H. R. 2126—25
SEC. 8041. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act.
SEC. 8042. (a) Of the funds for the procurement of supplies
or services appropriated by this Act, qualified nonprofit agencies
for the blind or other severely handicapped shall be afforded the
maximum practicable opportunity to participate as subcontractors
and suppliers in the performance of contracts let by the Department
of Defense.
(b) During the current fiscal year, a business concern which
has negotiated with a military service or defense agency a sub-
contracting plan for the participation by small business concerns
pursuant to section 8(d) of the Small Business Act (15 U.S.C.
637(d)) shall be given credit toward meeting that subcontracting
goal for any purchases made from qualified nonprofit agencies for
the blind or other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘qualified non-
profit agency for the blind or other severely handicapped’’ means
a nonprofit agency for the blind or other severely handicapped
that has been approved by the Committee for the Purchase from
the Blind and Other Severely Handicapped under the Javits-Wag-
ner-O’Day Act (41 U.S.C. 46–48).
SEC. 8043. During the current fiscal year, net receipts pursuant
to collections from third party payers pursuant to section 1095
of title 10, United States Code, shall be made available to the
local facility of the uniformed services responsible for the collections
and shall be over and above the facility’s direct budget amount.
SEC. 8044. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That, upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriation or fund which incurred
such obligations.
SEC. 8045. Of the funds made available in this Act, not less
than $25,144,000 shall be available for the Civil Air Patrol, of
which $16,704,000 shall be available for Operation and Mainte-
nance.
SEC. 8046. (a) None of the funds appropriated in this Act
are available to establish a new FFRDC, either as a new entity,
or as a separate entity administered by an organization managing
another FFRDC, or as a nonprofit membership corporation consist-
ing of a consortium of other FFRDCs and other nonprofit entities.
(b) LIMITATION ON COMPENSATION.—No member of a Board
of Directors, Trustees, Overseers, Advisory Group, Special Issues
Panel, Visiting Committee, or any similar entity of a defense
FFRDC, and no paid consultant to any defense FFRDC, may be
compensated for his or her services as a member of such entity,
or as a paid consultant, except under the same conditions, and
to the same extent, as members of the Defense Science Board:
Provided, That a member of any such entity referred to previously
in this subsection shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations, when
engaged in the performance of membership duties.
H. R. 2126—26
(c) Notwithstanding any other provision of law, none of the
funds available to the Department of Defense from any source
during fiscal year 1996 may be used by a defense FFRDC, through
a fee or other payment mechanism, for charitable contributions,
for construction of new buildings, for payment of cost sharing for
projects funded by government grants, or for absorption of contract
overruns.
(d) Notwithstanding any other provision of law, of the amounts
available to the Department of Defense during fiscal year 1996,
not more than $1,162,650,000 may be obligated for financing activi-
ties of defense FFRDCs: Provided, That the total amounts appro-
priated in titles II, III, and IV of this Act are hereby reduced
by $90,000,000 to reflect the funding ceiling contained in this sub-
section.
SEC. 8047. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of enactment of this Act.
SEC. 8048. None of the unobligated balances available in the
National Defense Stockpile Transaction Fund during the current
fiscal year may be obligated or expended to finance any grant
or contract to conduct research, development, test and evaluation
activities for the development or production of advanced materials,
unless amounts for such purposes are specifically appropriated in
a subsequent appropriations Act.
SEC. 8049. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the National Security Committee of
the House of Representatives, the Armed Services Committee of
the Senate, the subcommittee on Defense of the Committee on
Appropriations of the Senate, and the subcommittee on National
Security of the Committee on Appropriations of the House of
Representatives.
SEC. 8050. Notwithstanding any other provision of law, during
the current fiscal year, the Department of Defense may acquire
the modification, depot maintenance and repair of aircraft, vehicles
and vessels as well as the production of components and other
Defense-related articles, through competition between Department
of Defense depot maintenance activities and private firms: Provided,
That the Senior Acquisition Executive of the military department
or defense agency concerned, with power of delegation, shall certify
that successful bids include comparable estimates of all direct and
indirect costs for both public and private bids: Provided further,
H. R. 2126—27
That Office of Management and Budget Circular A–76 shall not
apply to competitions conducted under this section.
SEC. 8051. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to Congress a report
on the amount of Department of Defense purchases from foreign
entities in fiscal year 1996. Such report shall separately indicate
the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2),
the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or
any international agreement to which the United States is a party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
SEC. 8052. Notwithstanding any other provision of law, the
Secretary of Defense may, when he considers it in the best interest
of the United States, cancel any part of an indebtedness, up to
$2,500, that is or was owed to the United States by a member
or former member of a uniformed service if such indebtedness,
as determined by the Secretary, was incurred in connection with
Operation Desert Shield/Storm: Provided, That the amount of an
indebtedness previously paid by a member or former member and
cancelled under this section shall be refunded to the member.
SEC. 8053. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
SEC. 8054. During the current fiscal year, voluntary separation
incentives payable under 10 U.S.C. 1175 may be paid in such
amounts as are necessary from the assets of the Voluntary Separa-
tion Incentive Fund established by section 1175(h)(1).
SEC. 8055. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of Colum-
bia, within the District of Columbia, in which the military installa-
tion is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
H. R. 2126—28
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with
another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8056. Amounts deposited during the current fiscal year
to the special account established under 40 U.S.C. 485(h)(2) and
to the special account established under 10 U.S.C. 2667(d)(1) are
appropriated and shall be available until transferred by the Sec-
retary of Defense to current applicable appropriations or funds
of the Department of Defense under the terms and conditions
specified by 40 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.
2667(d)(1)(B), to be merged with and to be available for the same
time period and the same purposes as the appropriation to which
transferred.
SEC. 8057. During the current fiscal year, appropriations avail-
able to the Department of Defense may be used to reimburse
a member of a reserve component of the Armed Forces who is
not otherwise entitled to travel and transportation allowances and
who occupies transient government housing while performing active
duty for training or inactive duty training: Provided, That such
members may be provided lodging in kind if transient government
quarters are unavailable as if the member was entitled to such
allowances under subsection (a) of section 404 of title 37, United
States Code: Provided further, That if lodging in kind is provided,
any authorized service charge or cost of such lodging may be paid
directly from funds appropriated for operation and maintenance
of the reserve component of the member concerned.
SEC. 8058. The President shall include with each budget for
a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, materials that shall identify clearly
and separately the amounts requested in the budget for appropria-
tion for that fiscal year for salaries and expenses related to
administrative activities of the Department of Defense, the military
departments, and the Defense Agencies.
SEC. 8059. None of the funds in this or any other Act shall
be available for the preparation of studies on—
(a) the feasibility of removal and transportation of unitary
chemical weapons from the eight chemical storage sites within
the continental United States to Johnston Atoll: Provided, That
this prohibition shall not apply to General Accounting Office
studies requested by a Member of Congress or a Congressional
Committee; and
(b) the potential future uses of the nine chemical disposal
facilities other than for the destruction of stockpile chemical
munitions and as limited by section 1412(c)(2), Public Law
99–145: Provided, That this prohibition does not apply to future
use studies for the CAMDS facility at Tooele, Utah.
SEC. 8060. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.