Union Calendar No. 305

104TH CONGRESS

2D SESSION H. R. 3610

[Report No. 104–617]

A BILL

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

JUNE 11, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 305

104TH CONGRESS

2D SESSION H. R. 3610

[Report No. 104–617]

Making appropriations for the Department of Defense for the fiscal year

ending September 30, 1997, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 11, 1996

Mr. YOUNG of Florida, from the Committee on Appropriations, reported the

following bill; which was committed to the Committee of the Whole House

on the State of the Union and ordered to be printed

A BILL

Making appropriations for the Department of Defense for

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

purposes.3

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

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

7 other purposes, namely:
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1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence,

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

8 between permanent duty stations, for members of the

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

11 and for payments pursuant to section 156 of Public Law

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

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

14 to the Department of Defense Military Retirement Fund;

15 $20,692,838,000.

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence,

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

21 between permanent duty stations, for members of the

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

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

25 377, as amended (42 U.S.C. 402 note), to section 229(b)
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1 of the Social Security Act (42 U.S.C. 429(b)), and to the

2 Department of Defense Military Retirement Fund;

3 $17,000,856,000.

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, subsistence,

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

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

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

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

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

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

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, subsistence,

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

21 between permanent duty stations, for members of the Air

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

24 and for payments pursuant to section 156 of Public Law

25 97–377, as amended (42 U.S.C. 402 note), to section
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1 229(b) of the Social Security Act (42 U.S.C. 429(b)), and

2 to the Department of Defense Military Retirement Fund;

3 $17,099,550,000.

4 RESERVE PERSONNEL, ARMY

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

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

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

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

10 States Code, in connection with performing duty specified

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

12 while undergoing reserve training, or while performing

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

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

16 and for payments to the Department of Defense Military

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

18 RESERVE PERSONNEL, NAVY

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

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

25 of title 10, United States Code, or while undergoing re-
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1 serve training, or while performing drills or equivalent

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

3 Corps, and expenses authorized by section 16131 of title

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

6 $1,392,406,000.

7 RESERVE PERSONNEL, MARINE CORPS

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

9 travel, and related expenses for personnel of the Marine

10 Corps Reserve on active duty under section 10211 of title

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

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

13 in connection with performing duty specified in section

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

17 leaders class, and expenses authorized by section 16131

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

19 Department of Defense Military Retirement Fund;

20 $387,943,000.

21 RESERVE PERSONNEL, AIR FORCE

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

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

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

25 8038 of title 10, United States Code, or while serving on
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1 active duty under section 12301(d) of title 10, United

2 States Code, in connection with performing duty specified

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

4 while undergoing reserve training, or while performing

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

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

7 authorized by section 16131 of title 10, United States

8 Code; and for payments to the Department of Defense

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

10 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

15 States Code, or while serving on duty under section

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

17 States Code, in connection with performing duty specified

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

19 while undergoing training, or while performing drills or

20 equivalent duty or other duty, and expenses authorized by

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

23 Fund; $3,279,393,000.
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1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

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

8 in connection with performing duty specified in section

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

11 duty or other duty, and expenses authorized by section

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

13 to the Department of Defense Military Retirement Fund;

14 $1,294,490,000.

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

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

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

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

25 of necessity for confidential military purposes;
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1 $18,365,679,000 and, in addition, $50,000,000 shall be

2 derived by transfer from the National Defense Stockpile

3 Transaction Fund: Provided, That of the funds appro4 priated in this paragraph, not less than $300,000,000

5 shall be made available only for conventional ammunition

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

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

8 obligated or expended until authorized by law.

9 OPERATION AND MAINTENANCE, NAVY

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses, not otherwise provided for, necessary

12 for the operation and maintenance of the Navy and the

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

14 $3,995,000, can be used for emergencies and extraor15 dinary expenses, to be expended on the approval or author16 ity of the Secretary of the Navy, and payments may be

17 made on his certificate of necessity for confidential mili18 tary purposes; $20,390,397,000 and, in addition,

19 $50,000,000 shall be derived by transfer from the Na20 tional Defense Stockpile Transaction Fund: Provided,

21 That of the funds appropriated in this paragraph,

22 $39,933,000 shall not be obligated or expended until au23 thorized by law.
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For expenses, not otherwise provided for, necessary

3 for the operation and maintenance of the Marine Corps,

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

5 OPERATION AND MAINTENANCE, AIR FORCE

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses, not otherwise provided for, necessary

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

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

10 used for emergencies and extraordinary expenses, to be ex11 pended on the approval or authority of the Secretary of

12 the Air Force, and payments may be made on his certifi13 cate of necessity for confidential military purposes;

14 $17,938,755,000 and, in addition, $50,000,000 shall be

15 derived by transfer from the National Defense Stockpile

16 Transaction Fund: Provided, That of the funds appro17 priated in this paragraph, $39,133,000 shall not be obli18 gated or expended until authorized by law.

19 OPERATION AND MAINTENANCE, DEFENSE-WIDE

20 For expenses, not otherwise provided for, necessary

21 for the operation and maintenance of activities and agen22 cies of the Department of Defense (other than the military

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

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

25 CINC initiative fund account; and of which not to exceed
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1 $28,500,000 can be used for emergencies and extraor2 dinary expenses, to be expended on the approval or author3 ity of the Secretary of Defense, and payments may be

4 made on his certificate of necessity for confidential mili5 tary purposes.

6 OPERATION AND MAINTENANCE, ARMY RESERVE

7 For expenses, not otherwise provided for, necessary

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

11 vehicles; travel and transportation; care of the dead; re12 cruiting; procurement of services, supplies, and equip13 ment; and communications; $1,116,436,000.

14 OPERATION AND MAINTENANCE, NAVY RESERVE

15 For expenses, not otherwise provided for, necessary

16 for the operation and maintenance, including training, or17 ganization, and administration, of the Navy Reserve; re18 pair of facilities and equipment; hire of passenger motor

19 vehicles; travel and transportation; care of the dead; re20 cruiting; procurement of services, supplies, and equip21 ment; and communications; $882,927,000: Provided, That

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

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

2 RESERVE

3 For expenses, not otherwise provided for, necessary

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

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

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

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

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

12 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

13 For expenses, not otherwise provided for, necessary

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

16 repair of facilities and equipment; hire of passenger motor

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

20 OPERATION AND MAINTENANCE, ARMY NATIONAL

21 GUARD

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

2 services in the National Guard Bureau; travel expenses

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

5 regimental, and battalion commanders while inspecting

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

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

10 modification, maintenance, and issue of supplies and

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

12 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

13 For operation and maintenance of the Air National

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

17 for the training and administration of the Air National

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

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

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

24 such as may be furnished from stocks under the control

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

2 law for Air National Guard personnel on active Federal

3 duty, for Air National Guard commanders while inspecting

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

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

7 UNITED STATES COURT OF APPEALS FOR THE ARMED

8 FORCES

9 For salaries and expenses necessary for the United

10 States Court of Appeals for the Armed Forces;

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

12 for official representation purposes.

13 ENVIRONMENTAL RESTORATION, DEFENSE

14 (INCLUDING TRANSFER OF FUNDS)

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

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

18 are required for environmental restoration, reduction and

19 recycling of hazardous waste, removal of unsafe buildings

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

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

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

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

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

4 all or part of the funds transferred from this appropriation

5 are not necessary for the purposes provided herein, such

6 amounts may be transferred back to this appropriation.

7 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

8 For expenses relating to the Overseas Humanitarian,

9 Disaster, and Civic Aid programs of the Department of

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

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

14 FORMER SOVIET UNION THREAT REDUCTION

15 For assistance to the republics of the former Soviet

16 Union, including assistance provided by contract or by

17 grants, for facilitating the elimination and the safe and

18 secure transportation and storage of nuclear, chemical and

19 other weapons; for establishing programs to prevent the

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

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

3 QUALITY OF LIFE ENHANCEMENTS, DEFENSE

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, resulting

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

8 of Defense (including military housing and barracks);

9 $975,000,000, of which—

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

11 made available under the heading ‘‘Defense Health

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

13 Operation and maintenance; and

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

15 maintenance of real property of the Department of

16 Defense (including minor construction and major

17 maintenance and repair) and shall remain available

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

19 Army, $165,000,000;

20 Navy, $75,000,000;

21 Marine Corps, $40,000,000;

22 Air Force, $120,000,000;

23 Army Reserve, $20,000,000;

24 Navy Reserve, $20,000,000;

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

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

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

4 TITLE III

5 PROCUREMENT

6 AIRCRAFT PROCUREMENT, ARMY

7 For construction, procurement, production, modifica8 tion, and modernization of aircraft, equipment, including

9 ordnance, ground handling equipment, spare parts, and

10 accessories therefor; specialized equipment and training

11 devices; expansion of public and private plants, including

12 the land necessary therefor, for the foregoing purposes,

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

14 and construction prosecuted thereon prior to approval of

15 title; and procurement and installation of equipment, ap16 pliances, and machine tools in public and private plants;

17 reserve plant and Government and contractor-owned

18 equipment layaway; and other expenses necessary for the

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

20 for obligation until September 30, 1999.

