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services except when it is made known to the Federal offi-
cial having authority to obligate or expend such funds that
each contract for the procurement of property or services
includes a clause providing that the contractor is deemed
to have breached the contract if the contractor performs
less work in the United States than the contractor stated,
in its response to the solicitation for the contract, that
it planned to perform in the United States.
(c) INELIGIBILITY FOR CONTRACT RENEWAL.—(1)
None of the funds available to the Department of Defense
under this Act may be obligated or expended to renew a
covered contract when it is made known to the Federal
official having authority to obligate or expend such funds
that the amount of work performed outside the United
States under the covered contract exceeded the maximum
amount of work that the contractor was expected to per-
form outside the United States, based on the amount of
work that the contractor stated, in its response to the so-
licitation for the contract, that it planned to perform in-
side the United States.
(2) For purposes of this section, a covered contract
is a contract for the procurement of property or services
that is made pursuant to a solicitation described in sub-
section (a).
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(d) WAIVER.—Subsections (a), (b), and (c) shall not
apply with respect to funds available to the Department
of Defense under this Act when it is made known to the
Federal official having authority to obligate or expend
such funds that an emergency situation or the national
security interests of the United States requires the obliga-
tion or expenditure of such funds.
(e) EXCEPTION FOR CONTRACTS BELOW SIMPLIFIED
ACQUISITION THRESHOLD.—This section does not apply
to contracts for amounts not greater than the simplified
acquisition threshold (as specified in section 2302(7) of
title 10, United States Code).
(f) EFFECTIVE DATE.—This section shall apply with
respect to contracts entered into more than 60 days after
the date of the enactment of this Act.
SEC. 8095. None of the funds available to the De-
partment of Defense under this Act may be obligated or
expended to pay a contractor under a contract with the
Department of Defense for any costs incurred by the con-
tractor when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that such
costs are restructuring costs associated with a business
combination that were incurred on or after August 15,
1994.
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SEC. 8096. None of the funds available to the De-
partment of Defense under this Act may be obligated or
expended to procure landing gear for aircraft except when
it is made known to the Federal official having authority
to obligate or expend such funds that—
(1) the manufacturer of the item is part of the
national technology and industrial base;
(2) the landing gear is manufactured and as-
sembled in the United States; and
(3) the contract through which the procurement
is made is entered into more than 30 days after the
date of the enactment of this Act: Provided, That
contracts existing on the date of enactment of this
Act and existing or subsequent options in such con-
tracts through January 1, 2000, are not covered by
this section if the Secretary of the military depart-
ment which issued the aircraft production contract
certifies to the Appropriations Committees of the
House and Senate that purchasing landing gear
under the terms of this section will create a signifi-
cant adverse technical, cost, or schedule impact on
the aircraft production program.
SEC. 8097. (a) None of the funds appropriated or
otherwise made available by this Act for the Department
of Defense specimen repository described in subsection (b)
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may be used for any purpose except in accordance with
the requirement in paragraph numbered 3 of the covered
Department of Defense policy memorandum that specifi-
cally provides that permissible uses of specimen samples
in the repository are limited to the following purposes:
(1) Identification of human remains.
(2) Internal quality assurance activities to vali-
date processes for collection, maintenance and analy-
sis of samples.
(3) A purpose for which the donor of the sam-
ple (or surviving next-of-kin) provides consent.
(4) As compelled by other applicable law in a
case in which all of the following conditions are
present:
(A) The responsible Department of De-
fense official has received a proper judicial
order or judicial authorization.
(B) The specimen sample is needed for the
investigation or prosecution of a crime punish-
able by one year or more of confinement.
(C) No reasonable alternative means for
obtaining a specimen for DNA profile analysis
is available.
(b) The specimen repository referred to in subsection
(a) is the repository that was established pursuant to Dep-
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uty Secretary of Defense Memorandum 47803, dated De-
cember 16, 1991, and designated as the ‘‘Armed Forces
Repository of Specimen Samples for the Identification of
Remains’’ by paragraph numbered 4 in the covered De-
partment of Defense policy memorandum.
(c) For purposes of this section, the covered Depart-
ment of Defense policy memorandum is the memorandum
of the Assistant Secretary of Defense (Health Affairs) for
the Secretary of the Army, dated April 2, 1996, issued
pursuant to law which states as its subject ‘‘Policy Refine-
ments for the Armed Forces Repository of Specimen Sam-
ples for the Identification of Remains’’.
SEC. 8098. Hereafter, the Air National Guard may
assume responsibility for providing firefighting and rescue
services in response to all aircraft-related emergencies at
the Lincoln Municipal Airport in Lincoln, Nebraska.
SEC. 8099. None of the funds made available to the
Department of Defense under this Act may be obligated
or expended to enter into or renew a contract with an en-
tity when it is made known to the Federal official having
authority to obligate or expend such funds that—
(1) such entity is otherwise a contractor with
the United States and is subject to the requirement
in section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the Sec-