In the Senate of the United States,
July 18, 1996.
Resolved, That the bill from the House of Representa-
tives (H.R. 3610) entitled ‘‘An Act making appropriations for
the Department of Defense for the fiscal year ending Septem-
ber 30, 1997, and for other purposes’’, do pass with the fol-
lowing
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1997, for military func-
tions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
HR 3610 EAS
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97–377, as amended
(42 U.S.C. 402 note), to section 229(b) of the Social Secu-
rity Act (42 U.S.C. 429(b)), and to the Department of De-
fense Military Retirement Fund; $20,559,042,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)), and to the Department of Defense
Military Retirement Fund; $16,943,581,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
HR 3610 EAS
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps
on active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement
Fund; $6,099,182,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for pay-
ments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), to section 229(b) of the So-
cial Security Act (42 U.S.C. 429(b)), and to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund;
$17,021,810,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 3038
HR 3610 EAS
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and for members of the Reserve
Officers’ Training Corps, and expenses authorized by sec-
tion 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement
Fund; $2,052,136,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for mem-
bers of the Reserve Officers’ Training Corps, and expenses
authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund; $1,396,989,000.
HR 3610 EAS
Corps, as authorized by law; and not to exceed $3,995,000,
can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary
of the Navy, and payments may be made on his certificate
of 
necessity 
for 
confidential 
military 
purposes;
$20,241,517,000 and, in addition, $50,000,000 shall be de-
rived by transfer from the National Defense Stockpile
Transaction Fund.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Marine Corps, as au-
thorized by law; $2,275,977,000.
OPERATION AND MAINTENANCE, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Air Force, as author-
ized by law; and not to exceed $8,362,000 can be used for
emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Air Force,
and payments may be made on his certificate of necessity
for confidential military purposes; $17,331,309,000 and, in
addition, $50,000,000 shall be derived by transfer from the
National Defense Stockpile Transaction Fund.
HR 3610 EAS
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For expenses, not otherwise provided for, necessary for
the operation and maintenance of activities and agencies
of the Department of Defense (other than the military de-
partments), as authorized by law; $9,953,142,000, of which
not to exceed $25,000,000 may be available for the CINC
initiative fund account; and of which not to exceed
$28,500,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of
the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military pur-
poses: Provided, That of the funds appropriated under this
heading, $20,000,000 shall be made available only for use
in federally owned education facilities located on military
installations for the purpose of transferring title of such fa-
cilities to the local education agency: Provided further, That
of the funds appropriated under this heading, $1,000,000
is available, by grant or other transfer, to the Harnett
County School Board, Lillington, North Carolina, for use
by the school board for the education of dependents of mem-
bers of the Armed Forces and employees of the Department
of Defense located at Fort Bragg and Pope Air Force Base,
North Carolina.
HR 3610 EAS
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications; $1,129,436,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications; $861,527,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruit-
ing; procurement of services, supplies, and equipment; and
communications; $115,367,000.
HR 3610 EAS
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Air Force Reserve; repair
of facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications; $1,494,953,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administer-
ing the Army National Guard, including medical and hos-
pital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures
and facilities; hire of passenger motor vehicles; personnel
services in the National Guard Bureau; travel expenses
(other than mileage), as authorized by law for Army person-
nel on active duty, for Army National Guard division, regi-
mental, and battalion commanders while inspecting units
in compliance with National Guard Bureau regulations
when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National
Guard as authorized by law; and expenses of repair, modi-
fication, maintenance, and issue of supplies and equipment
(including aircraft); $2,294,477,000.
