve for Contin5 gencies, which shall remain available until September 30,

6 1998.

7 SEC. 8053. Notwithstanding any other provision of

8 law, funds made available in this Act for the Defense Intel9 ligence Agency may be used for the design, development, and

10 deployment of General Defense Intelligence Program intel11 ligence communications and intelligence information sys12 tems for the Services, the Unified and Specified Commands,

13 and the component commands.

14 SEC. 8054. Of the funds appropriated to the Depart15 ment of Defense under the heading ‘‘Operation and Mainte16 nance, Defense-Wide’’, not less than $8,000,000 shall be

17 made available only for the mitigation of environmental

18 impacts, including training and technical assistance to

19 tribes, related administrative support, the gathering of in20 formation, documenting of environmental damage, and de21 veloping a system for prioritization of mitigation, on In22 dian lands resulting from Department of Defense activities.

23 SEC. 8055. Amounts collected for the use of the facili24 ties of the National Science Center for Communications and

25 Electronics during the current fiscal year pursuant to sec-
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1 tion 1459(g) of the Department of Defense Authorization

2 Act, 1986 and deposited to the special account established

3 under subsection 1459(g)(2) of that Act are appropriated

4 and shall be available until expended for the operation and

5 maintenance of the Center as provided for in subsection

6 1459(g)(2).

7 SEC. 8056. None of the funds appropriated in this Act

8 may be used to fill the commander’s position at any mili9 tary medical facility with a health care professional unless

10 the prospective candidate can demonstrate professional ad11 ministrative skills.

12 SEC. 8057. None of the funds appropriated in this Act

13 may be expended by an entity of the Department of Defense

14 unless the entity, in expending the funds, complies with the

15 Buy American Act. For purposes of this subsection, the term

16 ‘‘Buy American Act’’ means title III of the Act entitled ‘‘An

17 Act making appropriations for the Treasury and Post Of18 fice Departments for the fiscal year ending June 30, 1934,

19 and for other purposes’’, approved March 3, 1933 (41

20 U.S.C. 10a et seq.).

21 SEC. 8058. None of the funds appropriated by this Act

22 shall be available for a contract for studies, analyses, or

23 consulting services entered into without competition on the

24 basis of an unsolicited proposal unless the head of the activ25 ity responsible for the procurement determines—
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1 (1) as a result of thorough technical evaluation,

2 only one source is found fully qualified to perform the

3 proposed work, or

4 (2) the purpose of the contract is to explore an

5 unsolicited proposal which offers significant scientific

6 or technological promise, represents the product of

7 original thinking, and was submitted in confidence

8 by one source, or

9 (3) the purpose of the contract is to take advan10 tage of unique and significant industrial accomplish11 ment by a specific concern, or to insure that a new

12 product or idea of a specific concern is given finan13 cial support:

14 Provided, That this limitation shall not apply to contracts

15 in an amount of less than $25,000, contracts related to im16 provements of equipment that is in development or produc17 tion, or contracts as to which a civilian official of the De18 partment of Defense, who has been confirmed by the Senate,

19 determines that the award of such contract is in the interest

20 of the national defense.

21 SEC. 8059. Of the funds provided in title VI, under

22 the heading ‘‘Chemical Agents and Munitions Destruction,

23 Defense’’, $40,000,000 shall only be available for the initi24 ation of a pilot program to identify and demonstrate not

25 less than two alternatives to the baseline incineration proc-
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1 ess for the demilitarization of assembled chemical muni2 tions: Provided, That the Under Secretary of Defense for

3 Acquisition and Technology shall, not later than November

4 1, 1996, designate a program executive officer to carry out

5 the pilot program who is not, nor has been, in direct or

6 immediate control of the baseline reverse assembly inciner7 ation demilitarization program: Provided further, That the

8 Under Secretary of Defense for Acquisition and Technology

9 shall evaluate the effectiveness of each alternative chemical

10 munitions demilitarization technology identified and dem11 onstrated under the pilot program to demilitarize assembled

12 chemical munitions while meeting all applicable Federal

13 and State environmental and safety requirements: Provided

14 further, That the Under Secretary of Defense for Acquisition

15 and Technology shall transmit, by December 15 of each

16 year, a report to the congressional defense committees on

17 the activities carried out under the pilot program during

18 the preceding fiscal year in which the report is to be made:

19 Provided further, That no funds may be obligated for the

20 initiation of construction of a baseline incineration facility

21 at the Lexington Blue Grass Army Depot or the Pueblo

22 Depot activity until 180 days after the Secretary of Defense

23 has submitted to the congressional defense committees a re24 port detailing the effectiveness of each alternative chemical

25 munitions demilitarization technology identified and dem-
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1 onstrated under the pilot program and its ability to meet

2 the applicable safety and environmental requirements.

3 SEC. 8060. Notwithstanding any other provision of

4 law, the Secretary of Defense may, when he considers it in

5 the best interest of the United States, cancel any part of

6 an indebtedness, up to $2,500, that is or was owed to the

7 United States by a member or former member of a uni8 formed service if such indebtedness, as determined by the

9 Secretary, was incurred in connection with Operation

10 Desert Shield/Storm: Provided, That the amount of an in11 debtedness previously paid by a member or former member

12 and canceled under this section shall be refunded to the

13 member.

14 SEC. 8061. Notwithstanding any other provision of

15 law, the Department of Defense is authorized to enter into

16 interim leasing arrangements for the Naval Air Facility,

17 Adak, for commercial reutilization of Department of De18 fense infrastructure and facilities consistent with the 1990

19 Defense Base Closure and Realignment Commission Act of

20 1990 (Public Law 101–510, as amended).

21 (RESCISSIONS)

22 SEC. 8062. Of the funds provided in Department of

23 Defense Appropriations Acts, the following funds are hereby

24 rescinded from the following accounts in the specified

25 amounts:
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1 ‘‘Missile Procurement, Air Force, 1995/1997’’,

2 $31,900,000;

3 ‘‘Missile Procurement, Air Force, 1996/1998’’,

4 $20,000,000;

5 ‘‘Research, Development, Test and Evaluation,

6 Air Force, 1996/1997’’, $75,000,000.

7 SEC. 8063. Of the funds appropriated in the Depart8 ment of Defense Appropriations Act, 1996 (Public Law

9 104–61), under the heading ‘‘Other Procurement, Army’’,

10 the Department of the Army shall grant $477,000 to the

11 Kansas Unified School District 207 for the purpose of inte12 grating schools at Fort Leavenworth into the existing fiber

13 optic network on post.

