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(c) For the purpose of this section, the phrase ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
SEC. 8042. 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. 8043. Notwithstanding any other provision of
law, of the funds appropriated for the Defense Health Pro-
gram during this fiscal year and hereafter, the amount pay-
able for services provided under this section shall not be
less than the amount calculated under the coordination of
benefits reimbursement formula utilized when CHAMPUS
is a secondary payor to medical insurance programs other
than Medicare, and such appropriations as necessary shall
be available (notwithstanding the last sentence of section
1086(c) of title 10, United States Code) to continue Civilian
Health and Medical Program of the Uniformed Services
(CHAMPUS) benefits, until age 65, under such section for
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a former member of a uniformed service who is entitled to
retired or retainer pay or equivalent pay, or a dependent
of such a member, or any other beneficiary described by
section 1086(c) of title 10, United States Code, who becomes
eligible for hospital insurance benefits under part A of title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
solely on the grounds of physical disability, or end stage
renal disease: Provided, That expenses under this section
shall only be covered to the extent that such expenses are
not covered under parts A and B of title XVIII of the Social
Security Act and are otherwise covered under CHAMPUS:
Provided further, That no reimbursement shall be made for
services provided prior to October 1, 1991.
SEC. 8044. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not
to exceed $250,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That, upon receipt, such
contributions from the Government of Kuwait shall be cred-
ited to the appropriation or fund which incurred such obli-
gations.
SEC. 8045. None of the unobligated balances available
in the National Defense Stockpile Transaction Fund during
the current fiscal year may be obligated or expended to fi-
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nance any grant or contract to conduct research, develop-
ment, test and evaluation activities for the development or
production of advanced materials, unless amounts for such
purposes are specifically appropriated in a subsequent ap-
propriations Act.
SEC. 8046. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the National Security
Committee of the House of Representatives, the Armed Serv-
ices 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. 8047. Notwithstanding any other provision of
law, during the current fiscal year, the Department of De-
fense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the produc-
tion 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 depart-
ment or defense agency concerned, with power of delegation,
shall certify that successful bids include comparable esti-
mates of all direct and indirect costs for both public and
private bids: Provided further, That Office of Management
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and Budget Circular A–76 shall not apply to competitions
conducted under this section.
SEC. 8048. 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 Columbia, within
the District of Columbia, in which the military installation
is located: Provided, That in a case in which the military
installation is located in more than one State, purchases
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all
alcoholic beverages only for military installations in States
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia
shall be procured from the most competitive source, price
and other factors considered.
SEC. 8049. 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
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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. 8050. 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 Separation Incentive Fund established by
section 1175(h)(1).
(INCLUDING TRANSFER OF FUNDS)
SEC. 8051. Amounts deposited during the current fis-
cal year and hereafter to the special account established
under 40 U.S.C. 485(h)(2) and to the special account estab-
lished under 10 U.S.C. 2667(d)(1) are appropriated and
shall be available until transferred by the Secretary of De-
fense to current applicable appropriations or funds of the
Department of Defense under the terms and conditions spec-
ified 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 appro-
priation to which transferred.
SEC. 8052. 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
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not apply to General Accounting Office studies re-
quested 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 sec-
tion 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. 8053. During the current fiscal year, appropria-
tions available 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 transpor-
tation allowances and who occupies transient government
housing while performing active duty for training or inac-
tive 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 allow-
ances 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 lodg-
ing may be paid directly from funds appropriated for oper-
ation and maintenance of the reserve component of the
member concerned.
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SEC. 8054. For fiscal year 1996, the total amount ap-
propriated to fund the Uniformed Services Treatment Fa-
cilities program, operated pursuant to section 911 of Public
Law 97–99 (42 U.S.C. 248c), is limited to $329,000,000,
of which not more than $300,000,000 may be provided by
the funds appropriated by this Act.
SEC. 8055. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eligi-
ble to participate in any manufacturing extension program
financed by funds appropriated in this or any other Act.
SEC. 8056. 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. 2687 note) shall be
available until expended for the payments specified by sec-
tion 2921(c)(2) of that Act.
SEC. 8057. During the current fiscal year, annual
payments granted under the provisions of section 4416 of
the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102–428; 106 Stat. 2714) shall be made
from appropriations in this Act which are available for the
pay of reserve component personnel.