21 MISSILE PROCUREMENT, ARMY

22 For construction, procurement, production, modifica23 tion, and modernization of missiles, equipment, including

24 ordnance, ground handling equipment, spare parts, and

25 accessories therefor; specialized equipment and training
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1 devices; expansion of public and private plants, including

2 the land necessary therefor, for the foregoing purposes,

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

4 and construction prosecuted thereon prior to approval of

5 title; and procurement and installation of equipment, ap6 pliances, and machine tools in public and private plants;

7 reserve plant and Government and contractor-owned

8 equipment layaway; and other expenses necessary for the

9 foregoing purposes; $1,044,767,000, to remain available

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

11 of the funds appropriated in this paragraph, $16,938,000

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

13 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

14 VEHICLES, ARMY

15 For construction, procurement, production, and

16 modification of weapons and tracked combat vehicles,

17 equipment, including ordnance, spare parts, and acces18 sories therefor; specialized equipment and training devices;

19 expansion of public and private plants, including the land

20 necessary therefor, for the foregoing purposes, and such

21 lands and interests therein, may be acquired, and con22 struction prosecuted thereon prior to approval of title; and

23 procurement and installation of equipment, appliances,

24 and machine tools in public and private plants; reserve

25 plant and Government and contractor-owned equipment
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1 layaway; and other expenses necessary for the foregoing

2 purposes; $1,500,414,000, to remain available for obliga3 tion until September 30, 1999: Provided, That of the

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

5 not be obligated or expended until authorized by law.

6 PROCUREMENT OF AMMUNITION, ARMY

7 For construction, procurement, production, and

8 modification of ammunition, and accessories therefor; spe9 cialized equipment and training devices; expansion of pub10 lic and private plants, including ammunition facilities au11 thorized by section 2854, title 10, United States Code, and

12 the land necessary therefor, for the foregoing purposes,

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

14 and construction prosecuted thereon prior to approval of

15 title; and procurement and installation of equipment, ap16 pliances, and machine tools in public and private plants;

17 reserve plant and Government and contractor-owned

18 equipment layaway; and other expenses necessary for the

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

20 for obligation until September 30, 1999.

21 OTHER PROCUREMENT, ARMY

22 For construction, procurement, production, and

23 modification of vehicles, including tactical, support, and

24 nontracked combat vehicles; the purchase of not to exceed

25 14 passenger motor vehicles for replacement only; commu-
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1 nications and electronic equipment; other support equip2 ment; spare parts, ordnance, and accessories therefor; spe3 cialized equipment and training devices; expansion of pub4 lic and private plants, including the land necessary there5 for, for the foregoing purposes, and such lands and inter6 ests therein, may be acquired, and construction prosecuted

7 thereon prior to approval of title; and procurement and

8 installation of equipment, appliances, and machine tools

9 in public and private plants; reserve plant and Govern10 ment and contractor-owned equipment layaway; and other

11 expenses necessary for the foregoing purposes;

12 $2,899,040,000, to remain available for obligation until

13 September 30, 1999: Provided, That of the funds appro14 priated in this paragraph, $86,800,000 shall not be obli15 gated or expended until authorized by law.

16 AIRCRAFT PROCUREMENT, NAVY

17 For construction, procurement, production, modifica18 tion, and modernization of aircraft, equipment, including

19 ordnance, spare parts, and accessories therefor; specialized

20 equipment; expansion of public and private plants, includ21 ing the land necessary therefor, and such lands and inter22 ests therein, may be acquired, and construction prosecuted

23 thereon prior to approval of title; and procurement and

24 installation of equipment, appliances, and machine tools

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

2 $6,896,552,000, to remain available for obligation until

3 September 30, 1999: Provided, That of the funds appro4 priated in this paragraph, $227,600,000 shall not be obli5 gated or expended until authorized by law.

6 WEAPONS PROCUREMENT, NAVY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, torpedoes, other weap9 ons, and related support equipment including spare parts,

10 and accessories therefor; expansion of public and private

11 plants, including the land necessary therefor, and such

12 lands and interests therein, may be acquired, and con13 struction prosecuted thereon prior to approval of title; and

14 procurement and installation of equipment, appliances,

15 and machine tools in public and private plants; reserve

16 plant and Government and contractor-owned equipment

17 layaway; $1,384,408,000, to remain available for obliga18 tion until September 30, 1999: Provided, That in addition

19 to the foregoing purposes, the funds appropriated above

20 under this heading shall be available to liquidate reported

21 deficiencies in appropriations provided under this heading

22 in prior Department of Defense appropriations acts, to the

23 extent such deficiencies cannot otherwise be liquidated

24 pursuant to 31 U.S.C. 1553(b): Provided further, That of
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1 the funds appropriated in this paragraph, $79,100,000

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

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For construction, procurement, production, and

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

10 the land necessary therefor, for the foregoing purposes,

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

12 and construction prosecuted thereon prior to approval of

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

15 reserve plant and Government and contractor-owned

16 equipment layaway; and other expenses necessary for the

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

18 obligation until September 30, 1999.

19 SHIPBUILDING AND CONVERSION, NAVY

20 For expenses necessary for the construction, acquisi21 tion, or conversion of vessels as authorized by law, includ22 ing armor and armament thereof, plant equipment, appli23 ances, and machine tools and installation thereof in public

24 and private plants; reserve plant and Government and con25 tractor-owned equipment layaway; procurement of critical,
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1 long leadtime components and designs for vessels to be

2 constructed or converted in the future; and expansion of

3 public and private plants, including land necessary there4 for, and such lands and interests therein, may be acquired,

5 and construction prosecuted thereon prior to approval of

6 title; $4,719,930,000, to remain available for obligation

7 until September 30, 2001: Provided, That additional obli8 gations may be incurred after September 30, 2001, for

9 engineering services, tests, evaluations, and other such

10 budgeted work that must be performed in the final stage

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

12 funds herein provided for the construction or conversion

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

14 United States shall be expended in foreign facilities for

15 the construction of major components of such vessel: Pro16 vided further, That none of the funds herein provided shall

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

18 shipyards.

19 OTHER PROCUREMENT, NAVY

20 For procurement, production, and modernization of

21 support equipment and materials not otherwise provided

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

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

24 public and private plants, including the land necessary

25 therefor, and such lands and interests therein, may be ac-
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1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private

4 plants; reserve plant and Government and contractor5 owned equipment layaway; $2,889,591,000, to remain

6 available for obligation until September 30, 1999: Pro7 vided, That of the funds appropriated in this paragraph,

8 $18,096,000 shall not be obligated or expended until au9 thorized by law.

10 PROCUREMENT, MARINE CORPS

11 For expenses necessary for the procurement, manu12 facture, and modification of missiles, armament, military

13 equipment, spare parts, and accessories therefor; plant

14 equipment, appliances, and machine tools, and installation

15 thereof in public and private plants; reserve plant and

16 Government and contractor-owned equipment layaway; ve17 hicles for the Marine Corps, including the purchase of not

18 to exceed 88 passenger motor vehicles for replacement

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

20 land necessary therefor, and such lands and interests

21 therein, may be acquired and construction prosecuted

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

23 available for obligation until September 30, 1999: Pro24 vided, That of the funds appropriated in this paragraph,
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1 $77,225,000 shall not be obligated or expended until au2 thorized by law.

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of

5 aircraft and equipment, including armor and armament,

6 specialized ground handling equipment, and training de7 vices, spare parts, and accessories therefor; specialized

8 equipment; expansion of public and private plants, Gov9 ernment-owned equipment and installation thereof in such

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

11 the foregoing purposes, and such lands and interests

12 therein, may be acquired, and construction prosecuted

13 thereon prior to approval of title; reserve plant and Gov14 ernment and contractor-owned equipment layaway; and

15 other expenses necessary for the foregoing purposes in16 cluding rents and transportation of things;

17 $7,326,628,000, to remain available for obligation until

18 September 30, 1999: Provided, That of the funds appro19 priated in this paragraph, $54,700,000 shall not be obli20 gated or expended until authorized by law.

21 MISSILE PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of

23 missiles, spacecraft, rockets, and related equipment, in24 cluding spare parts and accessories therefor, ground han25 dling equipment, and training devices; expansion of public
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1 and private plants, Government-owned equipment and in2 stallation thereof in such plants, erection of structures,

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

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

5 construction prosecuted thereon prior to approval of title;

6 reserve plant and Government and contractor-owned

7 equipment layaway; and other expenses necessary for the

8 foregoing purposes including rents and transportation of

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

10 until September 30, 1999.

11 PROCUREMENT OF AMMUNITION, AIR FORCE

12 For construction, procurement, production, and

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities au16 thorized by section 2854, title 10, United States Code, and

17 the land necessary therefor, for the foregoing purposes,

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

19 and construction prosecuted thereon prior to approval of

20 title; and procurement and installation of equipment, ap21 pliances, and machine tools in public and private plants;

22 reserve plant and Government and contractor-owned

23 equipment layaway; and other expenses necessary for the

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

25 obligation until September 30, 1999.
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1 OTHER PROCUREMENT, AIR FORCE

2 For procurement and modification of equipment (in3 cluding ground guidance and electronic control equipment,

4 and ground electronic and communication equipment),

5 and supplies, materials, and spare parts therefor, not oth6 erwise provided for; the purchase of not to exceed 506 pas7 senger motor vehicles for replacement only; the purchase

8 of 1 vehicle required for physical security of personnel,

9 notwithstanding price limitations applicable to passenger

10 vehicles but not to exceed $287,000 per vehicle; and ex11 pansion of public and private plants, Government-owned

12 equipment and installation thereof in such plants, erection

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

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

15 acquired, and construction prosecuted thereon, prior to

16 approval of title; reserve plant and Government and con17 tractor-owned equipment layaway; $6,078,539,000, to re18 main available for obligation until September 30, 1999.