14 SEC. 8064. None of the funds available in this Act may

15 be used to reduce the authorized positions for military (ci16 vilian) technicians of the Army National Guard, the Air

17 National Guard, Army Reserve and Air Force Reserve for

18 the purpose of applying any administratively imposed ci19 vilian personnel ceiling, freeze, or reduction on military (ci20 vilian) technicians, unless such reductions are a direct re21 sult of a reduction in military force structure.

22 SEC. 8065. None of the funds appropriated or other23 wise made available in this Act may be obligated or ex24 pended for assistance to the Democratic People’s Republic
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1 of North Korea unless specifically appropriated for that

2 purpose.

3 SEC. 8066. During the current fiscal year, funds ap4 propriated in this Act are available to compensate members

5 of the National Guard for duty performed pursuant to a

6 plan submitted by a Governor of a State and approved by

7 the Secretary of Defense under section 112 of title 32, Unit8 ed States Code: Provided, That during the performance of

9 such duty, the members of the National Guard shall be

10 under State command and control: Provided further, That

11 such duty shall be treated as full-time National Guard duty

12 for purposes of sections 12602 (a)(2) and (b)(2) of title 10,

13 United States Code.

14 SEC. 8067. Funds appropriated in this Act for oper15 ation and maintenance of the Military Departments, Uni16 fied and Specified Commands and Defense Agencies shall

17 be available for reimbursement of pay, allowances and other

18 expenses which would otherwise be incurred against appro19 priations for the National Guard and Reserve when mem20 bers of the National Guard and Reserve provide intelligence

21 support to Unified Commands, Defense Agencies and Joint

22 Intelligence Activities, including the activities and pro23 grams included within the General Defense Intelligence

24 Program and the Consolidated Cryptologic Program: Pro25 vided, That nothing in this section authorizes deviation
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1 from established Reserve and National Guard personnel and

2 training procedures.

3 SEC. 8068. During the current fiscal year, none of the

4 funds appropriated in this Act may be used to reduce the

5 civilian medical and medical support personnel assigned to

6 military treatment facilities below the September 30, 1996

7 level.

8 SEC. 8069. All refunds or other amounts collected in

9 the administration of the Civilian Health and Medical Pro10 gram of the Uniformed Services (CHAMPUS) shall be cred11 ited to current year appropriations.

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8070. None of the funds appropriated in this Act

14 may be transferred to or obligated from the Pentagon Res15 ervation Maintenance Revolving Fund, unless the Secretary

16 of Defense certifies that the total cost for the planning, de17 sign, construction and installation of equipment for the ren18 ovation of the Pentagon Reservation will not exceed

19 $1,118,000,000.

20 SEC. 8071. (a) None of the funds available to the De21 partment of Defense for any fiscal year for drug interdic22 tion or counter-drug activities may be transferred to any

23 other department or agency of the United States except as

24 specifically provided in an appropriations law.

25 (b) None of the funds available to the Central Intel26 ligence Agency for any fiscal year for drug interdiction and
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1 counter-drug activities may be transferred to any other de2 partment or agency of the United States except as specifi3 cally provided in an appropriations law.

4 (TRANSFER OF FUNDS)

5 SEC. 8072. Appropriations available in this Act under

6 the heading ‘‘Operation and Maintenance, Defense-Wide’’

7 for increasing energy and water efficiency in Federal build8 ings may, during its period of availability, be transferred

9 to other appropriations or funds of the Department of De10 fense for projects related to increasing energy and water ef11 ficiency, to be merged with and to be available for the same

12 general purposes, and for the same time period, as the ap13 propriation or fund to which transferred.

14 SEC. 8073. Notwithstanding any other provision of

15 law, funds available to the Department of Defense shall be

16 made available to provide transportation of medical sup17 plies and equipment, on a nonreimbursable basis, to Amer18 ican Samoa: Provided, That notwithstanding any other

19 provision of law, funds available to the Department of De20 fense shall be made available to provide transportation of

21 medical supplies and equipment, on a nonreimbursable

22 basis, to the Indian Health Service when it is in conjunc23 tion with a civil-military project.

24 SEC. 8074. Notwithstanding any other provision of

25 law, the Naval shipyards of the United States shall be eligi-
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1 ble to participate in any manufacturing extension program

2 financed by funds appropriated in this or any other Act.

3 (TRANSFER OF FUNDS)

4 SEC. 8075. In addition to amounts appropriated or

5 otherwise made available by this Act, $300,000,000 is here6 by appropriated to the Department of Defense and shall be

7 available only for transfer to the United States Coast

8 Guard.

9 SEC. 8076. Notwithstanding any other provision of

10 law, each contract awarded by the Department of Defense

11 during the current fiscal year for construction or service

12 performed in whole or in part in a State which is not con13 tiguous with another State and has an unemployment rate

14 in excess of the national average rate of unemployment as

15 determined by the Secretary of Labor, shall include a provi16 sion requiring the contractor to employ, for the purpose of

17 performing that portion of the contract in such State that

18 is not contiguous with another State, individuals who are

19 residents of such State and who, in the case of any craft

20 or trade, possess or would be able to acquire promptly the

21 necessary skills: Provided, That the Secretary of Defense

22 may waive the requirements of this section, on a case-by23 case basis, in the interest of national security.

24 SEC. 8077. Notwithstanding any other provision of

25 law, within the funds available in this Act, the Secretary

26 of the Air Force may enter into agreements to modify leases
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1 of housing units being constructed if deemed to be in the

2 best interest of the Department. The housing units shall be

3 assigned, without rental charge, as family housing to mem4 bers of the Armed Forces who are eligible for assignment

5 to military family housing.

6 SEC. 8078. (a) The Secretary of Defense shall submit,

7 on a quarterly basis, a report to the congressional defense

8 committees, the Committee on International Relations of

9 the House of Representatives and the Committee on Foreign

10 Relations of the Senate setting forth all costs (including in11 cremental costs) incurred by the Department of Defense

12 during the preceding quarter in implementing or support13 ing resolutions of the United Nations Security Council, in14 cluding any such resolution calling for international sanc15 tions, international peacekeeping operations, and humani16 tarian missions undertaken by the Department of Defense.

17 The quarterly report shall include an aggregate of all such

18 Department of Defense costs by operation or mission.

19 (b) The Secretary of Defense shall detail in the quar20 terly reports all efforts made to seek credit against past

21 United Nations expenditures and all efforts made to seek

22 compensation from the United Nations for costs incurred

23 by the Department of Defense in implementing and sup24 porting United Nations activities.
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1 SEC. 8079. To the extent authorized by subchapter VI

2 of Chapter 148 of title 10, United States Code, the Secretary

3 of Defense shall issue loan guarantees in support of U.S.