SEC. 8058. During the current fiscal year, appropria-
tions available for the pay and allowances of active duty
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members of the Armed Forces shall be available to pay the
retired pay which is payable pursuant to section 4403 of
Public Law 102–484 (10 U.S.C. 1293 note) under the terms
and conditions provided in section 4403.
SEC. 8059. None of the funds provided in this Act shall
be available for use by a Military Department to modify
an aircraft, weapon, ship or other item of equipment, that
the Military Department concerned plans to retire or other-
wise dispose of within five years after completion of the
modification: Provided, That this prohibition shall not
apply to safety modifications: Provided further, That this
prohibition may be waived by the Secretary of a Military
Department if the Secretary determines it is in the best na-
tional security interest of the United States to provide such
waiver and so notifies the congressional defense committees
in writing.
SEC. 8060. None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30,
1997.
SEC. 8061. Notwithstanding any other provision of
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and
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deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands,
and the component commands.
SEC. 8062. (a) None of the funds appropriated or oth-
erwise made available in this Act may be used to transport
or provide for the transportation of chemical munitions to
the Johnston Atoll for the purpose of storing or demilitariz-
ing such munitions.
(b) The prohibition in subsection (a) shall not apply
to any obsolete World War II chemical munition of the
United States found in the World War II Pacific Theater
of Operations.
(c) The President may suspend the application of sub-
section (a) during a period of war in which the United
States is a party.
SEC. 8063. Amounts collected for the use of the facili-
ties of the National Science Center for Communications and
Electronics during the current fiscal year pursuant to sec-
tion 1459(g) of the Department of Defense Authorization
Act, 1986 and deposited to the special account established
under subsection 1459(g)(2) of that Act are appropriated
and shall be available until expended for the operation and
maintenance of the Center as provided for in subsection
1459(g)(2).
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SEC. 8064. None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
‘‘Buy American Act’’ means title III of the Act entitled ‘‘An
Act making appropriations for the Treasury and Post Of-
fice 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. 8065. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $8,000,000 shall be
made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation, on In-
dian lands resulting from Department of Defense activities.
SEC. 8066. None of the funds appropriated by this Act
shall be available for a contract for studies, analyses, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines—
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(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work,
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific
or technological promise, represents the product of
original thinking, and was submitted in confidence
by one source, or
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new
product or idea of a specific concern is given finan-
cial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to im-
provements of equipment that is in development or produc-
tion, or contracts as to which a civilian official of the De-
partment of Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the interest
of the national defense.
SEC. 8067. To the extent authorized in law, the Sec-
retary of Defense shall issue loan guarantees in support of
U.S. defense exports not otherwise provided for: Provided,
That the total contingent liability of the United States for
guarantees issues under the authority of this section may
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not exceed $15,000,000,000: Provided further, That the ex-
posure fees charged and collected by the Secretary for each
guarantee, shall be paid by the country involved and shall
not be financed as part of a loan guaranteed by the United
States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations,
Armed Services and Foreign Relations of the Senate and
the Committees of Appropriations, National Security and
International Relations in the House of Representatives on
the implementation of this program.
SEC. 8068. Funds appropriated by this Act for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year
1996 until the enactment of the Intelligence Authorization
Act for fiscal year 1996.
SEC. 8069. None of the funds provided in this Act may
be obligated or expended for the sale of zinc in the National
Defense Stockpile if zinc commodity prices decline more
than five percent below the London Metals Exchange market
price reported on the date of enactment of this Act.
SEC. 8070. During the current fiscal year, funds ap-
propriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a
plan submitted by a Governor of a State and approved by
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the Secretary of Defense under section 112 of title 32, Unit-
ed States Code: Provided, That during the performance of
such duty, the members of the National Guard shall be
under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty
for purposes of sections 3686(2) and 8686(2) of title 10,
United States Code.
SEC. 8071. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Uni-
fied and Specified Commands and Defense Agencies shall
be available for reimbursement of pay, allowances, and
other expenses which would otherwise be incurred against
appropriations of the National Guard and Reserve when
members of the National Guard and Reserve provide intel-
ligence support to Unified Commands, Defense Agencies
and Joint Intelligence Activities, including the activities
and programs included within the General Defense Intel-
ligence Program and the Consolidated Cryptologic Pro-
gram: Provided, That nothing in this section authorizes de-
viation from established Reserve and National Guard per-
sonnel and training procedures.