HR 3610 EAS
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National
Guard, including medical and hospital treatment and relat-
ed expenses in non-Federal hospitals; maintenance, oper-
ation, repair, and other necessary expenses of facilities for
the training and administration of the Air National Guard,
including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things; hire of
passenger motor vehicles; supplies, materials, and equip-
ment, as authorized by law for the Air National Guard;
and expenses incident to the maintenance and use of sup-
plies, materials, and equipment, including such as may be
furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage)
on the same basis as authorized by law for Air National
Guard personnel on active Federal duty, for Air National
Guard commanders while inspecting units in compliance
with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau;
$2,721,973,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contingency
Operations 
by 
United 
States 
military 
forces;
$1,069,957,000: Provided, That the Secretary of Defense
HR 3610 EAS
may transfer these funds only to operation and mainte-
nance accounts within this title: Provided further, That the
funds transferred shall be merged with and shall be avail-
able for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is
in addition to any other transfer authority contained else-
where in this Act.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
For salaries and expenses necessary for the United
States Court of Appeals for the Armed Forces; $6,185,000,
of which not to exceed $2,500 can be used for official rep-
resentation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $356,916,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Army, to be merged with and to be available
HR 3610 EAS
purposes provided herein, such amounts may be transferred
back to this appropriation.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $414,700,000,
to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Air Force,
or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with
and to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Defense, $38,650,000, to re-
main available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds
are required for environmental restoration, reduction and
HR 3610 EAS
recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar pur-
poses (including programs and operations at sites formerly
used by the Department of Defense), transfer the funds made
available by this appropriation to other appropriations
made available to the Department of Defense, to be merged
with and to be available for the same purposes and for the
same time period as the appropriations to which trans-
ferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $269,850,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of De-
fense, transfer the funds made available by this appropria-
tion to other appropriations made available to the Depart-
ment of the Army, to be merged with and to be available
for the same purposes and for the same time period as the
HR 3610 EAS
appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of De-
fense (consisting of the programs provided under sections
401, 402, 404, 2547, and 2551 of title 10, United States
Code); $49,000,000, to remain available until September
30, 1998.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet
Union, including assistance provided by contract or by
grants, for facilitating the elimination and the safe and se-
cure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the pro-
liferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to
the training and support of defense and military personnel
for demilitarization and protection of weapons, weapons
components and weapons technology and expertise;
$327,900,000, to remain available until expended.
HR 3610 EAS
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$1,283,815,000, to remain available for obligation until
September 30, 1999.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
HR 3610 EAS
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$982,829,000, to remain available for obligation until Sep-
tember 30, 1999: Provided, That of the funds provided in
this paragraph and notwithstanding the provisions of title
31, United States Code, section 1502(a), not to exceed
$25,000,000 is available for the benefit of the Army Na-
tional Guard to complete the remaining design and develop-
ment of the upgrade and to increase gunner survivability,
range, accuracy, and lethality for the fully modernized
Super Dragon Missile System, including pre-production en-
gineering and systems qualification.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For construction, procurement, production, and modi-
fication of weapons and tracked combat vehicles, equipment,
including ordnance, spare parts, and accessories therefor;
specialized equipment and training devices; expansion of
public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
HR 3610 EAS
and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes;
$1,449,714,000, to remain available for obligation until
September 30, 1999: Provided, That of the funds appro-
priated in this paragraph and notwithstanding the provi-
sions of title 31, United States Code, Section 1502(a), not
to exceed $33,100,000 may be obligated for future year V903
diesel engine requirements to maintain the industrial base.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854, title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$1,118,329,000, to remain available for obligation until
September 30, 1999.
HR 3610 EAS
the Foreign Service Act of 1980: Provided further, That the
limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public of Turkey.
SEC. 8003. No part of any appropriation contained
in this Act shall remain available for obligation beyond the
current fiscal year, unless expressly so provided herein.