19 PROCUREMENT, DEFENSE-WIDE

20 For expenses of activities and agencies of the Depart21 ment of Defense (other than the military departments)

22 necessary for procurement, production, and modification

23 of equipment, supplies, materials, and spare parts there24 for, not otherwise provided for; the purchase of not to ex25 ceed 389 passenger motor vehicles for replacement only;
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1 the purchase of 2 vehicles required for physical security

2 of personnel, notwithstanding price limitations applicable

3 to passenger vehicles, but not to exceed $200,000 per vehi4 cle; expansion of public and private plants, equipment, and

5 installation thereof in such plants, erection of structures,

6 and acquisition of land for the foregoing purposes, and

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

8 construction prosecuted thereon prior to approval of title;

9 reserve plant and Government and contractor-owned

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

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

12 of the funds appropriated in this paragraph,

13 $357,600,000 shall not be obligated or expended until au14 thorized by law.

15 NATIONAL GUARD AND RESERVE EQUIPMENT

16 For procurement of aircraft, missiles, tracked combat

17 vehicles, ammunition, other weapons, and other procure18 ment for the reserve components of the Armed Forces;

19 $908,000,000, to remain available for obligation until Sep20 tember 30, 1999: Provided, That the Chiefs of the Reserve

21 and National Guard components shall, not later than 30

22 days after the enactment of this Act, individually submit

23 to the congressional defense committees the modernization

24 priority assessment for their respective Reserve or Na25 tional Guard component: Provided further, That of the
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1 funds appropriated in this paragraph, $103,000,000 shall

2 not be obligated or expended until authorized by law.

3 TITLE IV

4 RESEARCH, DEVELOPMENT, TEST, AND

5 EVALUATION

6 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

7 ARMY

8 For expenses necessary for basic and applied sci9 entific research, development, test and evaluation, includ10 ing maintenance, rehabilitation, lease, and operation of fa11 cilities and equipment, as authorized by law;

12 $4,874,537,000, to remain available for obligation until

13 September 30, 1998: Provided, That of the funds appro14 priated in this paragraph, $194,558,000 shall not be obli15 gated or expended until authorized by law.

16 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

17 NAVY

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

23 September 30, 1998: Provided, That funds appropriated

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

25 be used to meet unique requirements of the Special Oper-
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1 ations Forces: Provided further, That of the funds appro2 priated in this paragraph, $209,400,000 shall not be obli3 gated or expended until authorized by law.

4 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

5 AIR FORCE

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, as authorized by law;

10 $14,969,573,000, to remain available for obligation until

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

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

13 development of reusable launch vehicle technologies: Pro14 vided further, That of the funds appropriated in this para15 graph, $1,698,486,000 shall not be obligated or expended

16 until authorized by law.

17 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

18 DEFENSE-WIDE

19 For expenses of activities and agencies of the Depart20 ment of Defense (other than the military departments),

21 necessary for basic and applied scientific research, devel22 opment, test and evaluation; advanced research projects

23 as may be designated and determined by the Secretary

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

25 lease, and operation of facilities and equipment, as author-
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1 ized by law; $9,068,558,000, to remain available for obli2 gation until September 30, 1998: Provided, That not less

3 than $304,171,000 of the funds appropriated in this para4 graph shall be made available only for the Sea-Based Wide

5 Area Defense (Navy Upper-Tier) program.

6 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

7 For expenses, not otherwise provided for, of inde8 pendent activities of the Director, Test and Evaluation in

9 the direction and supervision of developmental test and

10 evaluation, including performance and joint developmental

11 testing and evaluation; and administrative expenses in

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

13 for obligation until September 30, 1998: Provided, That

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

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

16 OPERATIONAL TEST AND EVALUATION, DEFENSE

17 For expenses, not otherwise provided for, necessary

18 for the independent activities of the Director, Operational

19 Test and Evaluation in the direction and supervision of

20 operational test and evaluation, including initial oper21 ational test and evaluation which is conducted prior to,

22 and in support of, production decisions; joint operational

23 testing and evaluation; and administrative expenses in

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

25 obligation until September 30, 1998: Provided, That of the
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1 funds appropriated in this paragraph, $5,000,000 shall

2 not be obligated or expended until authorized by law.

3 TITLE V

4 REVOLVING AND MANAGEMENT FUNDS

5 DEFENSE BUSINESS OPERATIONS FUND

6 For the Defense Business Operations Fund;

7 $947,900,000.

8 NATIONAL DEFENSE SEALIFT FUND

9 For National Defense Sealift Fund programs (includ10 ing the development and acquisition of lighterage),

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

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

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

14 $1,904,002,000, to remain available until expended: Pro15 vided, That none of the funds provided in this paragraph

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

17 the acquisition of any of the following major components

18 unless such components are manufactured in the United

19 States: auxiliary equipment, including pumps, for all ship20 board services; propulsion system components (that is; en21 gines, reduction gears, and propellers); shipboard cranes;

22 and spreaders for shipboard cranes: Provided further, That

23 the exercise of an option in a contract awarded through

24 the obligation of previously appropriated funds shall not

25 be considered to be the award of a new contract: Provided
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1 further, That the Secretary of the military department re2 sponsible for such procurement may waive these restric3 tions on a case-by-case basis by certifying in writing to

4 the Committees on Appropriations of the House of Rep5 resentatives and the Senate, that adequate domestic sup6 plies are not available to meet Department of Defense re7 quirements on a timely basis and that such an acquisition

8 must be made in order to acquire capability for national

9 security purposes: Provided further, That of the funds ap10 propriated in this paragraph, $781,000,000 shall not be

11 obligated or expended until authorized by law.

12 TITLE VI

13 OTHER DEPARTMENT OF DEFENSE PROGRAMS

14 DEFENSE HEALTH PROGRAM

15 For expenses, not otherwise provided for, for medical

16 and health care programs of the Department of Defense,

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

18 $9,398,188,000 shall be for Operation and maintenance,

19 of which not to exceed three percent shall remain available

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

21 remain available for obligation until September 30, 1999,

22 shall be for Procurement: Provided, That notwithstanding

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

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

25 and obligate, within thirty days of enactment of this Act,
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1 not less than $3,400,000 only to permit private sector or

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

3 antibacterial treatment method based upon the excretion

4 of dead and decaying spherical bacteria to work in con5 junction with the Walter Reed Army Medical Center on

6 a treatment protocol and related studies for Desert Storm

7 Syndrome affected veterans.

8 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

9 DEFENSE

10 For expenses, not otherwise provided for, necessary

11 for the destruction of the United States stockpile of lethal

12 chemical agents and munitions in accordance with the pro13 visions of section 1412 of the Department of Defense Au14 thorization Act, 1986 (50 U.S.C. 1521), and for the de15 struction of other chemical warfare materials that are not

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

17 $477,947,000 shall be for Operation and maintenance,

18 $273,600,000 shall be for Procurement to remain avail19 able until September 30, 1999, and $48,300,000 shall be

20 for Research, development, test and evaluation to remain

21 available until September 30, 1998.
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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of

5 the Department of Defense, for transfer to appropriations

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for Op9 eration and maintenance; for Procurement; and for Re10 search, development, test and evaluation; $774,724,000:

11 Provided, That the funds appropriated by this paragraph

12 shall be available for obligation for the same time period

13 and for the same purpose as the appropriation to which

14 transferred: Provided further, That the transfer authority

15 provided in this paragraph is in addition to any transfer

16 authority contained elsewhere in this Act: Provided fur17 ther, That of the funds appropriated in this paragraph,

18 $92,000,000 shall not be obligated or expended until au19 thorized by law.

20 OFFICE OF THE INSPECTOR GENERAL

21 For expenses and activities of the Office of the In22 spector General in carrying out the provisions of the In23 spector General Act of 1978, as amended; $138,501,000,

24 of which $136,501,000 shall be for Operation and mainte25 nance, of which not to exceed $400,000 is available for
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1 emergencies and extraordinary expenses to be expended on

2 the approval or authority of the Inspector General, and

3 payments may be made on his certificate of necessity for

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

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

6 Procurement.

7 TITLE VII

8 RELATED AGENCIES

9 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

10 DISABILITY SYSTEM FUND

11 For payment to the Central Intelligence Agency Re12 tirement and Disability System Fund, to maintain proper

13 funding level for continuing the operation of the Central

14 Intelligence Agency Retirement and Disability System;

15 $196,400,000.

