H. R. 2126—29
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8061. 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. 8062. For fiscal year 1996, the total amount appropriated
in this Act to fund the Uniformed Services Treatment Facilities
program, operated pursuant to section 911 of Public Law 97–99
(42 U.S.C. 248c), shall not exceed $315,000,000.
SEC. 8063. Of the funds appropriated or otherwise made avail-
able by this Act, not more than $119,200,000 shall be available
for payment of the operating costs of NATO Headquarters: Provided,
That the Secretary of Defense may waive this section for Depart-
ment of Defense support provided to NATO forces in and around
the former Yugoslavia.
SEC. 8064. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to participate
in any manufacturing extension program financed by funds appro-
priated in this or any other Act.
SEC. 8065. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $100,000.
SEC. 8066. During the current fiscal year, appropriations avail-
able for the pay and allowances of active duty 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. 8067. (a) During the current fiscal year, none of the
appropriations or funds available to the Defense Business Oper-
ations Fund shall be used for the purchase of an investment item
for the purpose of acquiring a new inventory item for sale or
anticipated sale during the current fiscal year or a subsequent
fiscal year to customers of the Defense Business Operations Fund
if such an item would not have been chargeable to the Defense
Business Operations Fund during fiscal year 1994 and if the pur-
chase of such an investment item would be chargeable during
the current fiscal year to appropriations made to the Department
of Defense for procurement.
(b) The fiscal year 1997 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1997 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 1997 procurement appropriation
and not in the supply management business area or any other
area or category of the Defense Business Operations Fund.
SEC. 8068. 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 Depart-
ment concerned plans to retire or otherwise dispose of within five
years after completion of the modification: Provided, That this
prohibition shall not apply to safety modifications: Provided further,
H. R. 2126—30
That this prohibition may be waived by the Secretary of a Military
Department if the Secretary determines it is in the best national
security interest of the United States to provide such waiver and
so notifies the congressional defense committees in writing.
SEC. 8069. (a) None of the funds appropriated or otherwise
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 demilitarizing 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 subsection
(a) during a period of war in which the United States is a party.
SEC. 8070. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 1997.
SEC. 8071. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
SEC. 8072. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, 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 information, documenting of environmental damage,
and developing a system for prioritization of mitigation, on Indian
lands resulting from Department of Defense activities.
SEC. 8073. Notwithstanding any other provision of law, funds
appropriated in this Act for the High Performance Computing Mod-
ernization Program shall be made available only for the acquisition
and sustainment of operations, including maintenance of the
supercomputing and related networking capability at (1) the DOD
Science and Technology sites under the cognizance of the DDR&E,
(2) the DOD Test and Evaluation centers under the Director, Test
and Evaluation, OUSD (A&T), and (3) the Ballistic Missile Defense
Organization: Provided, That the contracts, contract modifications,
or contract options are awarded upon the requirements of the
users.
SEC. 8074. Amounts collected for the use of the facilities of
the National Science Center for Communications and Electronics
during the current fiscal year pursuant to section 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).
SEC. 8075. To the extent authorized in law, the Secretary
of Defense shall issue loan guarantees in support of United States
defense exports not otherwise provided for: Provided, That the
total contingent liability of the United States for guarantees issued
under the authority of this section may not exceed $15,000,000,000:
Provided further, That the exposure fees charged and collected
H. R. 2126—31
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. 8076. None of the funds appropriated in this Act may
be used to fill the commander’s position at any military medical
facility with a health care professional unless the prospective can-
didate can demonstrate professional administrative skills.
SEC. 8077. (a) 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 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.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contract-
ing with the Department of Defense.
SEC. 8078. 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. 8079. None of the funds appropriated by this Act shall
be available for a contract for studies, analyses, or consulting serv-
ices entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procure-
ment determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work,
or
(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 advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements
of equipment that is in development or production, or contracts
as to which a civilian official of the Department 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. 8080. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
H. R. 2126—32
(50 U.S.C. 414) during fiscal year 1996 until the enactment of
the Intelligence Authorization Act for fiscal year 1996.
SEC. 8081. (a) None of the funds made available by this Act
may be obligated for design, development, acquisition, or operation
of more than 47 Titan IV expendable launch vehicles, or for satellite
mission-model planning for a Titan IV requirement beyond 47
vehicles.
(b) $115,226,000 made available in this Act for Research, Devel-
opment, Test and Evaluation, Air Force, may only be obligated
for development of a new family of medium-lift and heavy-lift
expendable launch vehicles evolved from existing technologies.
SEC. 8082. None of the funds available to the Department
of Defense in this Act may be used to establish additional field
operating agencies of any element of the Department during fiscal
year 1996, except for field operating agencies funded within the
National Foreign Intelligence Program: Provided, That the Sec-
retary of Defense may waive this section by certifying to the House
and Senate Committees on Appropriations that the creation of
such field operating agencies will reduce either the personnel and/
or financial requirements of the Department of Defense.
(RESCISSIONS)
SEC. 8083. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts in the specified amounts:
‘‘Aircraft Procurement, Air Force, 1994/1996’’, $53,654,000;
‘‘Missile Procurement, Air Force, 1994/1996’’, $16,783,000;
‘‘Weapons Procurement, Navy, 1995/1997’’, $14,600,000;
‘‘Shipbuilding 
and 
Conversion, 
Navy, 
1995/1999’’,
$87,700,000;
‘‘Other Procurement, Navy, 1995/1997’’, $8,600,000;
‘‘Aircraft Procurement, Air Force, 1995/1997’’, $24,000,000;
‘‘Missile Procurement, Air Force, 1995/1997’’, $140,978,000;
‘‘Other Procurement, Air Force, 1995/1997’’, $180,000,000;
‘‘Research, Development, Test and Evaluation, Army, 1995/
1996’’, $9,000,000;
‘‘Research, Development, Test and Evaluation, Navy, 1995/
1996’’, $6,000,000;
‘‘Research, Development, Test and Evaluation, Air Force,
1995/1996’’, $7,902,000;
‘‘Research, Development, Test and Evaluation, Defense-
Wide, 1995/1996’’, $12,000,000.
SEC. 8084. Notwithstanding any other provision of law, for
resident classes entering the war colleges after September 30, 1996,
the Department of Defense shall require that not less than 20
percent of the total of United States military students at each
war college shall be from military departments other than the
hosting military department: Provided, That each military depart-
ment will recognize the attendance at a sister military department
war college as the equivalent of attendance at its own war college
for promotion and advancement of personnel.
SEC. 8085. None of the funds in this or any other Act may
be used to implement the plan to reorganize the regional head-
quarters and basic camps structure of the Reserve 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