SEC. 8072. All refunds or other amounts collected in
the administration of the Civilian Health and Medical Pro-
gram of the Uniformed Services (CHAMPUS) shall be cred-
ited to current year appropriations.
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(RESCISSION)
SEC. 8073. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts in the specified
amounts:
‘‘Procurement of Ammunition, Army, 1993/
1995’’, $15,000,000;
‘‘Aircraft Procurement, Air Force, 1994/1996’’,
$53,654,000;
‘‘Aircraft Procurement, Air Force, 1995/1997’’,
$53,100,000;
‘‘Shipbuilding and Conversion, Navy, 1991/
1995’’, $13,570,000;
‘‘Other 
Procurement, 
Navy, 
1995/1997’’,
$8,600,000;
‘‘Research, Development, Test and Evaluation,
Army, 1994/1995’’, $242,000;
‘‘Research, Development, Test and Evaluation,
Army, 1995/1996’’, $11,156,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1994/1995’’, $4,416,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1995/1996’’, $10,150,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1994/1995’’, $46,589,000; and
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‘‘Research, Development, Test and Evaluation,
Air Force, 1995/1996’’, $15,767,000.
SEC. 8074. None of the funds in this or any other Act
may be used to implement the plan to reorganize the re-
gional headquarters and basic camps structure of the Re-
serve Officer Training Corps program of the Army until
the Comptroller General of the United States has certified
to the congressional defense committees that the methodology
and evaluation of the potential sites were consistent with
the established criteria for the consolidation, that all data
used by the Army in the evaluation was accurate and com-
plete, and that the conclusions reached are based upon the
total costs of the Army’s final plan to establish the Eastern
Reserve Officer Training Corps Headquarters at Fort
Benning, Georgia: Provided, That all cost, including Mili-
tary Construction, shall be considered as well as an analysis
of the impact of the consolidation on the surrounding com-
munities for all affected installations.
SEC. 8075. During the current fiscal year, the mini-
mum number of personnel employed as military reserve
technicians (as defined in section 8401(30) of title 5, United
States Code) for reserve components as of the last day of
the fiscal year shall be as follows:
For the Army National Guard, 25,750;
For the Army Reserve, 7,000;
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For the Air National Guard, 23,250; and
For the Air Force Reserve, 10,000:
Provided, That in addition to funds provided elsewhere in
this Act, the following amounts are appropriated to the fol-
lowing accounts only for the pay of military reserve techni-
cians (as defined in section 8401(30) of title 5, United
States Code):
Operation and Maintenance, Army Reserve,
$24,822,000;
Operation and Maintenance, Air Force Reserve,
$12,800,000;
Operation and Maintenance, Army National
Guard, $27,628,000; and
Operation and Maintenance, Air National
Guard, $30,800,000.
SEC. 8076. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to or programs in the Democratic
People’s Republic of North Korea unless specifically appro-
priated for that purpose: Provided, That the Secretary of
Defense and the Secretaries of the military services must
notify the congressional defense committees within 24 hours
of any obligation, transfer, or expenditure of funds in excess
of $500,000 pursuant to authorities granted for emergency
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and extraordinary requirements provided in title II of this
Act.
SEC. 8077. (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 or-
ganization managing another FFRDC, or as a nonprofit
membership corporation consisting 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 mem-
bers 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.
(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,
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for payment of cost sharing for projects funded by govern-
ment grants, or for absorption of contract overruns.
(d) Notwithstanding any other provision of law, of the
amounts available to the Department of Defense during fis-
cal year 1996, not more than $1,162,650,000 may be obli-
gated for financing activities of defense FFRDCs: Provided,
That the total amounts appropriated in titles II, III, and
IV of this Act are hereby reduced by $90,000,000 to reflect
the funding ceiling contained in this subsection.
SEC. 8078. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 1995
level.
