(b) If the Secretary of Defense determines that a per-
son 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, wheth-
er the person should be debarred from contracting with
the Department of Defense.
SEC. 8070. 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
activity responsible for the procurement 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 sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source, or
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a
new product or idea of a specific concern is given fi-
nancial 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 pro-
duction, 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. 8071. 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 Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal
year 1996 until the enactment of the Intelligence Author-
ization Act for fiscal year 1996.
SEC. 8072. (a) None of the funds made available by
this Act may be obligated for design, development, acquisi-
tion, 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 Re-
search, Development, 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. 8073. No 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.
SEC. 8074. Notwithstanding any other provision of
law, for resident classes entering the war colleges after
September 30, 1996, the Department of Defense shall re-
quire 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 de-
partment: Provided, That each military department 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. 8075. None of the funds provided in this Act
may be obligated for payment on new contracts on which
allowable costs charged to the government include pay-
ments for individual compensation at a rate in excess of
$200,000 per year.
SEC. 8076. None of the funds available in this Act
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard,
the Air National Guard, Army Reserve and Air Force Re-
serve for the purpose of applying any administratively im-
posed civilian personnel ceiling, freeze, or reduction on
military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8077. During the current fiscal year, funds ap-
propriated in this Act are available to compensate mem-
bers of the National Guard for duty performed pursuant
to a plan submitted by a Governor of a State and approved
by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the perform-
ance of such duty, the members of the National Guard
shall be under State command and control: Provided fur-
ther, That such duty shall be treated as full-time National
Guard duty for purposes of sections 12602 (a)(2) and
(b)(2) of title 10, United States Code.
SEC. 8078. 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 for 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
deviation from established Reserve and National Guard
personnel and training procedures.
SEC. 8079. (a) No project for the construction of any
facility, or improvement to any facility, having an esti-
mated Federal cost in excess of $750,000, may be under-
taken in any fiscal year unless specifically identified as
a separate item in the President’s annual fiscal year budg-
et request or otherwise specifically authorized and appro-
priated if such facility or improvement would be used pri-
marily by personnel of the intelligence community.
(b) As used in this section, the term ‘‘intelligence
community’’ has the same meaning given that term in sec-
tion 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 8080. The Secretary of Defense, from within
funds provided in this Act, may obligate not to exceed
$75,000 to fulfill Department of Defense obligations
under the Educational Loan Repayment Programs for
State-sponsored student loan programs not covered under
title IV, part B or E of the Higher Education Act of 1965
(title 20 U.S.C. 1071–1087).
SEC. 8081. All refunds or other amounts collected in
the administration of the Civilian Health and Medical Pro-
gram of the Uniformed Services (CHAMPUS) shall be
credited to current year appropriations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8082. None of the funds appropriated in this
Act may be transferred to or obligated from the Pentagon
Reservation Maintenance Revolving Fund, unless the Sec-
retary of Defense certifies that the total cost for the plan-
ning design, construction and installation of equipment for
the renovation of the Pentagon Reservation will not exceed
$1,218,000,000.
SEC. 8083. (a) None of the funds available to the
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any
other department or agency of the United States except
as specifically provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8084. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal
buildings may, during their period of availability, be trans-
ferred to other appropriations or funds of the Department
of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available
for the same general purposes, and for the same time pe-
riod, as the appropriation or fund to which transferred.
SEC. 8085. Funds in the amount of $61,300,000 re-
ceived during fiscal year 1996 by the Department of the
Air Force pursuant to the ‘‘Memorandum of Agreement
between the National Aeronautics and Space Administra-
tion and the United States Air Force on Titan IV/Centaur
Launch Support for the Cassini Mission,’’ signed Septem-
ber 8, 1994, and September 23, 1994, and Attachments
A, B and C to the Memorandum, shall be merged with
appropriations available for research, development, test
and evaluation and procurement for fiscal year 1996, and
shall be available for the same time period as the appro-
priation with which merged, and shall be available for obli-
gation only for those Titan IV vehicles and Titan IV-relat-
ed activities under contract as of the date of enactment
of this Act, as well as on the follow-on launch services and
program sustaining support contract to be awarded in fis-
cal year 1996.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8086. In addition to amounts appropriated or
otherwise made available by this Act, $44,000,000 is here-
by appropriated to the Department of Defense and shall
be available only for transfer to the United States Coast
Guard for activities relating to national security.