SEC. 8004. No more than 20 per centum of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the last
two months of the fiscal year: Provided, That this section
shall not apply to obligations for support of active duty
training of reserve components or summer camp training
of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management
and Budget, transfer not to exceed $1,200,000,000 of work-
ing capital funds of the Department of Defense or funds
made available in this Act to the Department of Defense
for military functions (except military construction) be-
tween such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropria-
HR 3610 EAS
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher prior-
ity items, based on unforeseen military requirements, than
those for which originally appropriated and in no case
where the item for which funds are requested has been de-
nied by Congress: Provided further, That the Secretary of
Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request
to the Committees on Appropriations for reprogramming
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as
are necessary at any time for cash disbursements to be made
from such funds: Provided, That transfers may be made be-
tween such funds and the ‘‘Foreign Currency Fluctuations,
Defense’’ and ‘‘Operation and Maintenance’’ appropriation
accounts in such amounts as may be determined by the Sec-
HR 3610 EAS
retary of Defense, with the approval of the Office of Manage-
ment and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Con-
gress of the proposed transfer. Except in amounts equal to
the amounts appropriated to working capital funds in this
Act, no obligations may be made against a working capital
fund to procure or increase the value of war reserve mate-
rial inventory, unless the Secretary of Defense has notified
the Congress prior to any such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
SEC. 8008. None of the funds contained in this Act
available for the Civilian Health and Medical Program of
the Uniformed Services shall be available for payments to
physicians and other non-institutional health care provid-
ers in excess of the amounts allowed in fiscal year 1996
for similar services, except that: (a) for services for which
the Secretary of Defense determines an increase is justified
by economic circumstances, the allowable amounts may be
increased in accordance with appropriate economic index
data similar to that used pursuant to title XVIII of the
Social Security Act; and (b) for services the Secretary deter-
mines are overpriced based on allowable payments under
HR 3610 EAS
title XVIII of the Social Security Act, the allowable
amounts shall be reduced by not more than 15 percent (ex-
cept that the reduction may be waived if the Secretary de-
termines that it would impair adequate access to health
care services for beneficiaries). The Secretary shall solicit
public comment prior to promulgating regulations to imple-
ment this section. Such regulations shall include a limita-
tion, similar to that used under title XVIII of the Social
Security Act, on the extent to which a provider may bill
a beneficiary an actual charge in excess of the allowable
amount.
SEC. 8009. None of the funds provided in this Act shall
be available to initiate (1) a multiyear contract that em-
ploys economic order quantity procurement in excess of
$20,000,000 in any one year of the contract or that includes
an unfunded contingent liability in excess of $20,000,000,
or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, un-
less the congressional defense committees have been notified
at least thirty days in advance of the proposed contract
award: Provided, That no part of any appropriation con-
tained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Gov-
HR 3610 EAS
ernment’s liability: Provided further, That no part of any
appropriation contained in this Act shall be available to
initiate multiyear procurement contracts for any systems
or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in
this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notifica-
tion to the congressional defense committees: Provided fur-
ther, That the execution of multiyear authority shall require
the use of a present value analysis to determine lowest cost
compared to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
Javelin missiles;
Arleigh Burke (DDG–51) class destroyers;
MK19–3 grenade machine guns;
M16A2 rifles;
M249 Squad Automatic Weapons;
M4 carbine rifles; and
M240B machine guns.
SEC. 8010. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
HR 3610 EAS
may also be obligated for humanitarian and civic assist-
ance costs incidental to authorized operations and pursuant
to authority granted in section 401 of chapter 20 of title
10, United States Code, and these obligations shall be re-
ported to Congress on September 30 of each year: Provided,
That funds available for operation and maintenance shall
be available for providing humanitarian and similar assist-
ance by using Civic Action Teams in the Trust Territories
of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as au-
thorized by Public Law 99–239: Provided further, That
upon a determination by the Secretary of the Army that
such action is beneficial for graduate medical education
programs conducted at Army medical facilities located in
Hawaii, the Secretary of the Army may authorize the pro-
vision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for ci-
vilian patients from American Samoa, the Commonwealth
of the Northern Mariana Islands, the Marshall Islands, the
Federated States of Micronesia, Palau, and Guam.
SEC. 8011. (a) During fiscal year 1997, the civilian
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the management
of such personnel during that fiscal year shall not be subject
to any constraint or limitation (known as an end-strength)
HR 3610 EAS
on the number of such personnel who may be employed on
the last day of such fiscal year.