16 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

17 For necessary expenses of the Intelligence Commu18 nity Management Account; $149,555,000.

19 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE20 MEDIATION, AND ENVIRONMENTAL RESTORATION

21 FUND

22 For payment to Kaho’olawe Island Conveyance, Re23 mediation, and Environmental Restoration Fund, as au24 thorized by law; $10,000,000, to remain available until ex25 pended.
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1 TITLE VIII

2 GENERAL PROVISIONS

3 SEC. 8001. No part of any appropriation contained

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress.

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

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States

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

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of

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

13 of the percentage increase authorized by law for civilian

14 employees of the Department of Defense whose pay is

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

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to

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

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall

24 not apply to foreign national employees of the Department

25 of Defense in the Republic of Turkey.
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1 SEC. 8003. No part of any appropriation contained

2 in this Act shall remain available for obligation beyond

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

4 SEC. 8004. No more than 20 per centum of the ap5 propriations in this Act which are limited for obligation

6 during the current fiscal year shall be obligated during

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

8 section shall not apply to obligations for support of active

9 duty training of reserve components or summer camp

10 training of the Reserve Officers’ Training Corps.

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $2,000,000,000

16 of working capital funds of the Department of Defense

17 or funds made available in this Act to the Department

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any

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

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

22 the appropriation or fund to which transferred: Provided,

23 That such authority to transfer may not be used unless

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated
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1 and in no case where the item for which funds are re2 quested has been denied by Congress: Provided further,

3 That the Secretary of Defense shall notify the Congress

4 promptly of all transfers made pursuant to this authority

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

6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher prior9 ity items, based on unforeseen military requirements, than

10 those for which originally appropriated and in no case

11 where the item for which reprogramming is requested has

12 been denied by the Congress.

13 (TRANSFER OF FUNDS)

14 SEC. 8006. During the current fiscal year, cash bal15 ances in working capital funds of the Department of De16 fense established pursuant to section 2208 of title 10,

17 United States Code, may be maintained in only such

18 amounts as are necessary at any time for cash disburse19 ments to be made from such funds: Provided, That trans20 fers may be made between such funds and the ‘‘Foreign

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

22 Maintenance’’ appropriation accounts in such amounts as

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

24 approval of the Office of Management and Budget, except

25 that such transfers may not be made unless the Secretary
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1 of Defense has notified the Congress of the proposed

2 transfer. Except in amounts equal to the amounts appro3 priated to working capital funds in this Act, no obligations

4 may be made against a working capital fund to procure

5 or increase the value of war reserve material inventory,

6 unless the Secretary of Defense has notified the Congress

7 prior to any such obligation.

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

9 be used to initiate a special access program without prior

10 notification 30 calendar days in session in advance to the

11 congressional defense committees.

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

13 available for the Civilian Health and Medical Program of

14 the Uniformed Services shall be available for payments to

15 physicians and other non-institutional health care provid16 ers in excess of the amounts allowed in fiscal year 1996

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

18 the Secretary of Defense determines an increase is justi19 fied by economic circumstances, the allowable amounts

20 may be increased in accordance with appropriate economic

21 index data similar to that used pursuant to title XVIII

22 of the Social Security Act; and (b) for services the Sec23 retary determines are overpriced based on allowable pay24 ments under title XVIII of the Social Security Act, the

25 allowable amounts shall be reduced by not more than 15
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1 percent (except that the reduction may be waived if the

2 Secretary determines that it would impair adequate access

3 to health care services for beneficiaries). The Secretary

4 shall solicit public comment prior to promulgating regula5 tions to implement this section. Such regulations shall in6 clude a limitation, similar to that used under title XVIII

7 of the Social Security Act, on the extent to which a pro8 vider may bill a beneficiary an actual charge in excess of

9 the allowable amount.

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

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

12 employs economic order quantity procurement in excess of

13 $20,000,000 in any one year of the contract or that in14 cludes an unfunded contingent liability in excess of

15 $20,000,000, or (2) a contract for advance procurement

16 leading to a multiyear contract that employs economic

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

18 any one year, unless the congressional defense committees

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

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

21 appropriation contained in this Act shall be available to

22 initiate a multiyear contract for which the economic order

23 quantity advance procurement is not funded at least to

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

25 That no part of any appropriation contained in this Act
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1 shall be available to initiate multiyear procurement con2 tracts for any systems or component thereof if the value

3 of the multiyear contract would exceed $500,000,000 un4 less specifically provided in this Act: Provided further,

5 That no multiyear procurement contract can be termi6 nated without 10-day prior notification to the congres7 sional defense committees: Provided further, That the exe8 cution of multiyear authority shall require the use of a

9 present value analysis to determine lowest cost compared

10 to an annual procurement.

11 Funds appropriated in title III of this Act may be

12 used for multiyear procurement contracts as follows:

13 Javelin missiles;

14 Army Tactical Missile System (ATACMS);

15 MK19–3 grenade machine guns;

16 M16A2 rifles;

17 M249 Squad Automatic Weapons;

18 M4 carbine rifles; and

19 M240B machine guns.

20 SEC. 8010. Within the funds appropriated for the op21 eration and maintenance of the Armed Forces, funds are

22 hereby appropriated pursuant to section 401 of title 10,

23 United States Code, for humanitarian and civic assistance

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

25 Such funds may also be obligated for humanitarian and
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1 civic assistance costs incidental to authorized operations

2 and pursuant to authority granted in section 401 of chap3 ter 20 of title 10, United States Code, and these obliga4 tions shall be reported to Congress on September 30 of

5 each year: Provided, That funds available for operation

6 and maintenance shall be available for providing humani7 tarian and similar assistance by using Civic Action Teams

8 in the Trust Territories of the Pacific Islands and freely

9 associated states of Micronesia, pursuant to the Compact

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

11 Provided further, That upon a determination by the Sec12 retary of the Army that such action is beneficial for grad13 uate medical education programs conducted at Army med14 ical facilities located in Hawaii, the Secretary of the Army

15 may authorize the provision of medical services at such

16 facilities and transportation to such facilities, on a non17 reimbursable basis, for civilian patients from American

18 Samoa, the Commonwealth of the Northern Mariana Is19 lands, the Marshall Islands, the Federated States of Mi20 cronesia, Palau, and Guam.

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

22 personnel of the Department of Defense may not be man23 aged on the basis of any end-strength, and the manage24 ment of such personnel during that fiscal year shall not

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

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

3 (b) The fiscal year 1998 budget request for the De4 partment of Defense as well as all justification material

5 and other documentation supporting the fiscal year 1998

6 Department of Defense budget request shall be prepared

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

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

9 year 1998.

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

11 to military (civilian) technicians.

12 SEC. 8012. Notwithstanding any other provision of

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

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

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

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

17 workyears shall be applied as defined in the Federal Per18 sonnel Manual: Provided further, That workyears ex19 pended in dependent student hiring programs for dis20 advantaged youths shall not be included in this workyear

21 limitation.

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

23 Act shall be used in any way, directly or indirectly, to in24 fluence congressional action on any legislation or appro25 priation matters pending before the Congress.
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1 SEC. 8014. (a) None of the funds appropriated by

2 this Act shall be used to make contributions to the Depart3 ment of Defense Education Benefits Fund pursuant to

4 section 2006(g) of title 10, United States Code, represent5 ing the normal cost for future benefits under section

6 3015(c) of title 38, United States Code, for any member

7 of the armed services who, on or after the date of enact8 ment of this Act—

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

10 active duty of less than three years; or

11 (2) receives an enlistment bonus under section

12 308a or 308f of title 37, United States Code,

13 nor shall any amounts representing the normal cost of

14 such future benefits be transferred from the Fund by the

15 Secretary of the Treasury to the Secretary of Veterans

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

17 States Code; nor shall the Secretary of Veterans Affairs

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

19 the case of a member covered by clause (1), these limita20 tions shall not apply to members in combat arms skills

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

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

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

24 the cost-effective use of special recruiting incentives in25 volving not more than nineteen noncombat arms skills ap-
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1 proved in advance by the Secretary of Defense: Provided

2 further, That this subsection applies only to active compo3 nents of the Army.

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

5 be available for the basic pay and allowances of any mem6 ber of the Army participating as a full-time student and

7 receiving benefits paid by the Secretary of Veterans Af8 fairs from the Department of Defense Education Benefits

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

10 toward completion of a service commitment: Provided,

11 That this subsection shall not apply to those members who

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

13 Provided further, That this subsection applies only to ac14 tive components of the Army.

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

16 Act shall be available to convert to contractor performance

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

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

19 by more than ten Department of Defense civilian employ20 ees until a most efficient and cost-effective organization

21 analysis is completed on such activity or function and cer22 tification of the analysis is made to the Committees on

23 Appropriations of the House of Representatives and the

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

25 commercial or industrial type function of the Department
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1 of Defense that: (1) is included on the procurement list

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

3 1938 (41 U.S.C. 47), popularly referred to as the Javits4 Wagner-O’Day Act; (2) is planned to be converted to per5 formance by a qualified nonprofit agency for the blind or

6 by a qualified nonprofit agency for other severely handi7 capped individuals in accordance with that Act; or (3) is

8 planned to be converted to performance by a qualified firm

9 under 51 percent Native American ownership.