4 defense exports not otherwise provided for: Provided, That

5 the total contingent liability of the United States for guar6 antees issued under the authority of this section may not

7 exceed $15,000,000,000: Provided further, That the exposure

8 fees charged and collected by the Secretary for each guaran9 tee, shall be paid by the country involved and shall not be

10 financed as part of a loan guaranteed by the United States:

11 Provided further, That the Secretary shall provide quarterly

12 reports to the Committees on Appropriations, Armed Serv13 ices and Foreign Relations of the Senate and the Commit14 tees on Appropriations, National Security and Inter15 national Relations in the House of Representatives on the

16 implementation of this program: Provided further, That

17 amounts charged for administrative fees and deposited to

18 the special account provided for under section 2540c(d) of

19 title 10, shall be available for paying the costs of adminis20 trative expenses of the Department of Defense that are at21 tributable to the loan guarantee program under subchapter

22 VI of Chapter 148 of title 10.

23 SEC. 8080. None of the funds available to the Depart24 ment of Defense shall be obligated or expended to make a

25 financial contribution to the United Nations for the cost
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1 of an United Nations peacekeeping activity (whether pursu2 ant to assessment or a voluntary contribution) or for pay3 ment of any United States arrearage to the United Nations.

4 SEC. 8081. None of the funds available to the Depart5 ment of Defense under this Act shall be obligated or ex6 pended to pay a contractor under a contract with the De7 partment of Defense for costs of any amount paid by the

8 contractor to an employee when—

9 (1) such costs are for a bonus or otherwise in ex10 cess of the normal salary paid by the contractor to the

11 employee; and

12 (2) such bonus is part of restructuring costs asso13 ciated with a business combination.

14 SEC. 8082. (a) None of the funds appropriated or oth15 erwise made available in this Act may be used to transport

16 or provide for the transportation of chemical munitions or

17 agents to the Johnston Atoll for the purpose of storing or

18 demilitarizing such munitions or agents.

19 (b) The prohibition in subsection (a) shall not apply

20 to any obsolete World War II chemical munition or agent

21 of the United States found in the World War II Pacific

22 Theater of Operations.

23 (c) The President may suspend the application of sub24 section (a) during a period of war in which the United

25 States is a party.
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1 SEC. 8083. During the current fiscal year, appropria2 tions made in this Act under the heading ‘‘Operation and

3 Maintenance, Defense-Wide’’ may be transferred to appro4 priations available for the pay of military personnel, to be

5 merged with, and to be available for the same time period

6 as the appropriations to which transferred, to be used for

7 the purposes of expenses incurred in connection with a pilot

8 program to increase the use of Reserve personnel in support

9 of missions of the Armed Forces and for the use of such

10 personnel in connection with support and services for eligi11 ble organizations and activities outside the Department of

12 Defense pursuant to section 2012 of title 10, United States

13 Code.

14 SEC. 8084. None of the funds provided in this Act may

15 be obligated or expended for the sale of zinc in the National

16 Defense Stockpile if zinc commodity prices decline more

17 than five percent below the London Metals Exchange market

18 price reported on the date of enactment of this Act.

19 SEC. 8085. For purposes of section 1553(b) of title 31,

20 United States Code, any subdivision of appropriations

21 made in this Act under the heading ‘‘Shipbuilding and

22 Conversion, Navy’’ shall be considered to be for the same

23 purpose as any subdivision under the heading ‘‘Shipbuild24 ing and Conversion, Navy’’ appropriations in any prior
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1 year, and the one percent limitation shall apply to the total

2 amount of the appropriation.

3 SEC. 8086. During the current fiscal year, and not4 withstanding 31 U.S.C. 1552(a), not more than

5 $107,000,000 appropriated under the heading ‘‘Aircraft

6 Procurement, Air Force’’ in Public Law 101–511 and not

7 more than $15,000,000 appropriated under the heading

8 ‘‘Aircraft Procurement, Air Force’’ in Public Law 102–172

9 which were available and obligated for the B–2 Aircraft

10 Program shall remain available for expenditure and for ad11 justing obligations for such Program until September 30,

12 2002.

13 SEC. 8087. During the current fiscal year, in the case

14 of an appropriation account of the Department of Defense

15 for which the period of availability for obligation has ex16 pired or which has closed under the provisions of section

17 1552 of title 31, United States Code, and which has a nega18 tive unliquidated or unexpended balance, an obligation or

19 an adjustment of an obligation may be charged to any cur20 rent appropriation account for the same purpose as the ex21 pired or closed account if—

22 (1) the obligation would have been properly

23 chargeable (except as to amount) to the expired or

24 closed account before the end of the period of avail25 ability or closing of that account;
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1 (2) the obligation is not otherwise properly

2 chargeable to any current appropriation account of

3 the Department of Defense; and

4 (3) in the case of an expired account, the obliga5 tion is not chargeable to a current appropriation of

6 the Department of Defense under the provisions of sec7 tion 1405(b)(8) of the National Defense Authorization

8 Act for Fiscal Year 1991, Public Law 101–510, as

9 amended (31 U.S.C. 1551 note): Provided, That in

10 the case of an expired account, if subsequent review

11 or investigation discloses that there was not in fact a

12 negative unliquidated or unexpended balance in the

13 account, any charge to a current account under the

14 authority of this section shall be reversed and re15 corded against the expired account: Provided further,

16 That the total amount charged to a current appro17 priation under this section may not exceed an

18 amount equal to one percent of the total appropria19 tion for that account.

20 (TRANSFER OF FUNDS)

21 SEC. 8088. Upon enactment of this Act, the Secretary

22 of Defense shall make the following transfers of funds: Pro23 vided, That the amounts transferred shall be available for

24 the same purposes as the appropriations to which trans25 ferred, and for the same time period as the appropriation

26 from which transferred: Provided further, That the amounts
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1 shall be transferred between the following appropriations in

2 the amount specified:

3 From:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1985/1995’’:

6 For craft, outfitting, and post delivery,

7 $2,000,000;

8 To:

9 Under the heading, ‘‘Shipbuilding and Conver10 sion, Navy, 1985/1995’’:

11 DDG–51 Destroyer program, $2,000,000;

12 From:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1986/1996’’:

15 LHD–1 amphibious assault ship program,

16 $2,154,000;

17 To:

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1986/1996’’:

20 For craft, outfitting and post delivery,

21 $2,154,000;