(b) The fiscal year 1998 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 1998 De-
partment of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of
this provision were effective with regard to fiscal year 1998.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8012. Notwithstanding any other provision of
law, none of the funds made available by this Act shall be
used by the Department of Defense to exceed, outside the
fifty United States, its territories, and the District of Co-
lumbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Person-
nel Manual: Provided further, That workyears expended in
dependent student hiring programs for disadvantaged
youths shall not be included in this workyear limitation.
SEC. 8013. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8014. (a) None of the funds appropriated by this
Act shall be used to make contributions to the Department
HR 3610 EAS
of Defense Education Benefits Fund pursuant to section
2006(g) of title 10, United States Code, representing the
normal cost for future benefits under section 3015(c) of title
38, United States Code, for any member of the armed serv-
ices who, on or after the date of enactment of this Act—
(1) enlists in the armed services for a period of
active duty of less than three years; or
(2) receives an enlistment bonus under section
308a or 308f of title 37, United States Code,
nor shall any amounts representing the normal cost of such
future benefits be transferred from the Fund by the Sec-
retary of the Treasury to the Secretary of Veterans Affairs
pursuant to section 2006(d) of title 10, United States Code;
nor shall the Secretary of Veterans Affairs pay such benefits
to any such member: Provided, That in the case of a mem-
ber covered by clause (1), these limitations shall not apply
to members in combat arms skills or to members who enlist
in the armed services on or after July 1, 1989, under a
program continued or established by the Secretary of De-
fense in fiscal year 1991 to test the cost-effective use of spe-
cial recruiting incentives involving not more than nineteen
noncombat arms skills approved in advance by the Sec-
retary of Defense: Provided further, That this subsection ap-
plies only to active components of the Army.
HR 3610 EAS
(b) None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any mem-
ber of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund
when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
subsection shall not apply to those members who have reen-
listed with this option prior to October 1, 1987: Provided
further, That this subsection applies only to active compo-
nents of the Army.
SEC. 8015. None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on
or after the date of enactment of this Act, is performed by
more than ten Department of Defense civilian employees
until a most efficient and cost-effective organization analy-
sis is completed on such activity or function and certifi-
cation of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate:
Provided, That this section shall not apply to a commercial
or industrial type function of the Department of Defense
that: (1) is included on the procurement list established pur-
suant to section 2 of the Act of June 25, 1938 (41 U.S.C.
47), popularly referred to as the Javits-Wagner-O’Day Act;
HR 3610 EAS
(2) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in ac-
cordance with that Act; or (3) is planned to be converted
to performance by a qualified firm under 51 percent Native
American ownership.
(TRANSFER OF FUNDS)
SEC. 8016. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510;
10 U.S.C. 2301 note), as amended, under the authority of
this provision or any other transfer authority contained in
this Act.
SEC. 8017. For fiscal year 1997, the total amount ap-
propriated 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
$331,380,000.
SEC. 8018. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS) shall be available for
HR 3610 EAS
the reimbursement of any health care provider for inpatient
mental health service for care received when a patient is
referred to a provider of inpatient mental health care or
residential treatment care by a medical or health care pro-
fessional having an economic interest in the facility to
which the patient is referred: Provided, That this limitation
does not apply in the case of inpatient mental health serv-
ices provided under the program for the handicapped under
subsection (d) of section 1079 of title 10, United States
Code, provided as partial hospital care, or provided pursu-
ant to a waiver authorized by the Secretary of Defense be-
cause of medical or psychological circumstances of the pa-
tient that are confirmed by a health professional who is not
a Federal employee after a review, pursuant to rules pre-
scribed by the Secretary, which takes into account the ap-
propriate level of care for the patient, the intensity of serv-
ices required by the patient, and the availability of that
care.
SEC. 8019. Funds available in this Act may be used
to provide transportation for the next-of-kin of individuals
who have been prisoners of war or missing in action from
the Vietnam era to an annual meeting in the United States,
under such regulations as the Secretary of Defense may pre-
scribe.