10 (TRANSFER OF FUNDS)

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

12 for the Department of Defense Pilot Mentor-Protege Pro13 gram may be transferred to any other appropriation con14 tained in this Act solely for the purpose of implementing

15 a Mentor-Protege Program developmental assistance

16 agreement pursuant to section 831 of the National De17 fense Authorization Act for Fiscal Year 1991 (Public Law

18 101–510; 10 U.S.C. 2301 note), as amended, under the

19 authority of this provision or any other transfer authority

20 contained in this Act.

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

22 available for the purchase by the Department of Defense

23 (and its departments and agencies) of welded shipboard

24 anchor and mooring chain 4 inches in diameter and under

25 unless the anchor and mooring chain are manufactured
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1 in the United States from components which are substan2 tially manufactured in the United States: Provided, That

3 for the purpose of this section manufactured will include

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

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

6 Provided further, That for the purpose of this section sub7 stantially all of the components of anchor and mooring

8 chain shall be considered to be produced or manufactured

9 in the United States if the aggregate cost of the compo10 nents produced or manufactured in the United States ex11 ceeds the aggregate cost of the components produced or

12 manufactured outside the United States: Provided further,

13 That when adequate domestic supplies are not available

14 to meet Department of Defense requirements on a timely

15 basis, the Secretary of the service responsible for the pro16 curement may waive this restriction on a case-by-case

17 basis by certifying in writing to the Committees on Appro18 priations that such an acquisition must be made in order

19 to acquire capability for national security purposes.

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

21 Act available for the Civilian Health and Medical Program

22 of the Uniformed Services (CHAMPUS) shall be available

23 for the reimbursement of any health care provider for in24 patient mental health service for care received when a pa25 tient is referred to a provider of inpatient mental health
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1 care or residential treatment care by a medical or health

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

4 limitation does not apply in the case of inpatient mental

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

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

8 provided pursuant to a waiver authorized by the Secretary

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

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

12 pursuant to rules prescribed by the Secretary, which takes

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

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

15 availability of that care.

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

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

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

19 the Vietnam era to an annual meeting in the United

20 States, under such regulations as the Secretary of Defense

21 may prescribe.

22 SEC. 8020. Notwithstanding any other provision of

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

25 nation governments in NATO member states a separate
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1 account into which such residual value amounts negotiated

2 in the return of United States military installations in

3 NATO member states may be deposited, in the currency

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

5 the United States Treasury: Provided, That such credits

6 may be utilized only for the construction of facilities to

7 support United States military forces in that host nation,

8 or such real property maintenance and base operating

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

12 1998 shall identify such sums anticipated in residual value

13 settlements, and identify such construction, real property

14 maintenance or base operating costs that shall be funded

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

16 That all military construction projects to be executed from

17 such accounts must be previously approved in a prior Act

18 of Congress: Provided further, That each such Executive

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

23 the Senate thirty days prior to the conclusion and endorse24 ment of any such agreement established under this provi25 sion.
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1 SEC. 8021. None of the funds available to the De2 partment of Defense may be used to demilitarize or dis3 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,

4 .22 caliber rifles, or M–1911 pistols.

5 SEC. 8022. Notwithstanding any other provision of

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

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

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

9 Code, in a lump sum.

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

11 Act shall be available for payments under the Department

12 of Defense contract with the Louisiana State University

13 Medical Center involving the use of cats for Brain Missile

14 Wound Research, and the Department of Defense shall

15 not make payments under such contract from funds obli16 gated prior to the date of the enactment of this Act, except

17 as necessary for costs incurred by the contractor prior to

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

19 for the care of animals covered by this contract are al20 lowed.

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

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

23 research at any Army Research Laboratory until the Sec24 retary of the Army certifies that the synthetic compound

25 to be used in the experiments is of such a type that its
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1 use will result in a significant medical finding, the re2 search has military application, the research will be con3 ducted in accordance with the standards set by an animal

4 care and use committee, and the research does not dupli5 cate research already conducted by a manufacturer or any

6 other research organization.

7 SEC. 8025. No more than $500,000 of the funds ap8 propriated or made available in this Act shall be used for

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

10 function of the Department of Defense into or within the

11 National Capital Region: Provided, That the Secretary of

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

13 by certifying in writing to the Committees on Appropria14 tions of the House of Representatives and Senate that

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

16 Government.

17 SEC. 8026. During the current fiscal year, funds ap18 propriated or otherwise available for any Federal agency,

19 the Congress, the judicial branch, or the District of Co20 lumbia may be used for the pay, allowances, and benefits

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

22 an individual employed by the government of the District

23 of Columbia, permanent or temporary indefinite, who—

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

25 Armed Forces, as described in section 261 of title
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1 10, or the National Guard, as described in section

2 101 of title 32;

3 (2) performs, for the purpose of providing mili4 tary aid to enforce the law or providing assistance

5 to civil authorities in the protection or saving of life

6 or property or prevention of injury—

7 (A) Federal service under section 331,

8 332, 333, or 12406 of title 10, or other provi9 sion of law, as applicable, or

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

11 the District of Columbia, the Commonwealth of

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

13 and

14 (3) requests and is granted—

15 (A) leave under the authority of this sec16 tion; or

17 (B) annual leave, which may be granted

18 without regard to the provisions of sections

19 5519 and 6323(b) of title 5, if such employee

20 is otherwise entitled to such annual leave:

21 Provided, That any employee who requests leave under

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

23 of this section is entitled to such leave, subject to the pro24 visions of this section and of the last sentence of section
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1 6323(b) of title 5, and such leave shall be considered leave

2 under section 6323(b) of title 5.

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

4 Act shall be available to perform any cost study pursuant

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

6 performed exceeds a period of twenty-four months after

7 initiation of such study with respect to a single function

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

9 for a multi-function activity.

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

11 American Forces Information Service shall not be used for

12 any national or international political or psychological ac13 tivities.

14 SEC. 8029. Notwithstanding any other provision of

15 law or regulation, the Secretary of Defense may adjust

16 wage rates for civilian employees hired for certain health

17 care occupations as authorized for the Secretary of Veter18 ans Affairs by section 7455 of title 38, United States

19 Code.

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

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

22 the operation of the 53rd Weather Reconnaissance Squad23 ron of the Air Force Reserve, if such action would reduce

24 the WC–130 Weather Reconnaissance mission below the

25 levels funded in this Act.
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1 SEC. 8031. (a) Of the funds for the procurement of

2 supplies or services appropriated by this Act, qualified

3 nonprofit agencies for the blind or other severely handi4 capped shall be afforded the maximum practicable oppor5 tunity to participate as subcontractors and suppliers in the

6 performance of contracts let by the Department of De7 fense.

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

9 which has negotiated with a military service or defense

10 agency a subcontracting plan for the participation by

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

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

13 credit toward meeting that subcontracting goal for any

14 purchases made from qualified nonprofit agencies for the

15 blind or other severely handicapped.

16 (c) For the purpose of this section, the phrase ‘‘quali17 fied nonprofit agency for the blind or other severely handi18 capped’’ means a nonprofit agency for the blind or other

19 severely handicapped that has been approved by the Com20 mittee for the Purchase from the Blind and Other Severely

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

22 U.S.C. 46–48).

23 SEC. 8032. During the current fiscal year, net re24 ceipts pursuant to collections from third party payers pur25 suant to section 1095 of title 10, United States Code, shall
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1 be made available to the local facility of the uniformed

2 services responsible for the collections and shall be over

3 and above the facility’s direct budget amount.

4 SEC. 8033. During the current fiscal year, the De5 partment of Defense is authorized to incur obligations of

6 not to exceed $350,000,000 for purposes specified in sec7 tion 2350j(c) of title 10, United States Code, in anticipa8 tion of receipt of contributions, only from the Government

9 of Kuwait, under that section: Provided, That, upon re10 ceipt, such contributions from the Government of Kuwait

11 shall be credited to the appropriation or fund which in12 curred such obligations.

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

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

15 Air Patrol, of which $15,426,000 shall be available for Op16 eration and Maintenance.

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

18 Act are available to establish a new Department of De19 fense Federally Funded Research and Development Cen20 ter (FFRDC), either as a new entity, or as a separate

21 entity administered by an organization managing another

22 FFRDC, or as a nonprofit membership corporation con23 sisting of a consortium of other FFRDCs and other non24 profit entities.
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1 (b) LIMITATION ON COMPENSATION.—No member of

2 a Board of Directors, Trustees, Overseers, Advisory

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

4 similar entity of a defense FFRDC, and no paid consult5 ant to any defense FFRDC, may be compensated for his

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

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

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

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

10 previously in this subsection shall be allowed travel ex11 penses and per diem as authorized under the Federal

12 Joint Travel Regulations, when engaged in the perform13 ance of membership duties.

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

15 of the funds available to the Department of Defense from

16 any source during fiscal year 1997 may be used by a de17 fense FFRDC, through a fee or other payment mecha18 nism, for charitable contributions, for construction of new

19 buildings, for payment of cost sharing for projects funded

20 by government grants, or for absorption of contract over21 runs.