22 From:

23 Under the heading, ‘‘Shipbuilding and Conver24 sion, Navy, 1987/1996’’:

25 T–AO fleet oiler program, $1,095,000;
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1 Oceanographic ship program, $735,000;

2 To:

3 Under the heading, ‘‘Shipbuilding and Conver4 sion, Navy, 1987/1996’’:

5 For craft, outfitting, and post delivery,

6 $1,830,000;

7 From:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1989/2000’’:

10 T–AO fleet oiler program, $6,571,000;

11 To:

12 Under the heading, ‘‘Shipbuilding and Conver13 sion, Navy, 1989/2000’’:

14 SSN–21 attack submarine program,

15 $6,571,000;

16 From:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1991/2001’’:

19 DDG–51 destroyer program, $12,687,000;

20 To:

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 1991/2001’’:

23 LHD–1 amphibious assault ship program,

24 $9,387,000;
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1 MHC coastal mine hunter program,

2 $3,300,000;

3 From:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1992/1996’’:

6 For escalation, $1,600,000;

7 To:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1992/1996’’:

10 MHC coastal mine hunter program,

11 $1,600,000;

12 From:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1993/1997’’:

15 DDG–51 destroyer program, $5,000,000;

16 LSD–41 cargo variant ship program,

17 $2,700,000;

18 For craft, outfitting, post delivery, and first

19 destination transportation, and inflation adjust20 ments, $1,577,000;

21 To:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1993/1997’’:

24 AOE combat support ship program,

25 $9,277,000;
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1 From:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1995/1999’’:

4 Carrier replacement program, $18,023,000;

5 To:

6 Under the heading, ‘‘Shipbuilding and Conver7 sion, Navy, 1993/1997’’:

8 MHC coastal mine hunter program,

9 $6,700,000;

10 AOE combat support ship program,

11 $11,323,000;

12 From:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1994/1998’’:

15 LHD–1 amphibious assault ship program,

16 $4,100,000;

17 Mine warfare command and control ship,

18 $1,000,000;

19 For craft, outfitting, post delivery, and first

20 destination transportation, $2,000,000;

21 From:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1995/1999’’:

24 Carrier replacement program, $9,477,000;

25 From:
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1 Under the heading, ‘‘Shipbuilding and Conver2 sion, Navy, 1996/2000’’:

3 NSSN–1 (AP), $3,791,000;

4 DDG–51 destroyer program, $4,075,000;

5 CVN Refuelings, $5,212,000;

6 T–AGS–64 multi-purpose oceanographic

7 survey ship, $375,000;

8 For craft, outfitting, post delivery, conver9 sions and first destination transportation,

10 $11,770,000;

11 To:

12 Under the heading, ‘‘Shipbuilding and Conver13 sion, Navy, 1994/1998’’:

14 DDG–51 destroyer program, $41,800,000.

15 SEC. 8089. (a) The Secretary of Defense shall require

16 not later than June 30, 1997, each disbursement by the De17 partment of Defense in an amount in excess of $3,000,000

18 be matched to a particular obligation before the disburse19 ment is made.

20 (b) The Secretary shall ensure that a disbursement in

21 excess of the threshold amount applicable under section (a)

22 is not divided into multiple disbursements of less than that

23 amount for the purpose of avoiding the applicability of such

24 section to that disbursement.
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1 SEC. 8090. The Under Secretary of Defense (Comptrol2 ler) shall submit to the Congressional defense committees

3 a detailed report identifying, by amount and by separate

4 budget activity, activity group, subactivity group, line

5 item, program element, program, project, subproject, and

6 activity, any activity for which the fiscal year 1998 budget

7 request was reduced because Congress appropriated funds

8 above the President’s budget request for that specific activ9 ity for fiscal year 1997.

10 SEC. 8091. Notwithstanding any other provision of

11 law, of the funds appropriated under the heading ‘‘Aircraft

12 Procurement, Navy’’ in Public Law 104–61, $45,000,000

13 shall be made available only for procurement of T–39N air14 craft, simulators, and support equipment currently used for

15 training naval flight officers under an existing contract.

16 SEC. 8092. Notwithstanding 31 U.S.C. 1552(a), of the

17 funds provided in Department of Defense Appropriations

18 Acts, not more than the specified amounts of funds from

19 the following accounts shall remain available for the pay20 ment of satellite on-orbit incentive fees until the fees are

21 paid:

22 ‘‘Missile Procurement, Air Force, 1990/1992’’,

23 $17,800,000;

24 ‘‘Missile Procurement, Air Force, 1991/1993’’,

25 $19,330,000;
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1 ‘‘Missile Procurement, Air Force, 1992/1994’’,

2 $23,570,000;

3 ‘‘Missile Procurement, Air Force, 1993/1995’’,

4 $16,780,000;

5 ‘‘Missile Procurement, Air Force, 1994/1996’’,

6 $16,780,000.

7 SEC. 8093. (a) Notwithstanding any other provision

8 of law, of the amounts available to the Department of De9 fense (department) during fiscal year 1997, not more than

10 $1,162,650,000 may be obligated for financing activities of

11 defense federally funded research and development centers

12 (FFRDCs): Provided, That of the specific amount referred

13 to previously in this subsection, not more than

14 $206,650,000 may be obligated for financing activities of

15 the defense studies and analysis FFRDCs: Provided further,

16 That the total amounts appropriated in titles II, III, and

17 IV of this Act are hereby reduced by $52,286,000 to reflect

18 the overall funding ceiling contained in this subsection.

19 (b) Within 60 days after enactment of this Act, the

20 Secretary of Defense shall submit to the Congressional de21 fense committees a report presenting the specific amounts—

22 in dollars and staff years of technical effort—to be allocated

23 by the department for each defense FFRDC during fiscal

24 year 1997.
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1 (c) The Secretary of Defense shall, with the submission

2 of the department’s fiscal year 1998 budget request, submit

3 a report presenting the specific amounts—in dollars and

4 staff years of technical effort—to be allocated for each de5 fense FFRDC during that fiscal year.

6 (d) The Secretary of Defense may, pursuant to the gen7 eral transfer authority granted in Section 8005 of this Act,

8 provide additional funds to a defense FFRDC: Provided,

9 That any such transfer, irrespective of amount, shall be sub10 ject to a Form DD–1415 reprogramming action request.

11 SEC. 8094. None of the funds available to the Depart12 ment of the Navy may be used to enter into any contract

13 for the overhaul, repair, or maintenance of any naval vessel

14 homeported on the West Coast of the United States which

15 includes charges for interport differential as an evaluation

16 factor for award.