(TRANSFER OF FUNDS)
SEC. 8079. Upon enactment of this Act, the Secretary
of Defense shall make the following transfers of funds: Pro-
vided, That the amounts transferred shall be available for
the same purposes as the appropriations to which trans-
ferred, and for the same time period as the appropriation
from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1986/1990’’:
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SSN–688 
attack 
submarine 
program,
$5,051,000;
CG–47 cruiser program, $2,500,000;
BB battleship reactivation, $4,000,000;
T–AGOS 
SURTASS 
ship 
program,
$2,135,000;
LCAC landing craft air cushion program,
$4,800,000;
For craft, outfitting, post delivery, and cost
growth, $8,660,000;
Weapons Procurement, Navy, 1994/1996,
$30,900,000;
Other 
Procurement, 
Navy, 
1994/1996,
$9,200,000;
Aircraft procurement, Navy, 1994/1996,
$2,056,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1986/1990’’:
MSH 
coastal 
mine 
hunter 
program,
$69,302,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1988/1992’’:
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SSN–688 
attack 
submarine 
program,
$1,500,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1988/1992’’:
T–ACS auxilary crane ship program,
$1,500,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1989/1993’’:
SSN–688 
attack 
submarine 
program,
$23,535,000;
DDG–51 destroyer program, $33,700,000;
T–AO fleet oiler program, $38,969,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1989/1993’’:
SSN–21 
attack 
submarine 
program,
$65,886,000;
MHC 
coastal 
mine 
hunter 
program,
$30,318,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1990/1994’’:
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SSN–688 
attack 
submarine 
program,
$1,907,000;
DDG–51 destroyer program, $22,669,000;
For craft, outfitting and post delivery,
$3,900,000;
Aircraft Procurement, Navy, 1994/1996,
$17,944,000;
Procurement of Ammunition, Navy and
Marine Corps, 1995/1997, $5,116,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1990/1994’’:
MHC coastal mine hunter, $9,536,000;
T–AGOS 
surveillance 
ship 
program,
$42,000,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1991/1995’’:
SSN–21 
attack 
submarine 
program,
$18,330,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1991/1995’’:
LHD–1 amphibious assault ship program,
$6,178,000;
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MHC 
coastal 
mine 
hunter 
program,
$12,152,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1992/1996’’:
DDG–51 destroyer program, $5,315,000;
For craft, outfitting, post delivery, and
DBOF transfer, $9,675,000;
For escalation, $3,347,000;
Weapons Procurement, Navy, 1995/1997,
$7,500,000;
Procurement, Marine Corps, 1995/1997,
$378,000;
Other 
Procurement, 
Navy, 
1995/1997,
$355,000;
Aircraft Procurement, Navy, 1995/1997,
$3,600,000;
Research, Development, Test and Evalua-
tion, Navy, 1995/1996, $5,600,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1992/1996’’:
MHC 
coastal 
mine 
hunter 
program,
$35,770,000;
From:
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Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1993/1997’’:
LSD–41 cargo variant ship program,
$1,600,000;
For craft, outfitting, post delivery, and first
destination transportation, and inflation adjust-
ments, $5,627,000;
Procurement of Ammunition, Navy and
Marine Corps, 1995/1997, $1,784,000;
Other 
Procurement, 
Navy, 
1995/1997,
$645,000.
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1993/1997’’:
DDG–51 destroyer program, $7,356,000;
AOE 
combat 
support 
ship 
program,
$2,300,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1994/1998’’:
MCS(C) program, $5,300,000;
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1995/1999’’:
Nuclear submarine main steam condensor
industrial base, $900,000;
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To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1994/1998’’:
LHD program, $6,200,000.
SEC. 8080. The Department shall include, in the oper-
ation of TRICARE Regions 7/8, a region-wide wraparound
care package that requires providers of residential treat-
ment services to share financial risk through case rate reim-
bursement, to include planning and individualized wrap-
around services to prevent recidivism.
SEC. 8081. None of the funds available to the Depart-
ment of Defense shall be available to make progress pay-
ments based on costs to large business concerns at rates
lower than 85 percent on contract solicitations issued after
enactment of this Act.
SEC. 8082. Notwithstanding any other provision of
law, the Department of Defense shall execute payment in
not more than 24 days after receipt of a proper invoice.
SEC. 8083. Funds provided in title II of this Act for
real Property Maintenance may be obligated and expended
for the renovation, refurbishment and modernization of
bachelor enlisted living quarters up to a level of $1,000,000
per facility project.