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

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

24 or armor steel plate for use in any Government-owned fa25 cility or property under the control of the Department of
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1 Defense which were not melted and rolled in the United

2 States or Canada: Provided, That these procurement re3 strictions shall apply to any and all Federal Supply Class

4 9515, American Society of Testing and Materials (ASTM)

5 or American Iron and Steel Institute (AISI) specifications

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

7 That the Secretary of the military department responsible

8 for the procurement may waive this restriction on a case9 by-case basis by certifying in writing to the Committees

10 on Appropriations of the House of Representatives and the

11 Senate that adequate domestic supplies are not available

12 to meet Department of Defense requirements on a timely

13 basis and that such an acquisition must be made in order

14 to acquire capability for national security purposes: Pro15 vided further, That these restrictions shall not apply to

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

17 of this Act.

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

19 ‘‘congressional defense committees’’ means the National

20 Security Committee of the House of Representatives, the

21 Armed Services Committee of the Senate, the subcommit22 tee on Defense of the Committee on Appropriations of the

23 Senate, and the subcommittee on National Security of the

24 Committee on Appropriations of the House of Representa25 tives.
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1 SEC. 8038. Notwithstanding any other provision of

2 law, during the current fiscal year, the Department of De3 fense may acquire the modification, depot maintenance

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

5 production of components and other Defense-related arti6 cles, through competition between Department of Defense

7 depot maintenance activities and private firms: Provided,

8 That the Senior Acquisition Executive of the military de9 partment or defense agency concerned, with power of dele10 gation, shall certify that successful bids include com11 parable estimates of all direct and indirect costs for both

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

13 Management and Budget Circular A–76 shall not apply

14 to competitions conducted under this section.

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

16 consultation with the United States Trade Representative,

17 determines that a foreign country which is party to an

18 agreement described in paragraph (2) has violated the

19 terms of the agreement by discriminating against certain

20 types of products produced in the United States that are

21 covered by the agreement, the Secretary of Defense shall

22 rescind the Secretary’s blanket waiver of the Buy Amer23 ican Act with respect to such types of products produced

24 in that foreign country.
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1 (2) An agreement referred to in paragraph (1) is any

2 reciprocal defense procurement memorandum of under3 standing, between the United States and a foreign country

4 pursuant to which the Secretary of Defense has prospec5 tively waived the Buy American Act for certain products

6 in that country.

7 (b) The Secretary of Defense shall submit to Con8 gress a report on the amount of Department of Defense

9 purchases from foreign entities in fiscal year 1997. Such

10 report shall separately indicate the dollar value of items

11 for which the Buy American Act was waived pursuant to

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

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

14 international agreement to which the United States is a

15 party.

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

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

18 making appropriations for the Treasury and Post Office

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

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

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

22 SEC. 8040. Appropriations contained in this Act that

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

24 a result of energy cost savings realized by the Department

25 of Defense shall remain available for obligation for the
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1 next fiscal year to the extent, and for the purposes, pro2 vided in section 2865 of title 10, United States Code.

3 SEC. 8041. During the current fiscal year and here4 after, voluntary separation incentives payable under 10

5 U.S.C. 1175 may be paid in such amounts as are nec6 essary from the assets of the Voluntary Separation Incen7 tive Fund established by section 1175(h)(1).

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8042. Amounts deposited during the current fis10 cal year to the special account established under 40 U.S.C.

11 485(h)(2) and to the special account established under 10

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

13 until transferred by the Secretary of Defense to current

14 applicable appropriations or funds of the Department of

15 Defense under the terms and conditions specified by 40

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

17 2667(d)(1)(B), to be merged with and to be available for

18 the same time period and the same purposes as the appro19 priation to which transferred.

20 SEC. 8043. During the current fiscal year, appropria21 tions available to the Department of Defense may be used

22 to reimburse a member of a reserve component of the

23 Armed Forces who is not otherwise entitled to travel and

24 transportation allowances and who occupies transient gov25 ernment housing while performing active duty for training
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1 or inactive duty training: Provided, That such members

2 may be provided lodging in kind if transient government

3 quarters are unavailable as if the member was entitled to

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

5 37, United States Code: Provided further, That if lodging

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

7 of such lodging may be paid directly from funds appro8 priated for operation and maintenance of the reserve com9 ponent of the member concerned.

10 SEC. 8044. The President shall include with each

11 budget for a fiscal year submitted to the Congress under

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

13 that shall identify clearly and separately the amounts re14 quested in the budget for appropriation for that fiscal year

15 for salaries and expenses related to administrative activi16 ties of the Department of Defense, the military depart17 ments, and the Defense Agencies.

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

19 contained in the Department of Defense Overseas Military

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

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

23 be available until expended for the payments specified by

24 section 2921(c)(2) of that Act.
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1 SEC. 8046. During the current fiscal year and here2 after, annual payments granted under the provisions of

3 section 4416 of the National Defense Authorization Act

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

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

6 are available for the pay of reserve component personnel.

7 SEC. 8047. Of the funds appropriated or otherwise

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

9 shall be available for payment of the operating costs of

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

12 support provided to NATO forces in and around the

13 former Yugoslavia.

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

16 for operation and maintenance may be used to purchase

17 items having an investment item unit cost of not more

18 than $100,000.

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

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

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

24 note) under the terms and conditions provided in section

25 4403.
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1 SEC. 8050. (a) During the current fiscal year, none

2 of the appropriations or funds available to the Defense

3 Business Operations Fund shall be used for the purchase

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

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

7 of the Defense Business Operations Fund if such an item

8 would not have been chargeable to the Defense Business

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

12 Department of Defense for procurement.

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

15 and other documentation supporting the fiscal year 1998

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

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

20 budgeted for in a proposed fiscal year 1998 procurement

21 appropriation and not in the supply management business

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

23 Operations Fund.

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

25 shall be available for use by a Military Department to
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1 modify an aircraft, weapon, ship or other item of equip2 ment, that the Military Department concerned plans to

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

5 shall not apply to safety modifications: Provided further,

6 That this prohibition may be waived by the Secretary of

7 a Military Department if the Secretary determines it is

8 in the best national security interest of the United States

9 to provide such waiver and so notifies the congressional

10 defense committees in writing.

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

12 Act for programs of the Central Intelligence Agency shall

13 remain available for obligation beyond the current fiscal

14 year, except for funds appropriated for the Reserve for

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

17 SEC. 8053. Notwithstanding any other provision of

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

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

24 SEC. 8054. (a) HIGH PERFORMANCE COMPUTING

25 MODERNIZATION PROGRAM.—Of the funds appropriated
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1 in this Act under the heading ‘‘Procurement, Defense2 Wide’’, $143,235,000 shall be made available for the High

3 Performance Computing Modernization Program (referred

4 to in this section as the ‘‘program’’). Of the funds appro5 priated in this Act under the heading ‘‘Research, Develop6 ment, Test and Evaluation, Defense-Wide’’, $61,380,000

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

8 made available for the program pursuant to this sub9 section, $20,000,000 shall be for the Army High Perform10 ance Computing Research Center.

11 (b) IMPLEMENTATION OF PROGRAM.—The procure12 ment funds made available for the program pursuant to

13 subsection (a) shall be used only for the procurement of

14 computer hardware and ancillary equipment for the high

15 performance computing facilities of the Department of De16 fense.

17 (c) ANNUAL PUBLICATION OF PROGRAM PLANS.—

18 Hereafter, the Secretary of Defense shall annually pre19 pare, and make available to the public, an updated and

20 unclassified program plan and program implementation

21 plan.

22 (d) REDUCTION OF ACQUISITION DELAYS.—Here23 after, the Secretary of Defense shall take such actions as

24 may be necessary to minimize delays in the acquisition of

25 computer hardware under the program.
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1 SEC. 8055. Amounts collected for the use of the fa2 cilities of the National Science Center for Communications

3 and Electronics during the current fiscal year pursuant

4 to section 1459(g) of the Department of Defense Author5 ization Act, 1986 and deposited to the special account es6 tablished under subsection 1459(g)(2) of that Act are ap7 propriated and shall be available until expended for the

8 operation and maintenance of the Center as provided for

9 in subsection 1459(g)(2).

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

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

12 military medical facility with a health care professional

13 unless the prospective candidate can demonstrate profes14 sional administrative skills.

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

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

17 Defense unless the entity, in expending the funds, com18 plies with the Buy American Act. For purposes of this

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

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

21 Treasury and Post Office Departments for the fiscal year

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

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

24 (b) If the Secretary of Defense determines that a per25 son has been convicted of intentionally affixing a label
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1 bearing a ‘‘Made in America’’ inscription to any product

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

3 in America, the Secretary shall determine, in accordance

4 with section 2410f of title 10, United States Code, wheth5 er the person should be debarred from contracting with

6 the Department of Defense.

7 (c) In the case of any equipment or products pur8 chased with appropriations provided under this Act, it is

9 the sense of the Congress that any entity of the Depart10 ment of Defense, in expending the appropriation, purchase

11 only American-made equipment and products, provided

12 that American-made equipment and products are cost13 competitive, quality-competitive, and available in a timely

14 fashion.