17 SEC. 8095. Notwithstanding any other provision of

18 law, none of the funds appropriated in this Act may be

19 used to purchase, install, replace, or otherwise repair any

20 lock on a safe or security container which protects informa21 tion critical to national security or any other classified ma22 terials and which has not been certified as passing the secu23 rity lock specifications contained in regulation FF–L–2740

24 dated October 12, 1989, and has not passed all testing cri25 teria and procedures established through February 28,
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1 1992: Provided, That the Director of Central Intelligence

2 may waive this provision, on a case-by-case basis only,

3 upon certification that the above cited locks are not ade4 quate for the protection of sensitive intelligence informa5 tion.

6 SEC. 8096. (a) None of the funds available to the De7 partment of Defense during fiscal year 1997 may be obli8 gated or expended to modify established reprogramming

9 procedures, including modifying the below threshold re10 programming dollar thresholds, until 90 days after any

11 proposed modification is reported to the Congressional de12 fense committees along with a detailed justification for that

13 proposed modification.

14 (b) The Department of Defense may not modify its

15 policies with respect to budgeting for low rate initial pro16 duction test articles until 90 days after any proposed modi17 fication is reported to the Congressional defense committees

18 along with a detailed justification for that proposed modi19 fication.

20 (c) For the purposes of this section, the terms ‘‘estab21 lished reprogramming procedures’’ and the terms ‘‘policies

22 with respect to budgeting for low rate initial production

23 test articles’’ refer to those procedures and policies which

24 were in effect on January 1, 1996.
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1 (TRANSFER OF FUNDS)

2 SEC. 8097. Of the funds provided in title IV of this

3 Act, $93,000,000 shall be made available for prostate cancer

4 research: Provided, That these funds shall be transferred to

5 the Department of the Army for the execution of a peer re6 view research program: Provided further, That the transfer

7 authority provided in this section is in addition to any

8 transfer authority contained elsewhere in this Act.

9 SEC. 8098. Section 8110 of Public Law 104–61 (109

10 Stat. 674) is hereby repealed.

11 SEC. 8099. (a) Notwithstanding any other provision

12 of this Act, the number for Military Personnel, Navy shall

13 be $16,948,481,000, the number for Military Personnel, Air

14 Force shall be $17,026,210,000, the number for Operation

15 and Maintenance, Army shall be $17,696,659,000, the num16 ber for Operation and Maintenance, Air Force shall be

17 $17,326,909,000, the number for Operation and Mainte18 nance, Defense-Wide shall be $9,887,142,000, the number

19 for Overseas Contingency Operations Transfer Fund shall

20 be $1,140,157,000, the number for Defense Health Program

21 shall be $10,251,208,000, and the number for Defense

22 Health Program Operation and Maintenance shall be

23 $9,931,738,000.
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1 (b) Of the funds appropriated under the heading Air2 craft Procurement, Air Force, $11,500,000 shall be made

3 available only for modifications to B–52 bomber aircraft.

4 (c) Of the funds appropriated in title VI of this Act,

5 under the heading Chemical Agents and Munitions Destruc6 tion, Defense for research, development, test and evaluation,

7 $3,000,000 shall only be for the accelerated development of

8 advanced sensors for the Army’s Mobile Munitions Assess9 ment System.

10 (d) Of the funds appropriated in title IV of this Act,

11 under the heading Research, Development, Test and Eval12 uation, Defense-Wide, $56,200,000 shall be available for the

13 Corps Surface-to-Air Missile (CORPS SAM) program and

14 $515,743,000 shall be available for the Other Theater Mis15 sile Defense/Follow-On TMD Activities program.

16 (e) Funds appropriated in title II of this Act for super17 vision and administration costs for facilities maintenance

18 and repair, minor construction, or design projects may be

19 obligated at the time the reimbursable order is accepted by

20 the performing activity: Provided, That for the purpose of

21 this section, supervision and administration costs includes

22 all in-house Government cost.

23 (f) Of the funds appropriated in title IV of this Act,

24 under the heading Research, Development, Test and Eval-
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1 uation, Navy, $2,000,000 is available for titanium process2 ing technology.

3 (g) Advance billing for services provided or work per4 formed by the Navy’s defense business operating fund activi5 ties is prohibited: Provided, That of the funds appropriated

6 under the heading Operation and Maintenance, Navy,

7 $2,976,000,000 shall be available only for depot mainte8 nance activities and programs, and $989,700,000 shall be

9 available only for real property maintenance activities.

10 (h) The Secretary of Defense may waive reimburse11 ment of the cost of conferences, seminars, courses of instruc12 tion, or similar educational activities of the Asia-Pacific

13 Center for Security Studies for military officers and civil14 ian officials of foreign nations if the Secretary determines

15 that attendance by such personnel, without reimbursement,

16 is in the national security interest of the United States:

17 Provided, That costs for which reimbursement is waived

18 pursuant to this subsection shall be paid from appropria19 tions available for the Asia-Pacific Center.

20 (i) Of the funds appropriated in title IV of this Act,

21 under the heading Research, Development, Test and Eval22 uation, Defense-Wide, $3,000,000 shall be available for a

23 defense technology transfer pilot program.

24 (j) 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, Navy, $4,000,000 is available for the establishment

2 of the National Coastal Data Centers required by section

3 7901(c) of title 10, United States Code, as added by the

4 National Defense Authorization Act for fiscal year 1997.

5 (k)(1) Of the amounts appropriated or otherwise made

6 available by this Act for the Department of the Air Force,

7 $2,000,000 shall be available to provide comprehensive care

8 and rehabilitation services to children with disabilities who

9 are dependents of members of the Armed Forces at Lackland

10 Air Force Base, Texas.

11 (2) Subject to paragraph (3), the Secretary of the Air

12 Force shall grant the funds available under subsection (a)

13 to the Children’s Association for Maximum Potential

14 (CAMP) for use by the association to defray the costs of

15 designing and constructing the facility referred to in para16 graph (1).

17 (3)(A) The Secretary may not make a grant of funds

18 under paragraph (2) until the Secretary and the associa19 tion enter into an agreement under which the Secretary

20 leases to the association the facility to be constructed using

21 the funds.

22 (B)(i) The term of the lease under paragraph (1) may

23 not be less than 25 years.

24 (ii) As consideration for the lease of the facility, the

25 association shall assume responsibility for the operation
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1 and maintenance of the facility, including the costs of such

2 operation and maintenance.