SEC. 8084. None of the funds appropriated by this Act
may be used to carry out the ship depot maintenance solici-
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tation policy issued by the Secretary of the Navy in a
memorandum dated 16 June 1995.
SEC. 8085. None of the funds appropriated by this Act
may be used for the procurement of ball and roller bearings
other than those produced by a domestic source and of do-
mestic origin.
SEC. 8086. None of the funds appropriated or other-
wise made available under this Act may be used for the
destruction of pentaborane currently stored at Edwards Air
Force Base, California, until the Secretary of Energy cer-
tifies to the congressional defense committees that the Sec-
retary does not intend to use the pentaborane or the by-
products of such destruction at the Idaho National Engi-
neering Laboratory for—
(1) environmental remediation of high level, liq-
uid radioactive waste; or
(2) as a source of raw materials for boron drugs
for Boron Neutron Capture Therapy.
SEC. 8087. (a) ENERGY SAVINGS AT FEDERAL FACILI-
TIES.—The head of each agency for which funds are made
available under this Act shall take all actions necessary to
achieve during fiscal year 1996 a 5 percent reduction, from
fiscal year 1995 levels, in the energy costs of the facilities
used by the agency.
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(b) USE OF COST SAVINGS.—An amount equal to the
amount of cost savings realized by an agency under sub-
section (a) shall remain available for obligation through the
end of fiscal year 1997, without further authorization or
appropriation, as follows:
(1) CONSERVATION MEASURES.—Fifty percent of
the amount shall remain available for the implemen-
tation of additional energy conservation measures
and for water conservation measures at such facilities
used by the agency as are designated by the head of
the agency.
(2) OTHER
PURPOSES.—Fifty percent of the
amount shall remain available for use by the agency
for such purposes as are designated by the head of the
agency, consistent with applicable law.
(c) REPORT.—
(1) IN GENERAL.—Not later than December 31,
1996, the head of each agency described in subsection
(a) shall submit a report to Congress specifying the
results of the actions taken under subsection (a) and
providing any recommendations concerning how to
further reduce energy costs and energy consumption
in the future.
(2) CONTENTS.—Each report shall—
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(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
SEC. 8088. (a)(1) Not later than October 1, 1995, the
Secretary of Defense shall require that each disbursement
by the Department of Defense in an amount in excess of
$1,000,000 be matched to a particular obligation before the
disbursement is made.
(2) Not later than September 30, 1996, the Secretary
of Defense shall require that each disbursement by the De-
partment of Defense in an amount in excess of $500,000
be matched to a particular obligation before the disburse-
ment is made.
(b) The Secretary shall ensure that a disbursement in
excess of the threshold amount applicable under subsection
(a) is not divided into multiple disbursements of less than
that amount for the purpose of avoiding the applicability
of such subsection to that disbursement.
(c) The Secretary of Defense may waive a requirement
for advance matching of a disbursement of the Department
of Defense with a particular obligation in the case of (1)
a disbursement involving deployed forces, (2) a disburse-
ment for an operation in a war declared by Congress or
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a national emergency declared by the President or Congress,
or (3) a disbursement under any other circumstances for
which the waiver is necessary in the national security inter-
ests of the United States, as determined by the Secretary
and certified by the Secretary to the congressional defense
committees.
(d) This section shall not be construed to limit the au-
thority of the Secretary of Defense to require that a dis-
bursement not in excess of the amount applicable under sub-
section (a) be matched to a particular obligation before the
disbursement is made.
SEC. 8089. (a) Except as provided in subsection (b),
the total amount obligated or expended for procurement of
the SSN–21, SSN–22, and SSN–23 Seawolf class sub-
marines may not exceed $7,223,695,000.
(b) The amount of the limitation set forth in subsection
(a) is increased after fiscal year 1995 by the following
amounts:
(1) The amounts of outfitting costs and post-de-
livery costs incurred for the submarines referred to in
such subsection.
(2) The amounts of increases in costs attrib-
utable to economic inflation after fiscal year 1995.
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(3) The amounts of increases in costs attrib-
utable to compliance with changes in Federal, State,
or local laws enacted after fiscal year 1995.
SEC. 8090. RESTRICTION ON REIMBURSEMENT OF COSTS.