HR 3610 EAS
SEC. 8020. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of Defense
may, by Executive Agreement, establish with host nation
governments in NATO member states a separate account
into which such residual value amounts negotiated in the
return of United States military installations in NATO
member states may be deposited, in the currency of the host
nation, in lieu of direct monetary transfers to the United
States Treasury: Provided, That such credits may be uti-
lized only for the construction of facilities to support United
States military forces in that host nation, or such real prop-
erty maintenance and base operating costs that are cur-
rently executed through monetary transfers to such host na-
tions: Provided further, That the Department of Defense’s
budget submission for fiscal year 1998 shall identify such
sums anticipated in residual value settlements, and identify
such construction, real property maintenance or base oper-
ating costs that shall be funded by the host nation through
such credits: Provided further, That all military construc-
tion projects to be executed from such accounts must be pre-
viously approved in a prior Act of Congress: Provided fur-
ther, That each such Executive Agreement with a NATO
member host nation shall be reported to the congressional
defense committees, the Committee on International Rela-
tions of the House of Representatives and the Committee
HR 3610 EAS
on Foreign Relations of the Senate thirty days prior to the
conclusion and endorsement of any such agreement estab-
lished under this provision.
SEC. 8021. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of
any M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 cal-
iber rifles, .30 caliber rifles, or M–1911 pistols.
SEC. 8022. Notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be
available to pay more than 50 percent of an amount paid
to any person under section 308 of title 37, United States
Code, in a lump sum.
SEC. 8023. Of the funds made available by this Act
in title III, Procurement, $8,000,000, drawn pro rata from
each appropriations account in title III, shall be available
for incentive payments authorized by section 504 of the In-
dian Financing Act of 1974, 25 U.S.C. 1544. These pay-
ments shall be available only to contractors which have sub-
mitted subcontracting plans pursuant to 15 U.S.C. 637(d),
and according to regulations which shall be promulgated
by the Secretary of Defense within 90 days of the passage
of this Act.
SEC. 8024. During the current fiscal year, none of the
funds available to the Department of Defense may be used
to procure or acquire (1) defensive handguns unless such
HR 3610 EAS
handguns are the M9 or M11 9 mm Department of Defense
standard handguns, or (2) offensive handguns except for the
Special Operations Forces: Provided, That the foregoing
shall not apply to handguns and ammunition for marks-
manship competitions.
SEC. 8025. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used for any
single relocation of an organization, unit, activity or func-
tion of the Department of Defense into or within the Na-
tional Capital Region: Provided, That the Secretary of De-
fense may waive this restriction on a case-by-case basis 90
days after certifying in writing to the Congressional defense
committees that such a relocation is required in the best
interest of the Government.
SEC. 8026. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Colum-
bia may be used for the pay, allowances, and benefits of
an employee as defined by section 2105 of title 5 or an indi-
vidual employed by the government of the District of Co-
lumbia, permanent or temporary indefinite, who—
(1) is a member of a Reserve component of the
Armed Forces, as described in section 261 of title 10,
or the National Guard, as described in section 101 of
title 32;
HR 3610 EAS
(2) performs, for the purpose of providing mili-
tary aid to enforce the law or providing assistance to
civil authorities in the protection or saving of life or
property or prevention of injury—
(A) Federal service under sections 331, 332,
333, or 12406 of title 10, or other provision of
law, as applicable, or
(B) full-time military service for his or her
State, the District of Columbia, the Common-
wealth of Puerto Rico, or a territory of the Unit-
ed States; and
(3) requests and is granted—
(A) leave under the authority of this section;
or
(B) annual leave, which may be granted
without regard to the provisions of sections 5519
and 6323(b) of title 5, if such employee is other-
wise entitled to such annual leave:
Provided, That any employee who requests leave under sub-
section (3)(A) for service described in subsection (2) of this
section is entitled to such leave, subject to the provisions
of this section and of the last sentence of section 6323(b)
of title 5, and such leave shall be considered leave under
section 6323(b) of title 5.
HR 3610 EAS
SEC. 8027. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to
the provisions of OMB Circular A–76 if the study being
performed exceeds a period of twenty-four months after ini-
tiation of such study with respect to a single function activ-
ity or forty-eight months after initiation of such study for
a multi-function activity.