3 (C) The Secretary may require such additional terms

4 and conditions in connection with the lease as the Secretary

5 considers appropriate to protect the interests of the United

6 States.

7 SEC. 8100. None of the funds appropriated by this Act

8 may be obligated or expended—

9 (1) to reduce the number of units of special oper10 ations forces of the Army National Guard during fis11 cal year 1997;

12 (2) to reduce the authorized strength of any such

13 unit below the strength authorized for the unit as of

14 September 30, 1996; or

15 (3) to apply any administratively imposed limi16 tation on the assigned strength of any such unit at

17 less than the strength authorized for that unit as of

18 September 30, 1996.

19 SEC. 8101. (a) The Secretary of the Army shall ensure

20 that solicitations for contracts for unrestricted procurement

21 to be entered into using funds appropriated for the Army

22 by this Act include, where appropriate, specific goals for

23 subcontracts with small businesses, small disadvantages

24 businesses, and women owned small businesses.
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1 (b) The Secretary shall ensure that any subcontract en2 tered into pursuant to a solicitation referred to in sub3 section (a) that meets a specific goal referred to in that sub4 section is credited toward the overall goal of the Army for

5 subcontracts with the businesses referred to in that sub6 section.

7 SEC. 8102. (a) The Secretary of the Air Force and the

8 Director of the Office of Personnel Management shall submit

9 a joint report describing in detail the benefits, allowances,

10 services, and any other forms of assistance which may or

11 shall be provided to any civilian employee of the Federal

12 Government or to any private citizen, or to the family of

13 such an individual, who is injured or killed while traveling

14 on an aircraft owned, leased, chartered, or operated by the

15 Government of the United States.

16 (b) The report required by subsection (a) above shall

17 be submitted to the congressional defense committees and

18 to the Committee on Governmental Affairs of the Senate

19 and the Committee on Government Reform and Oversight

20 of the House of Representatives not later than December 15,

21 1996.

22 SEC. 8103. (a) Not later than March 1, 1997, the Dep23 uty Secretary of Defense shall submit to the defense commit24 tees a report on Department of Defense procurements of pro25 pellant raw materials.
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1 (b) The report shall include the following:

2 (1) The projected future requirements of the De3 partment of Defense for propellant raw materials,

4 such as nitrocellulose.

5 (2) The capacity, ability, and production cost

6 rates of the national technology and industrial base,

7 including Government-owned, contractor-operated fa8 cilities, contractor owned and operated facilities, and

9 Government-owned, Government-operated facilities,

10 for meeting such requirements.

11 (3) The national security benefits of preserving

12 in the national technology and industrial base con13 tractor owned and operated facilities for producing

14 propellant raw materials, including nitrocellulose.

15 (4) The extent to which the cost rates for produc16 tion of nitrocellulose in Government-owned, contrac17 tor-operated facilities is lower because of the relation18 ship of those facilities with the Department of Defense

19 than such rates would be without that relationship.

20 (5) The advantages and disadvantages of permit21 ting commercial facilities to compete for award of De22 partment of Defense contracts for procurement of pro23 pellant raw materials, such as nitrocellulose.

24 SEC. 8104. Not later than six months after the date

25 of the enactment of this Act, the Secretary of the Air Force
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1 shall submit to Congress a cost-benefit analysis of consoli2 dating the ground station infrastructure of the Air Force

3 that supports polar orbiting satellites.

4 SEC. 8105. (a) Not later than April 1, 1997, the Comp5 troller General shall, in consultation with the Inspector

6 General of the Department of Defense, the Secretary of De7 fense, and the Secretary of Labor, submit to Congress a re8 port which shall include the following—

9 (1) an analysis and breakdown of the restructur10 ing costs paid by or submitted to the Department of

11 Defense to companies involved in business combina12 tions since 1993;

13 (2) an analysis of the specific costs associated

14 with workforce reductions;

15 (3) an analysis of the services provided to the

16 workers affected by business combinations;

17 (4) an analysis of the effectiveness of the restruc18 turing costs used to assist laid off workers in gaining

19 employment;

20 (5) in accordance with section 818 of 10 U.S.C.

21 2324, an analysis of the savings reached from the

22 business combination relative to the restructuring

23 costs paid by the Department of Defense.

24 (b) The report should set forth recommendations to

25 make this program more effective for workers affected by
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1 business combinations and more efficient in terms of the

2 use of Federal dollars.

3 SEC. 8106. (a) LEASE OF PROPERTY FOR CONSTRUC4 TION OF RESERVE CENTER.—(1) The Secretary of the Navy

5 may lease, without reimbursement, to the State of Mis6 sissippi (in this section referred to as the ‘‘State’’), approxi7 mately five acres of real property located at Naval Air Sta8 tion, Meridian, Mississippi, only for use by the State to

9 construct a reserve center of approximately 22,000 square

10 feet and ancillary supporting facilities.

11 (2) The term of the lease under this subsection shall

12 expire on the same date that the lease authorized by sub13 section (b) expires.

14 (b) LEASEBACK OF RESERVE CENTER.—(1) The Sec15 retary may lease from the State the property and improve16 ments constructed pursuant to subsection (a) for a five-year

17 period. The term of the lease shall begin on the date on

18 which the improvements are available for occupancy, as de19 termined by the Secretary.

20 (2) Rental payments under the lease under paragraph

21 (1) may not exceed $200,000 per year, and the total amount

22 of the rental payments for the entire period may not exceed

23 20 percent of the total cost of constructing the reserve center

24 and ancillary supporting facilities.
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1 (3) Subject to the availability of appropriations for

2 this purpose, the Secretary may use funds appropriated

3 pursuant to an authorization of appropriations for the op4 eration and maintenance of the Naval Reserve to make rent5 al payments required under this subsection.

6 (c) EFFECT OF TERMINATION OF LEASES.—At the end

7 of the lease term under subsection (b), the State shall con8 vey, without reimbursement, to the United States all right,

9 title, and interest of the State in the reserve center and an10 cillary supporting facilities subject to the lease.

11 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions

13 in connection with the leases under this section as the Sec14 retary considers appropriate to protect the interests of the

15 United States.

16 SEC. 8107. None of the funds provided for the purchase

17 of the T–39N may be obligated until the Under Secretary

18 of Defense for Acquisition certifies to the defense committees

19 that the contract was awarded on the basis of and following

20 a full and open competition consistent with current Federal

21 acquisition statutes.

22 SEC. 8108. (a) REPEAL OF TEMPORARY REQUIRE23 MENT RELATING TO EMPLOYMENT.—Title VII of the De24 partment of Defense Appropriations Act, 1996 (Public Law

25 104–61; 109 Stat. 650), is amended under the heading ‘‘NA-
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1 TIONAL SECURITY EDUCATION TRUST FUND’’ by striking

2 out the proviso.