SEC. 8087. The total amount appropriated in title II,
III, and IV of this Act is hereby reduced by $30,000,000
for savings through improved management of contractor
automatic data processing costs charged through indirect
rates on Department of Defense acquisition contracts.
SEC. 8088. (a) None of the funds appropriated in
title III of this Act may be obligated by the Department
of Defense for acquisition or advance procurement of any
system or end item using incremental funding.
(b) For purposes of this section, the term ‘‘incremen-
tal funding’’ has the meaning provided in paragraph (3)
of section 114(f) of title 10, United States Code, as added
by section 1007 of H.R. 1530 of the One Hundred Fourth
Congress (the National Defense Authorization Act for Fis-
cal Year 1996), as passed by the House of Representatives
on June 15, 1995.
(c) This section does not apply to an obligation that
is classified as an advance procurement for a system or
end item that is to be procured on a full funding basis.
SEC. 8089. None of the funds in this Act may be
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire
capability for national security purposes that is not avail-
able from United States manufacturers.
SEC. 8090. None of the funds appropriated in this
Act to the Department of the Army may be obligated for
procurement of 120mm mortars or 120mm mortar ammu-
nition manufactured outside of the United States.
SEC. 8091. The Department of Defense shall release
all funds appropriated and available for the HAVE GAZE
program to the Department of the Air Force for obligation
under existing contractual arrangements.
SEC. 8092. Notwithstanding any other provision of
law, (a) funds available to the Navy in the Operation and
Maintenance appropriation for refueling overhauls and
defueling inactivations of nuclear-powered warships are
available to transport the shipments of naval spent nuclear
fuel to the Idaho National Engineering Laboratory needed
for examination and storage to avoid threats to the na-
tional security; and (b) the Secretary of the Navy is hereby
authorized to immediately commence and accomplish such
transportation: Provided, That the Secretary of Defense
shall make the determination as to what shipments are
required for that purpose and shall ensure that the ship-
ments are made in accordance with the practices and re-
quirements applied to previous container shipments of
naval spent fuel to the Idaho National Engineering Lab-
oratory: Provided further, That the authority in this sec-
tion shall expire on September 30, 1996 or upon the vaca-
tion or stay of the current or any subsequent injunction
issued by the United States District Court for the District
of Idaho which enjoins such shipments, whichever occurs
first: Provided further, That the authority in this section
may not be used unless the Secretary of Defense certifies
in writing to the congressional defense committees that a
good-faith agreement between the State of Idaho and the
United States Government was attempted but could not
be reached concerning interim shipments of spent nuclear
fuel enjoined by any such injunction based on national se-
curity reasons.
SEC. 8093. None of the funds appropriated by this
Act shall be available to lease or charter a vessel on a
long-term basis used to transport fuel or oil for the De-
partment of Defense in those instances where the leases
involve the construction of new ships unless the Secretary
of Defense requires that the vessel be constructed in the
United States with a double hull under the long term lease
or charter authority provided in section 2401 note of title
10, United States Code: Provided, That this limitation
shall not apply to contracts in force on the date of enact-
ment of this Act: Provided further, That by 1997 at least
20 percent of annual leases and charters must be for ships
of new construction: Provided further, That the Military
Sealift Command shall plan to achieve the goal of elimi-
nating single hull ship leases by the year 2015.
SEC. 8094. None of the funds appropriated or made
available in this Act to the Department of the Navy shall
be used to develop or procure main propulsion engines for
the LPD–17 class of ships unless such equipment is pow-
ered by a diesel engine manufactured in the United States
by a domestically operated entity: Provided, That the Sec-
retary of Defense may waive this restriction on a case-
by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available
to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order
to acquire capability for national security purposes or
there exists a significant cost or quality difference.
SEC. 8095. None of the funds appropriated or made
available in this Act to the Department of the Navy shall
be used to develop or procure an emergency generator set
for the New Attack Submarine unless such equipment is
powered by a diesel engine manufactured in the United
States by a domestically operated entity: Provided, That
the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Commit-
tees on Appropriations of the House of Representatives
and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made
in order to acquire capability for national security pur-
poses or there exists a significant cost or quality dif-
ference.