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

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

17 or consulting services entered into without competition on

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

19 activity responsible for the procurement determines—

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

21 only one source is found fully qualified to perform

22 the proposed work, or

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

24 unsolicited proposal which offers significant sci25 entific or technological promise, represents the prod-
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1 uct of original thinking, and was submitted in con2 fidence by one source, or

3 (3) the purpose of the contract is to take ad4 vantage of unique and significant industrial accom5 plishment by a specific concern, or to insure that a

6 new product or idea of a specific concern is given fi7 nancial support:

8 Provided, That this limitation shall not apply to contracts

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

10 improvements of equipment that is in development or pro11 duction, or contracts as to which a civilian official of the

12 Department of Defense, who has been confirmed by the

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

14 the interest of the national defense.

15 SEC. 8059. Funds appropriated by this Act for intel16 ligence activities are deemed to be specifically authorized

17 by the Congress for purposes of section 504 of the Na18 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

19 year 1997 until the enactment of the Intelligence Author20 ization Act for fiscal year 1997.

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

22 this Act may be obligated for design, development, acquisi23 tion, or operation of more than 47 Titan IV expendable

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

25 a Titan IV requirement beyond 47 vehicles.
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1 (b) $59,600,000 made available in this Act for Re2 search, Development, Test and Evaluation, Air Force,

3 may only be obligated for development of a new family

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

5 evolved from existing technologies.

6 SEC. 8061. None of the funds available to the De7 partment of Defense in this Act may be used to establish

8 additional field operating agencies of any element of the

9 Department during fiscal year 1997, except for field oper10 ating agencies funded within the National Foreign Intel11 ligence Program: Provided, That the Secretary of Defense

12 may waive this section by certifying to the House and Sen13 ate Committees on Appropriations that the creation of

14 such field operating agencies will reduce either the person15 nel and/or financial requirements of the Department of

16 Defense.

17 SEC. 8062. Notwithstanding any other provision of

18 law, for resident classes entering the war colleges after

19 September 30, 1997, the Department of Defense shall re20 quire that not less than 20 percent of the total of United

21 States military students at each war college shall be from

22 military departments other than the hosting military de23 partment: Provided, That each military department will

24 recognize the attendance at a sister military department
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1 war college as the equivalent of attendance at its own war

2 college for promotion and advancement of personnel.

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

4 may be obligated for payment on new contracts on which

5 allowable costs charged to the government include pay6 ments for individual compensation at a rate in excess of

7 $250,000 per year.

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

9 may be used to reduce the authorized positions for mili10 tary (civilian) technicians of the Army National Guard,

11 the Air National Guard, Army Reserve and Air Force Re12 serve for the purpose of applying any administratively im13 posed civilian personnel ceiling, freeze, or reduction on

14 military (civilian) technicians, unless such reductions are

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

16 SEC. 8065. None of the funds appropriated or other17 wise made available in this Act may be obligated or ex18 pended for assistance to the Democratic People’s Republic

19 of North Korea unless specifically appropriated for that

20 purpose.

21 SEC. 8066. During the current fiscal year, funds ap22 propriated in this Act are available to compensate mem23 bers of the National Guard for duty performed pursuant

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

25 by the Secretary of Defense under section 112 of title 32,
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1 United States Code: Provided, That during the perform2 ance of such duty, the members of the National Guard

3 shall be under State command and control: Provided fur4 ther, That such duty shall be treated as full-time National

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

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

7 SEC. 8067. Funds appropriated in this Act for oper8 ation and maintenance of the Military Departments, Uni9 fied and Specified Commands and Defense Agencies shall

10 be available for reimbursement of pay, allowances and

11 other expenses which would otherwise be incurred against

12 appropriations for the National Guard and Reserve when

13 members of the National Guard and Reserve provide intel14 ligence support to Unified Commands, Defense Agencies

15 and Joint Intelligence Activities, including the activities

16 and programs included within the General Defense Intel17 ligence Program and the Consolidated Cryptologic Pro18 gram: Provided, That nothing in this section authorizes

19 deviation from established Reserve and National Guard

20 personnel and training procedures.

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

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

23 the civilian medical and medical support personnel as24 signed to military treatment facilities below the September

25 30, 1996 level.
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1 SEC. 8069. All refunds or other amounts collected in

2 the administration of the Civilian Health and Medical Pro3 gram of the Uniformed Services (CHAMPUS) shall be

4 credited to current year appropriations.

5 (INCLUDING TRANSFER OF FUNDS)

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

7 Act may be transferred to or obligated from the Pentagon

8 Reservation Maintenance Revolving Fund, unless the Sec9 retary of Defense certifies that the total cost for the plan10 ning, design, construction and installation of equipment

11 for the renovation of the Pentagon Reservation will not

12 exceed $1,218,000,000.

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

14 Department of Defense for any fiscal year for drug inter15 diction or counter-drug activities may be transferred to

16 any other department or agency of the United States ex17 cept as specifically provided in an appropriations law.

18 (b) None of the funds available to the Central Intel19 ligence Agency for any fiscal year for drug interdiction

20 and counter-drug activities may be transferred to any

21 other department or agency of the United States except

22 as specifically provided in an appropriations law.

23 (TRANSFER OF FUNDS)

24 SEC. 8072. Appropriations available in this Act under

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

26 for increasing energy and water efficiency in Federal
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1 buildings may, during their period of availability, be trans2 ferred to other appropriations or funds of the Department

3 of Defense for projects related to increasing energy and

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

5 for the same general purposes, and for the same time pe6 riod, as the appropriation or fund to which transferred.

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

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

9 bearings other than those produced by a domestic source

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

11 the military department responsible for such procurement

12 may waive this restriction on a case-by-case basis by cer13 tifying in writing to the Committees on Appropriations of

14 the House of Representatives and the Senate, that ade15 quate domestic supplies are not available to meet Depart16 ment of Defense requirements on a timely basis and that

17 such an acquisition must be made in order to acquire ca18 pability for national security purposes.

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

20 used to purchase any supercomputer which is not manu21 factured in the United States, unless the Secretary of De22 fense certifies to the congressional defense committees

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

24 capability for national security purposes that is not avail25 able from United States manufacturers.
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1 SEC. 8075. None of the funds appropriated by this

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

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

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

5 vessel was constructed after October 1, 1995 unless the

6 Secretary of Defense requires that the vessel be con7 structed in the United States with a double hull under

8 the long-term lease or charter authority provided in sec9 tion 2401 note of title 10, United States Code: Provided,

10 That this limitation shall not apply to contracts in force

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

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

13 charters must be for ships of double hull design con14 structed after October 1, 1995 if available in numbers suf15 ficient to satisfy this requirement: Provided further, That

16 the Military Sealift Command shall plan to achieve the

17 goal of eliminating single hull ship leases by the year

18 2015.

19 SEC. 8076. Notwithstanding any other provision in

20 this Act, the total amount appropriated in this Act is here21 by reduced by $500,000,000 to reflect savings from re22 duced carryover of activities funded through the Defense

23 Business Operations Fund, to be distributed as follows:

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

25 ‘‘Operation and Maintenance, Navy’’, $440,000,000.
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1 SEC. 8077. During the current fiscal year, the Army

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

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

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

5 expended to transport Army personnel into Edwards Air

6 Force Base for training rotations at the National Training

7 Center.

8 SEC. 8078. (a) The Secretary of Defense shall sub9 mit, on a quarterly basis, a report to the congressional

10 defense committees, the Committee on International Rela11 tions of the House of Representatives and the Committee

12 on Foreign Relations of the Senate setting forth all costs

13 (including incremental costs) incurred by the Department

14 of Defense during the preceding quarter in implementing

15 or supporting resolutions of the United Nations Security

16 Council, including any such resolution calling for inter17 national sanctions, international peacekeeping operations,

18 and humanitarian missions undertaken by the Depart19 ment of Defense. The quarterly report shall include an ag20 gregate of all such Department of Defense costs by oper21 ation or mission.

22 (b) The Secretary of Defense shall detail in the quar23 terly reports all efforts made to seek credit against past

24 United Nations expenditures and all efforts made to seek

25 compensation from the United Nations for costs incurred
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1 by the Department of Defense in implementing and sup2 porting United Nations activities.

3 SEC. 8079. (a) LIMITATION ON TRANSFER OF DE4 FENSE ARTICLES AND SERVICES.—Notwithstanding any

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

6 Department of Defense for the current fiscal year may be

7 obligated or expended to transfer to another nation or an

8 international organization any defense articles or services

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

10 described in subsection (b) unless the congressional de11 fense committees, the Committee on International Rela12 tions of the House of Representatives, and the Committee

13 on Foreign Relations of the Senate are notified 15 days

14 in advance of such transfer.

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

16 to—

17 (A) any international peacekeeping or peace-en18 forcement operation under the authority of chapter

19 VI or chapter VII of the United Nations Charter

20 under the authority of a United Nations Security

21 Council resolution; and

22 (B) any other international peacekeeping,

23 peace-enforcement, or humanitarian assistance oper24 ation.
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1 (c) REQUIRED NOTICE.—A notice under subsection

2 (a) shall include the following:

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

4 services to be transferred.

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

6 supplies, or services to be transferred.

7 (3) In the case of a proposed transfer of equip8 ment or supplies—

9 (A) a statement of whether the inventory

10 requirements of all elements of the Armed

11 Forces (including the reserve components) for

12 the type of equipment or supplies to be trans13 ferred have been met; and

14 (B) a statement of whether the items pro15 posed to be transferred will have to be replaced

16 and, if so, how the President proposes to pro17 vide funds for such replacement.