None of the funds provided in this Act may be obli-
gated for payment on new contracts on which allowable
costs charged to the government include payments for indi-
vidual compensation at a rate in excess of $250,000 per
year.
SEC. 8091. None of the funds available to the Depart-
ment of Defense during fiscal year 1996 may be obligated
or expended to support or finance the activities of the De-
fense Policy Advisory Committee on Trade.
SEC. 8092. PROHIBITION OF PAY AND ALLOWANCES FOR
MILITARY PERSONNEL CONVICTED OF SERI-
OUS CRIMES.
(a) Notwithstanding any other provision of law, none
of the funds appropriated by this Act shall be obligated for
the pay or allowances of any member of the Armed Forces
who has been sentenced by a court-martial to any sentence
that includes confinement for one year or more, death, dis-
honorable discharge, bad-conduct discharge, or dismissal
during any period of confinement or parole.
(b) In a case involving an accused who has dependents,
the convening authority or other person acting under title
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10, section 860, may waive any or all of the forfeitures of
pay and allowances required by subsection (a) for a period
not to exceed six months. Any amount of pay or allowances
that, except for a waiver under this subsection, would be
forfeited shall be paid, as the convening authority or other
person taking action directs, to the dependents of the ac-
cused.
(c) If the sentence of a member who forfeits pay and
allowances under subsection (a) is set aside or disapproved
or, as finally approved, does not provide for a punishment
referred to in subsection (a), the member shall be paid the
pay and allowances which the member would have been
paid, except for the forfeiture, for the period during which
the forfeiture was in effect.
SEC. 8093. None of the funds made available in this
Act under the heading ‘‘Procurement of Ammunition,
Army’’ may be obligated or expended for the procurement
of munitions unless such acquisition fully complies with the
Competition in Contracting Act.
SEC. 8094. Six months after the date of enactment of
this Act the General Accounting Office shall report to the
Committees on Appropriations of the Senate and the House
of Representatives on any changes in Department of Defense
commissary access policy, including providing reservists
additional or new privileges, and addressing the financial
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impact on the commissaries as a result of any policy
changes.
SEC. 8095. The Secretary of Defense shall develop and
provide to the congressional defense committees an Elec-
tronic Combat Master Plan to establish an optimum infra-
structure for electronic combat assets no later than March
31, 1996.
SEC. 8096. The Secretary of Defense and the Secretary
of the Army shall reconsider the decision not to include the
infantry military occupational specialty among the mili-
tary skills and specialties for which special pays are pro-
vided under the Selected Reserve Incentive Program.
SEC. 8097. INTERIM LEASES OF PROPERTY APPROVED FOR
CLOSURE OR REALIGNMENT.
Section 2667(f) of title 10, United States Code, is
amended by adding at the end the following:
‘‘(4)(A) Notwithstanding the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the scope of
any environmental impact analysis necessary to support an
interim lease of property under this subsection shall be lim-
ited to the environmental consequences of activities author-
ized under the proposed lease and the cumulative impacts
of other past, present, and reasonably foreseeable future ac-
tions during the period of the proposed lease.
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‘‘(B) Interim leases entered into under this subsection
shall be deemed not to prejudice the final property disposal
decision, even if final property disposal may be delayed
until completion of the interim lease term. An interim lease
under this subsection shall not be entered into without prior
consultation with the redevelopment authority concerned.
‘‘(C) The provisions of subparagraphs (A) and (B)
shall not apply to an interim lease under this subsection
if authorized activities under the lease would—
‘‘(i) significantly effect the quality of the human
environment; or
‘‘(ii) irreversibly alter the environment in a way
that would preclude any reasonable disposal alter-
native of the property concerned.’’.