SEC. 8096. The Army shall use George Air Force
Base as the interim airhead for the National Training
Center at Fort Irwin until Barstow-Daggett reaches Ini-
tial Operational Capability as the permanent airhead: Pro-
vided, That within funds appropriated for ‘‘Operation and
Maintenance, Army’’ in this Act, not less than $2,000,000
shall be available only to operate the National Training
Center’s rotational airhead at the now closed George Air
Force Base: Provided further, That the Secretary of the
Army shall provide the congressional defense committees
with a report assessing the Army’s compliance with the
terms of this provision not later than March 31, 1996:
Provided further, That not later than April 30, 1996, the
Department of the Army shall complete planning and de-
sign of the Barstow-Daggett airfield as the permanent
airhead in support of training rotations at the National
Training Center.
(TRANSFER OF FUNDS)
SEC. 8097. During the current fiscal year, the Sec-
retary of Defense may carry out transfers of funds of not
to exceed $200,000,000, as provided in section 127a(c) of
title 10, United States Code, as amended by section 1003
of the National Defense Authorization Act for Fiscal Year
1996 (H.R. 1530): Provided, That the transfer authority
provided in this paragraph is in addition to any transfer
authority contained elsewhere in this Act.
SEC. 8098. The sum of $77,500,000 appropriated in
title I and the sum of $564,300,000 appropriated in title
II for additional incremental costs associated with the op-
erations of the Department of Defense designated, as of
June 1, 1995, as Operation Southern Watch and Oper-
ation Provide Comfort—
(1) shall not be obligated or expended before
the date on which the budget of the President for
fiscal year 1997 is transmitted to Congress; and
(2) may be obligated or expended for such in-
cremental costs on or after such date only if that
budget specifically sets forth amounts proposed for
fiscal year 1997 for each of those operations.
SEC. 8099. (a) The Secretary of Defense shall sub-
mit, on a quarterly basis, a report to the congressional
defense committees, the Committee on International Rela-
tions of the House of Representatives and the Committee
on Foreign Relations of the Senate setting forth all costs
(including incremental costs) incurred by the Department
of Defense during the preceding quarter in implementing
or supporting resolutions of the United Nations Security
Council, including any such resolution calling for inter-
national sanctions, international peacekeeping operations,
and humanitarian missions undertaken by the Depart-
ment of Defense. The quarterly report shall include an ag-
gregate of all such Department of Defense costs by oper-
ation or mission.
(b) The Secretary of Defense shall detail in the quar-
terly reports all efforts made to seek credit against past
United Nations expenditures and all efforts made to seek
compensation from the United Nations for costs incurred
by the Department of Defense in implementing and sup-
porting United Nations activities.
SEC. 8100. (a) LIMITATION ON PARTICIPATION IN
CERTAIN OPERATIONS.—None of the funds available to
the Department of Defense for the current fiscal year shall
be obligated or expended for costs incurred by United
States Armed Forces units serving in an operation de-
scribed in subsection (b) unless the President engages in
consultations with the bipartisan leadership of Congress
and the congressional committees named in subsection (e)
regarding such operation in accordance with subsection
(c)(1).
(b) COVERED OPERATIONS.—(1) This section applies
to the following:
(A) Any international peacekeeping or peace-en-
forcement operation that is not underway as of the
date of the enactment of this Act and that is author-
ized by the Security Council of the United Nations
under chapter VI or VII of the Charter of the Unit-
ed Nations.
(B) Any other international peacekeeping or
peace-enforcement operation that is not underway as
of the date of the enactment of this Act.
(C) Any deployment after the date of the enact-
ment of this Act of United States ground forces in
the territory of the former Yugoslavia above the level
of such forces so deployed as of such date of enact-
ment, other than a deployment involving fewer than
100 personnel.
(D) Except as provided in paragraph (2), any
international humanitarian assistance operation.
(2) This section does not apply with respect to—
(A) an international humanitarian assistance
operation carried out in response to a disaster; or
(B) any other international humanitarian as-
sistance operation if the President reports to Con-
gress that the estimated cost of such operation is
less than $50,000,000.