18 SEC. 8080. None of the funds available to the De19 partment of Defense shall be obligated or expended to

20 make a financial contribution to the United Nations for

21 the cost of an United Nations peacekeeping activity

22 (whether pursuant to assessment or a voluntary contribu23 tion) or for payment of any United States arrearage to

24 the United Nations.
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1 SEC. 8081. None of the funds available to the De2 partment of Defense under this Act shall be obligated or

3 expended to pay a contractor under a contract with the

4 Department of Defense for costs of any amount paid by

5 the contractor to an employee when—

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

7 excess of the normal salary paid by the contractor

8 to the employee; and

9 (2) such bonus is part of restructuring costs as10 sociated with a business combination.

11 SEC. 8082. The amount otherwise provided by this

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

13 reduced by $195,000,000, to reflect a reduction in the

14 passthrough to the Air Force business areas of the De15 fense Business Operations Fund.

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

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

18 may be obligated or expended to finance housing for any

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

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

21 of the military forces of the Russian Federation.

22 SEC. 8084. Beginning in fiscal year 1997 and there23 after, and notwithstanding any other provision of law,

24 fixed and mobile telecommunications support shall be pro25 vided by the White House Communications Agency
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1 (WHCA) to the United States Secret Service (USSS),

2 without reimbursement, in connection with the Secret

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

4 President or the Vice President or other officer imme5 diately next in order of succession to the office of the

6 President at the White House Security Complex in the

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

8 Maryland. For these purposes, the White House Security

9 Complex includes the White House, the White House

10 grounds, the Old Executive Office Building, the New Ex11 ecutive Office Building, the Blair House, the Treasury

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

13 Observatory: Provided, That funds made available to the

14 WHCA (or any successor agency) for support services for

15 the President from funds appropriated for the Department

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

17 1997) may be used only for the provision of telecommuni18 cations support to the President and Vice President and

19 related elements (as defined in regulations of that agency

20 and specified by the President with respect to particular

21 individuals within those related elements).

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

23 31, United States Code, any subdivision of appropriations

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

25 Conversion, Navy’’ shall be considered to be for the same
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1 purpose as any subdivision under the heading ‘‘Shipbuild2 ing and Conversion, Navy’’ appropriations in any prior

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

4 amount of the appropriation.

5 SEC. 8086. During the current fiscal year, and not6 withstanding 31 U.S.C. 1552(a), funds appropriated

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

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

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

10 available for expenditure and for adjusting obligations for

11 such program until September 30, 2002.

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

13 of an appropriation account of the Department of Defense

14 for which the period of availability for obligation has ex15 pired or which has closed under the provisions of section

16 1552 of title 31, United States Code, and which has a

17 negative unliquidated or unexpended balance, an obliga18 tion or an adjustment of an obligation may be charged

19 to any current appropriation account for the same purpose

20 as the expired or closed account if—

21 (1) the obligation would have been properly

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

23 closed account before the end of the period of avail24 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 obli5 gation is not chargeable to a current appropriation

6 of the Department of Defense under the provisions

7 of section 1405(b)(8) of the National Defense Au8 thorization Act for Fiscal Year 1991, Public Law

9 101–510, as amended (31 U.S.C. 1551 note): Pro10 vided, That in the case of an expired account, if sub11 sequent review or investigation discloses that there

12 was not in fact a negative unliquidated or unex13 pended balance in the account, any charge to a cur14 rent account under the authority of this section shall

15 be reversed and recorded against the expired ac16 count: Provided further, That the total amount

17 charged to a current appropriation under this sec18 tion may not exceed an amount equal to one percent

19 of the total appropriation for that account.

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

21 Security Guard Program shall be administered under the

22 terms and conditions of the March 29, 1994 Memorandum

23 of Understanding between the Department of Defense and

24 the Department of State concerning such program and the

25 Department of State shall continue to pay, or provide re-
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1 imbursement for, Marine Security Guard costs which are

2 the responsibility of the State Department under the pro3 visions of such Memorandum.

4 SEC. 8089. Notwithstanding any other provision in

5 this Act, the total amount appropriated in this Act is here6 by reduced by $350,000,000 to reflect savings from im7 proved management of spare and repair parts inventories

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

9 ‘‘Operation and Maintenance, Army’’, $91,000,000; ‘‘Op10 eration and Maintenance, Navy’’, $32,600,000; and ‘‘Op11 eration and Maintenance, Air Force’’, $226,400,000.

12 SEC. 8090. Notwithstanding any other provision of

13 law, the Air Force shall not introduce any new supplier

14 for the remaining production units for the AN/ALE–47

15 Countermeasure Dispenser System.

16 SEC. 8091. In applying section 9005 of the Depart17 ment of Defense Appropriations Act, 1993 (Public Law

18 102–396)—

19 (1) synthetic fabric and coated synthetic fabric

20 shall be deemed to include synthetic fiber and yarn

21 and their products; and

22 (2) such section shall (notwithstanding section

23 34 of Public Law 93–400) be treated as being appli24 cable to contracts and subcontracts for the procure25 ment of commercial items that are articles or items,
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1 specialty metals, or tools covered by that section

2 9005.

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

4 FUTURE DEEP-STRIKE CAPABILITIES.—

5 (1) The Secretary of Defense shall carry out

6 the deep-strike tradeoff study announced by the

7 President to study tradeoffs between bombers, land

8 and sea-based tactical aircraft, and missiles capable

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

10 (2) The Secretary of Defense shall establish an

11 ad hoc review committee under the auspices of the

12 Defense Science Board to establish the methodologi13 cal approach to the tradeoff study, to establish a

14 broad range of stressing scenarios of interest, and to

15 review assumptions regarding the analyses to be con16 ducted.

17 (3) The ad hoc review committee to be estab18 lished under paragraph (2) shall include among its

19 members analysts who have performed or partici20 pated in bomber trade-off analysis, retired military

21 personnel with broad experience in recent conven22 tional warfare operations, and experts on the logis23 tics of both initial deployment and sustaining sup24 port. These members shall be selected without re-
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1 gard for current service on the Defense Science

2 Board.

3 (4) After submitting its recommendations for

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

5 Secretary of Defense, the ad hoc review committee

6 shall continue to meet regularly to review prelimi7 nary results of the analysis and to recommend addi8 tional variations in assumptions that may be re9 quired to illuminate particular force trade-off issues.

10 SEC. 8093. TACTICAL AIRCRAFT REQUIREMENT

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

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

13 under the direct supervision of the Joint Requirements

14 Oversight Council (JROC) assessing future tactical air15 craft requirements across service jurisdictions. This study

16 shall determine the best and most affordable mix of weap17 on systems to carry out different mission areas and shall

18 include recommendations for changes to the planned num19 bers and types of tactical aircraft to be developed and pro20 cured over the next ten years if appropriate. Such report

21 shall be submitted to the Congressional defense commit22 tees no later than March 30, 1997.

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

24 WORK PERFORMED IN THE UNITED STATES.—None of

25 the funds available to the Department of Defense under
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1 this Act may be obligated or expended to evaluate sealed

2 bids and competitive proposals for a contract for the pro3 curement of property or services except when it is made

4 known to the Federal official having authority to obligate

5 or expend such funds that—

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

7 of work under the contract that the bidder or offeror

8 plans to perform in the United States; and

9 (2) a high importance is assigned to such fac10 tor.

11 (b) BREACH OF CONTRACT FOR TRANSFERRING

12 WORK OUTSIDE THE UNITED STATES.—None of the

13 funds available to the Department of Defense under this

14 Act may be obligated or expended to procure property or

15 services except when it is made known to the Federal offi16 cial having authority to obligate or expend such funds that

17 each contract for the procurement of property or services

18 includes a clause providing that the contractor is deemed

19 to have breached the contract if the contractor performs

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

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

22 it planned to perform in the United States.

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

24 None of the funds available to the Department of Defense

25 under this Act may be obligated or expended to renew a
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1 covered contract when it is made known to the Federal

2 official having authority to obligate or expend such funds

3 that the amount of work performed outside the United

4 States under the covered contract exceeded the maximum

5 amount of work that the contractor was expected to per6 form outside the United States, based on the amount of

7 work that the contractor stated, in its response to the so8 licitation for the contract, that it planned to perform in9 side the United States.

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

11 is a contract for the procurement of property or services

12 that is made pursuant to a solicitation described in sub13 section (a).

14 (d) WAIVER.—Subsections (a), (b), and (c) shall not

15 apply with respect to funds available to the Department

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

17 Federal official having authority to obligate or expend

18 such funds that an emergency situation or the national

19 security interests of the United States requires the obliga20 tion or expenditure of such funds.

21 (e) EXCEPTION FOR CONTRACTS BELOW SIMPLIFIED

22 ACQUISITION THRESHOLD.—This section does not apply

23 to contracts for amounts not greater than the simplified

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

25 title 10, United States Code).
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1 (f) EFFECTIVE DATE.—This section shall apply with

2 respect to contracts entered into more than 60 days after

3 the date of the enactment of this Act.

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

5 Appropriations Act, 1997’’.