SEC. 8098. (a) If, on February 18, 1996, the Secretary
of the Navy has not certified in writing to the Committees
on Appropriations of the Senate and the House of Rep-
resentatives that—
(1) the Secretary has restructured the new attack
submarine program to provide for—
(A) procurement of the lead vessel under the
program from General Dynamics Corporation
Electric Boat Division (hereafter in this section
referred to as ‘‘Electric Boat Division’’) begin-
ning in fiscal year 1998 (subject to the price of-
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fered by Electric Boat Division being determined
fair and reasonable by the Secretary),
(B) procurement of the second vessel under
the program from Newport News Shipbuilding
and Drydock Company beginning in fiscal year
1999 (subject to the price offered by Newport
News Shipbuilding and Drydock Company being
determined fair and reasonable by the Sec-
retary), and
(C) procurement of other vessels under the
program under one or more contracts that are
entered into after competition between Electric
Boat Division and Newport News Shipbuilding
and Drydock Company for which the Secretary
shall solicit competitive proposals and award the
contract or contracts on the basis of price, and
(2) the Secretary has directed, as set forth in de-
tail in such certification that—
(A) no action is to be taken to terminate or
to fail to extend either the existing Planning
Yard contract for the Trident class submarines
or the existing Planning Yard contract for the
SSN–688 Los Angeles class submarines except by
reason of a breach of contract by the contractor
or an insufficiency of appropriations,
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(B) no action is to be taken to terminate
any existing Lead Design Yard contract for the
SSN–21 Seawolf class submarines or for the
SSN–688 Los Angeles class submarines, except
by reason of a breach of contract by the contrac-
tor or an insufficiency of appropriations,
(C) both Electric Boat Division and New-
port News Shipbuilding and Drydock Company
are to have access to sufficient information con-
cerning the design of the new attack submarine
to ensure that each is capable of constructing the
new attack submarine, and
(D) no action is to be taken to impair the
design, engineering, construction, and mainte-
nance competencies of either Electric Boat Divi-
sion or Newport News Shipbuilding and Dry-
dock Company to construct the new attack sub-
marine,
then, funds appropriated in title III under the heading
‘‘SHIPBUILDING AND CONVERSION, NAVY’’ may not be obli-
gated for the SSN–21 attack submarine program or for the
new attack submarine program (NSSN–1 and NSSN–2).
(b) Funds referred to in subsection (a) for procurement
of the lead and second vessels under the new attack sub-
marine program may not be expended during fiscal year
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1996 for the lead vessel under that program (other than for
class design) unless funds are obligated or expended during
such fiscal year for a contract in support of procurement
of the second vessel under the program.
SEC. 8099. LIMITATION ON USE OF FUNDS FOR COOPERA-
TIVE THREAT REDUCTION.
(a) LIMITATION.—Of the funds available under title II
under the heading ‘‘FORMER SOVIET UNION THREAT RE-
DUCTION’’ for dismantlement and destruction of chemical
weapons, not more than $52,000,000 may be obligated or
expended for that purpose until the President certifies to
Congress the following:
(1) That the United States and Russia have
completed a joint laboratory study evaluating the pro-
posal of Russia to neutralize its chemical weapons
and the United States agrees with the proposal.
(2) That Russia is in the process of preparing,
with the assistance of the United States as necessary,
a comprehensive plan to manage the dismantlement
and destruction of the Russia chemical weapons stock-
pile.
(3) That the United States and Russia are com-
mitted to resolving outstanding issues under the 1989
Wyoming Memorandum of Understanding and the
1990 Bilateral Destruction Agreement.
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(b) DEFINITIONS.—In this section:
(1) The term ‘‘1989 Wyoming Memorandum of
Understanding’’ means the Memorandum of Under-
standing between the Government of the United States
of America and the Government of the Union of So-
viet Socialist Republics Regarding a Bilateral Ver-
ification Experiment and Data Exchange Related to
Prohibition on Chemical Weapons, signed at Jackson
Hole, Wyoming, on September 23, 1989.
(2) The term ‘‘1990 Bilateral Destruction Agree-
ment’’ means the Agreement between the United
States of America and the Union of Soviet Socialist
Republics on destruction and non-production of chem-
ical weapons and on measures to facilitate the multi-
lateral convention on banning chemical weapons
signed on June 1, 1990.
SEC. 8100. SENSE OF SENATE REGARDING UNDERGROUND
NUCLEAR TESTING.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) The President of France stated on June 13,
1995, that the Republic of France plans to conduct
eight nuclear test explosions over the next several
months.
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(2) The People’s Republic of China continues to
conduct underground nuclear weapons tests.
(3) The United States, France, Russia, and
Great Britain have observed a moratorium on nuclear
testing since 1992.
(4) A resumption of testing by the Republic of
France could result in the disintegration of the cur-
rent testing moratorium and a renewal of under-
ground testing by other nuclear weapon states.