3 (b) GENERAL PROGRAM REQUIREMENTS.—Subsection

4 (a)(1) of section 802 of the David L. Boren National Secu5 rity Education Act of 1991 (title VIII of Public Law 102–

6 183; 50 U.S.C. 1902) is amended—

7 (1) by striking out subparagraph (A) and insert8 ing in lieu thereof the following new subparagraph

9 (A):

10 ‘‘(A) awarding scholarships to undergradu11 ate students who—

12 ‘‘(i) are United States citizens in order

13 to enable such students to study, for at least

14 one academic semester or equivalent term,

15 in foreign countries that are critical coun16 tries (as determined under section

17 803(d)(4)(A) of this title) in those languages

18 and study areas where deficiencies exist (as

19 identified in the assessments undertaken

20 pursuant to section 806(d) of this title); and

21 ‘‘(ii) pursuant to subsection (b)(2)(A)

22 of this section, enter into an agreement to

23 work for, and make their language skills

24 available to, an agency or office of the Fed25 eral Government or work in the field of
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1 higher education in the area of study for

2 which the scholarship was awarded;’’; and

3 (2) in subparagraph (B)—

4 (A) in clause (i), by inserting ‘‘relating to

5 the national security interests of the United

6 States’’ after ‘‘international fields’’; and

7 (B) in clause (ii)—

8 (i) by striking out ‘‘subsection (b)(2)’’

9 and inserting in lieu thereof ‘‘subsection

10 (b)(2)(B)’’; and

11 (ii) by striking out ‘‘work for an agen12 cy or office of the Federal Government or

13 in’’ and inserting in lieu thereof ‘‘work for,

14 and make their language skills available to,

15 an agency or office of the Federal Govern16 ment or work in’’.

17 (c) SERVICE AGREEMENT.—Subsection (b) of that sec18 tion is amended—

19 (1) in the matter preceding paragraph (1), by

20 striking out ‘‘, or of scholarships’’ and all that follows

21 through ‘‘12 months or more,’’ and inserting in lieu

22 thereof ‘‘or any scholarship’’.

23 (2) by striking out paragraph (2) and inserting

24 in lieu thereof the following new paragraph (2):

25 ‘‘(2) will—
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1 ‘‘(A) not later than eight years after such

2 recipient’s completion of the study for which

3 scholarship assistance was provided under the

4 program, and in accordance with regulations is5 sued by the Secretary—

6 ‘‘(i) work in an agency or office of the

7 Federal Government having national secu8 rity responsibilities (as determined by the

9 Secretary in consultation with the National

10 Security Education Board) and make avail11 able such recipient’s foreign language skills

12 to an agency or office of the Federal Gov13 ernment approved by the Secretary (in con14 sultation with the Board), upon the request

15 of the agency or office, for a period specified

16 by the Secretary, which period shall be no

17 longer than the period for which scholarship

18 assistance was provided; or

19 ‘‘(ii) if the recipient demonstrates to

20 the Secretary (in accordance with such reg21 ulations) that no position in an agency or

22 office of the Federal Government having na23 tional security responsibilities is available,

24 work in the field of higher education in a

25 discipline relating to the foreign country,
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1 foreign language, area study, or inter2 national field of study for which the schol3 arship was awarded, for a period specified

4 by the Secretary, which period shall be de5 termined in accordance with clause (i); or

6 ‘‘(B) upon completion of such recipient’s

7 education under the program, and in accordance

8 with such regulations—

9 ‘‘(i) work in an agency or office of the

10 Federal Government having national secu11 rity responsibilities (as so determined) and

12 make available such recipient’s foreign lan13 guage skills to an agency or office of the

14 Federal Government approved by the Sec15 retary (in consultation with the Board),

16 upon the request of the agency or office, for

17 a period specified by the Secretary, which

18 period shall be not less than one and not

19 more than three times the period for which

20 the fellowship assistance was provided; or

21 ‘‘(ii) if the recipient demonstrates to

22 the Secretary (in accordance with such reg23 ulations) that no position in an agency or

24 office of the Federal Government having na25 tional security responsibilities is available
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1 upon the completion of the degree, work in

2 the field of higher education in a discipline

3 relating to the foreign country, foreign lan4 guage, area study, or international field of

5 study for which the fellowship was awarded,

6 for a period specified by the Secretary,

7 which period shall be established in accord8 ance with clause (i); and’’.

9 (d) EVALUATION OF PROGRESS IN LANGUAGE

10 SKILLS.—Such section 802 is further amended by—

11 (1) redesignating subsections (c), (d), and (e) as

12 subsections (d), (e), and (f), respectively; and

13 (2) by inserting after subsection (b) the following

14 new subsection (c):

15 ‘‘(c) EVALUATION OF PROGRESS IN LANGUAGE

16 SKILLS.—The Secretary shall, through the National Secu17 rity Education Program office, administer a test of the for18 eign language skills of each recipient of a scholarship or

19 fellowship under this title before the commencement of the

20 study or education for which the scholarship or fellowship

21 is awarded and after the completion of such study or edu22 cation. The purpose of the tests is to evaluate the progress

23 made by recipients of scholarships and fellowships in devel24 oping foreign language skills as a result of assistance under

25 this title.’’.
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1 (e) FUNCTIONS OF THE NATIONAL SECURITY EDU2 CATION BOARD.—Section 803(d) of that Act (50 U.S.C.

3 1903(d)) is amended—

4 (1) in paragraph (1), by inserting ‘‘, including

5 an order of priority in such awards that favors indi6 viduals expressing an interest in national security is7 sues or pursuing a career in an agency or office of

8 the Federal Government having national security re9 sponsibilities’’ before the period;

10 (2) in paragraph (4)—

11 (A) in the matter preceding subparagraph

12 (A), by striking out ‘‘Make recommendations’’

13 and inserting in lieu thereof ‘‘After taking into

14 account the annual analyses of trends in lan15 guage, international, and area studies under sec16 tion 806(b)(1), make recommendations’’;

17 (B) in subparagraph (A), by inserting ‘‘and

18 countries which are of importance to the na19 tional security interests of the United States’’

20 after ‘‘are studying’’; and

21 (C) in subparagraph (B), by inserting ‘‘re22 lating to the national security interests of the

23 United States’’ after ‘‘of this title’’;

24 (3) by redesignating paragraph (5) as para25 graph (7); and
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1 (4) by inserting after paragraph (4) the follow2 ing new paragraphs:

3 ‘‘(5) Encourage applications for fellowships

4 under this title from graduate students having an

5 educational background in disciplines relating to

6 science or technology.