SEC. 8028. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8029. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust wage
rates for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans Af-
fairs by section 7455 of title 38, United States Code.
SEC. 8030. 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 Squad-
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act.
SEC. 8031. (a) Of the funds for the procurement of sup-
plies or services appropriated by this Act, qualified non-
profit agencies for the blind or other severely handicapped
HR 3610 EAS
shall be afforded the maximum practicable opportunity to
participate as subcontractors and suppliers in the perform-
ance 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 subcontracting 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 to-
ward 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 ‘‘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. 8032. 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.
HR 3610 EAS
SEC. 8033. During the current fiscal year, the Depart-
ment 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 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. 8034. Of the funds made available in this Act,
not less than $22,700,000 shall be available for the Civil
Air Patrol, of which $19,000,000 shall be available for Op-
eration and Maintenance.
SEC. 8035. 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 or agents from the eight
chemical storage sites within the continental United
States to Johnston Atoll: Provided, That this prohibi-
tion shall not apply to General Accounting Office
studies requested by a Member of Congress or a Con-
gressional 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-
HR 3610 EAS
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. 8036. 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. 8037. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the National Security
HR 3610 EAS
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. 8038. 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
and Budget Circular A–76 shall not apply to competitions
conducted under this section.
SEC. 8039. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by
HR 3610 EAS
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 under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively 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 1997. 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 agree-
ment to which the United States is a party.
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means title III of the Act entitled ‘‘An Act mak-
ing appropriations for the Treasury and Post Office De-
partments for the fiscal year ending June 30, 1934, and
for other purposes’’, approved March 3, 1933 (41 U.S.C.
10a et seq.).
HR 3610 EAS
SEC. 8040. 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. 8041. During the current fiscal year and here-
after, 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. 8042. Amounts deposited during the current fis-
cal 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 Secretary of Defense to current ap-
plicable appropriations or funds of the Department of De-
fense 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 trans-
ferred.
SEC. 8043. During the current fiscal year, appropria-
tions available to the Department of Defense may be used
HR 3610 EAS
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.
SEC. 8044. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’ may be obligated for the Young
Marines program.
SEC. 8045. 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.
HR 3610 EAS
SEC. 8046. During the current fiscal year and here-
after, annual payments granted under the provisions of sec-
tion 4416 of the National Defense Authorization Act for Fis-
cal Year 1993 (Public Law 102–428; 106 Stat. 2714) shall
be made from appropriations in this Act which are avail-
able for the pay of reserve component personnel.
SEC. 8047. Of the funds appropriated or otherwise
made available 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 De-
fense may waive this section for Department of Defense sup-
port provided to NATO forces in and around the former
Yugoslavia.
SEC. 8048. During the current fiscal year, appropria-
tions 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. 8049. During the current fiscal year and here-
after, appropriations available for the pay and allowances
of active duty members of the Armed Forces shall be avail-
able 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.
HR 3610 EAS
Acts, not more than the specified amounts of funds from
the following accounts shall remain available for the pay-
ment of satellite on-orbit incentive fees until the fees are
paid:
‘‘Missile Procurement, Air Force, 1990/1992’’,
$17,800,000;
‘‘Missile Procurement, Air Force, 1991/1993’’,
$19,330,000;
‘‘Missile Procurement, Air Force, 1992/1994’’,
$23,570,000;
‘‘Missile Procurement, Air Force, 1993/1995’’,
$16,780,000;
‘‘Missile Procurement, Air Force, 1994/1996’’,
$16,780,000.
SEC. 8093. (a) Notwithstanding any other provision
of law, of the amounts available to the Department of De-
fense (department) during fiscal year 1997, not more than
$1,162,650,000 may be obligated for financing activities of
defense federally funded research and development centers
(FFRDCs): Provided, That of the specific amount referred
to 
previously 
in 
this 
subsection, 
not 
more 
than
$206,650,000 may be obligated for financing activities of
the defense studies and analysis FFRDCs: Provided further,
That the total amounts appropriated in titles II, III, and