(5) A resumption of nuclear testing by the Re-
public of France raises serious environmental and
health concerns.
(6) The United Nations Conference on Disar-
mament presently is meeting in Geneva, Switzerland,
for the purpose of negotiating a Comprehensive Nu-
clear Test Ban Treaty (CTBT), which would halt per-
manently the practice of conducting nuclear test ex-
plosions.
(7) Continued underground weapons testing by
the Republic of France and the People’s Republic of
China undermines the efforts of the international
community to conclude a CTBT by 1996, a goal en-
dorsed by 175 nations, at the recently completed NPT
Extension and Review Conference (the conference for
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the extension and review of the Nuclear Non-Pro-
liferation Treaty).
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Republic of France and the People’s Republic
of China should abide by the current international morato-
rium on nuclear test explosions and refrain from conduct-
ing underground nuclear tests in advance of a Comprehen-
sive Test Ban Treaty.
SEC. 8101. TESTING OF THEATER MISSILE DEFENSE INTER-
CEPTORS.
(a) APPROVAL BEYOND LOW-RATE INITIAL PRODUC-
TION.—The Secretary of Defense may not approve a theater
missile defense interceptor program beyond the low-rate ini-
tial production acquisition stage until the Secretary cer-
tifies to the congressional defense committees that the pro-
gram—
(1) has successfully completed initial operational
test and evaluation; and
(2) involves a suitable and effective system.
(b) CERTIFICATION REQUIREMENTS.—(1) In order to
be certified under subsection (a), the initial operational test
and evaluation conducted with respect to a program shall
include flight tests—
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(A) that were conducted with multiple intercep-
tors and multiple targets in the presence of realistic
countermeasures; and
(B) the results of which demonstrate the achieve-
ment of baseline performance thresholds by such inter-
ceptors.
(2) The Director of Operational Test and Evaluation
shall specify the number of flight tests required with respect
to a program under paragraph (1) in order to make a cer-
tification referred to in subsection (a).
(3) The Secretary may utilize modeling and simula-
tion validated by ground and flight testing in order to aug-
ment flight testing to demonstrate weapons system perform-
ance for purposes of a certification under subsection (a).
(c) REPORTS.—(1) The Director of Operational Test
and Evaluation and the head of the Ballistic Missile De-
fense Organization shall include in the annual reports to
Congress of such officials plans to test adequately theater
missile defense interceptor programs throughout the acquisi-
tion process.
(2) As each theater missile defense system progresses
through the acquisition process, the officials referred to in
paragraph (1) shall include in the annual reports to Con-
gress of such officials an assessment of the extent to which
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such programs satisfy the planned test objectives for such
programs.
(d) DEFINITION.—For purposes of this section, the
baseline performance thresholds for a program are the
weapon system performance thresholds specified in the base-
line description for the weapon system established pursuant
to section 2435(a)(1) of title 10, United States Code, before
the program entered into the engineering and manufactur-
ing development stage.
SEC. 8102. ELIGIBILITY FOR DEFENSE DUAL-USE ASSIST-
ANCE EXTENSION PROGRAM.
Section 2524(e) of title 10, United States Code, is
amended—
(1) in paragraph (3), by striking out ‘‘at least
25 percent of the value of the borrower’s sales during
the preceding year’’ in the matter preceding subpara-
graph (A) and inserting in lieu thereof ‘‘at least 25
percent of the amount equal to the average value of
the borrower’s sales during the preceding 5 fiscal
years’’;
(2) by redesignating paragraph (4) as para-
graph (5); and
(3) by inserting after paragraph (3) the follow-
ing new paragraph (4):
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‘‘(4) A borrower that meets the selection criteria set
forth in paragraph (2) and subsection (f) is also eligible
for a loan guarantee under subsection (b)(3) if the borrower
is a former defense worker whose employment as such a
worker was terminated as a result of a reduction in expend-
itures by the United States for defense, the termination or
cancellation of a defense contract, the failure to proceed
with an approved major weapon system, the merger or con-
solidation of the operations of a defense contractor, or the
closure or realignment of a military installation.’’.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 1996’’.
Passed the House of Representatives September 12,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate September 8, 1995 (legislative day,
September 5), 1995.
Attest:
KELLY D. JOHNSTON.
Secretary.