7 ‘‘(6) Provide the Secretary on an on-going basis

8 with a list of scholarship recipients and fellowship re9 cipients who are available to work for, or make their

10 language skills available to, an agency or office of the

11 Federal Government having national security respon12 sibilities.’’.

13 (f) REPORT ON PROGRAM.—(1) Not later than six

14 months after the date of the enactment of this Act, the Sec15 retary of Defense shall submit to Congress a report assessing

16 the improvements to the program established under the

17 David L. Boren National Security Education Act of 1991

18 (title VIII of Public Law 102–183; 50 U.S.C. 1901 et seq.)

19 that result from the amendments made by this section.

20 (2) The report shall also include an assessment of the

21 contribution of the program, as so improved, in meeting

22 the national security objectives of the United States.

23 SEC. 8109. Any college or university that receives Fed24 eral funding under this Act must report annually to the

25 Office of Management and Budget on the average cost of
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1 tuition at their school for that year and the previous two

2 years.

3 SEC. 8110. (a) The Secretary of Defense and the Sec4 retary of State shall jointly conduct an audit of security

5 measures at all United States military installations outside

6 the United States to determine the adequacy of such meas7 ures to prevent or limit the effects of terrorist attacks on

8 United States military personnel.

9 (b) Not later than March 31, 1997, the Secretary of

10 Defense and the Secretary of State shall jointly submit to

11 Congress a report on the results of the audit conducted

12 under subsection (a), including a description of the ade13 quacy of—

14 (1) physical and operational security measures;

15 (2) access and perimeter control;

16 (3) communications security;

17 (4) crisis planning in the event of a terrorist at18 tack, including evacuation and medical planning;

19 (5) special security considerations at nonperma20 nent facilities;

21 (6) potential solutions to inadequate security,

22 where identified; and

23 (7) cooperative security measures with host na24 tions.
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1 SEC. 8111. (a) FUTURE-YEARS DEFENSE PRO2 GRAMS.—Section 221 of title 10, United States Code, is

3 amended by adding at the end the following:

4 ‘‘(d) The President shall submit to Congress each year,

5 at the same time the President submits to Congress the

6 budget for that year under section 1105(a) of title 31, the

7 future-years defense program (including associated an8 nexes) that the Chief of the National Guard Bureau and

9 the chiefs of the reserve components submitted to the Sec10 retary of Defense in that year in order to assist the Sec11 retary in preparing the future-years defense program in

12 that year under subsection (a).’’.

13 (b) EFFECTIVE DATE.—This section shall take effect

14 beginning with the President’s budget submission for fiscal

15 year 1999.

16 SEC. 8112. Beginning with fiscal year 1997, the Sec17 retary of Defense shall establish a program element for the

18 Office of the Secretary of Defense for the purpose of funding

19 emergency anti-terrorism activities. Funds available for

20 that program element for fiscal year 1997 shall be in addi21 tion to funds appropriated under other provisions of this

22 Act for anti-terrorism and are available for the Secretary

23 of Defense to respond quickly to emergency anti-terrorism

24 requirements that are identified by commanders of the uni-
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1 fied combatant commands or commanders of joint task

2 forces in response to a change in terrorist threat level.

3 SEC. 8113. Of the funds appropriated in title II of

4 this Act, not less than $7,100,000 is available to perform

5 the environmental impact statement and associated baseline

6 studies necessary to prepare an application for renewal of

7 use of the McGregor Range at Fort Bliss, Texas.

8 SEC. 8114. Of the total amount appropriated under

9 title II, $20,000,000 shall be available subject to authoriza10 tion, until expended, for payments to Vietnamese comman11 dos captured and incarcerated by North Vietnam after hav12 ing entered the Democratic Republic of Vietnam pursuant

13 to operations under a Vietnam era operation plan known

14 as ‘‘OPLAN 34A’’, or its predecessor, and to Vietnamese

15 operatives captured and incarcerated by North Vietnamese

16 forces while participating in operations in Laos or along

17 the Lao-Vietnamese border pursuant to ‘‘OPLAN 35’’, who

18 died in captivity or who remained in captivity after 1973,

19 and who have not received payment from the United States

20 for the period spent in captivity.

21 SEC. 8115. In addition to amounts provided elsewhere

22 in this Act, $150,000,000 is appropriated for defense

23 against weapons of mass destruction, including domestic

24 preparedness, interdiction of weapons of mass destruction

25 and related materials, control and disposition of weapons
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1 of mass destruction and related materials threatening the

2 United States, coordination of policy and countermeasures

3 against proliferation of weapons of mass destruction, and

4 miscellaneous related programs, projects, and activities as

5 authorized by law: Provided, That the total amount avail6 able under the heading ‘‘Research, Development, Test and

7 Evaluation, Defense-Wide’’ for the Joint Technology Inser8 tion program shall be $2,523,000: Provided further, That

9 the total amount appropriated under the heading ‘‘Re10 search, Development, Test and Evaluation, Defense-Wide’’

11 is hereby reduced by $12,000,000: Provided further, That

12 the total amount appropriated under the heading ‘‘Oper13 ation and Maintenance, Defense-Wide’’ is hereby reduced

14 by $138,000,000.

15 SEC. 8116. (a) Not more than 90 percent of the funds

16 appropriated or otherwise made available by this Act for

17 the procurement of F/A–18E/F aircraft may be obligated

18 or expended for the procurement of such aircraft until 30

19 days after the Secretary of Defense has submitted to the con20 gressional defense committees a report on the F/A–18E/F

21 aircraft program which contains the following:

22 (1) A review of the F/A–18E/F aircraft program.

23 (2) An analysis and estimate of the production

24 costs of the program for the total number of aircraft
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1 realistically expected to be procured at each of four

2 annual production rates as follows:

3 (A) 18 aircraft

4 (B) 24 aircraft.

5 (C) 36 aircraft.

6 (D) 48 aircraft.

7 (3) A comparison of the costs and benefits of the

8 F/A–18E/F program with the costs and benefits of the

9 F/A–18C/D aircraft program taking into account the

10 operational combat effectiveness of the aircraft.

11 (b) Not later than 30 days after the Secretary of De12 fense has submitted the report required by subsection (a),

13 the Comptroller General of the United States shall submit

14 to the congressional defense committees an analysis of the

15 report submitted by the Secretary.

16 This Act may be cited as the ‘‘Department of Defense

17 Appropriations Act, 1997’’.

Passed the House of Representatives June 13, 1996.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate July 18, 1996.

Attest: KELLY D. JOHNSTON,

Secretary.