(c) CONSULTATION WITH CONGRESS.—(1) Consulta-
tions under subsection (a) in the case of any operation
shall be initiated before the initial deployment of United
States Armed Forces units to participate in the operation
and, whenever possible, at least 15 days before such de-
ployment. However, if the President determines that the
national security so requires, the President may delay the
initiation of such consultations until after such initial de-
ployment, but in no case may such consultations be initi-
ated later than 48 hours after such deployment.
(2) Such consultations shall include discussion of all
of the following:
(A) The goals of the operation and the mission
of any United States Armed Forces units involved in
the operation.
(B) The United States interests that will be
served by the operation.
(C) The estimated cost of the operation.
(D) The strategy by which the President pro-
poses to fund the operation, including possible sup-
plemental appropriations or payments from inter-
national organizations, foreign countries, or other
donors.
(E) The extent of involvement of armed forces
and other contributions of personnel from other na-
tions.
(F) The anticipated duration and scope of the
operation.
(3) Such consultations shall continue on a periodic
basis throughout the period of the deployment.
(d) REQUESTS
FOR EMERGENCY SUPPLEMENTAL
APPROPRIATIONS.—Whenever there is a deployment of
United States Armed Forces to perform an international
humanitarian, peacekeeping, or peace-enforcement oper-
ation, the President should seek emergency supplemental
appropriations to meet the incremental costs to the De-
partment of Defense of that deployment not later than 90
days after the date on which such deployment commences.
(e) COMMITTEES TO BE INCLUDED IN CONSULTA-
TIONS.—The committees referred to in subsection (a) are
the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the
Senate and the Committee on International Rela-
tions of the House of Representatives.
(3) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on In-
telligence of the House of Representatives.
SEC. 8101. (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities
described in subsection (b) unless the congressional de-
fense committees, and the Committee on International Re-
lations of the House of Representatives and the Commit-
tee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) COVERED ACTIVITIES.—(1) This section applies
to—
(A) any international peacekeeping or peace-en-
forcement operation under the authority of chapter
VI or chapter VII of the United Nations Charter
under the authority of a United Nations Security
Council resolution; and
(B) any other international peacekeeping,
peace-enforcement, humanitarian, or disaster relief
operation.
(c) REQUIRED NOTICE.—A notice under subsection
(a) shall include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be trans-
ferred have been met; and
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to pro-
vide funds for such replacement.
SEC. 8102. None of the funds available to the De-
partment of Defense shall be obligated or expended for
the purposes of deploying United States Armed Forces to
participate in the implementation of a negotiated peace
settlement in Bosnia-Herzegovina, unless such deployment
is previously authorized by law.
SEC. 8103. Except as expressly authorized by law or
provided for specifically in an Act making appropriations
for the Department of Defense, none of the funds available
to the Department of Defense after December 1, 1995,
for the current fiscal year or any fiscal year hereafter shall
be available to support or otherwise provide funds for any
program or activity (other than an intelligence program
or activity) for which another Federal department or agen-
cy has primary responsibility or which is a type of pro-
gram or activity for which funds are customarily provided
in appropriations available to another Federal department
or agency. The limitation in the preceding sentence does
not apply with respect to funds made available to another
department or agency in accordance with section 1535 of
title 31, United States Code.
SEC. 8104. None of the funds available to the De-
partment of Defense shall be obligated or expended to
make a financial contribution to the United Nations for
the cost of an United Nations peacekeeping activity
(whether pursuant to assessment or a voluntary contribu-
tion) or for payment of any United States arrearage to
the United Nations.
SEC. 8105. None of the funds made available in this
Act may be used to administer any policy that permits
the performance of abortions at medical treatment or
other facilities of the Department of Defense, except when
it is made known to the Federal official having authority
to obligate or expend such funds that the life of the moth-
er would be endangered if the fetus were carried to term.
SEC. 8106. 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. 8107. None of the funds in this Act may be
used to implement any change to the computation of mili-
tary retired pay as required by law in fiscal year 1995
for military personnel who entered the Service before Sep-
tember 8, 1980.
SEC. 8108. None of the funds available to the De-
partment of Defense under this Act shall be obligated or
expended to pay a contractor under a contract with the
Department of Defense for costs of any amount paid by
the contractor to an employee when it is made known to
the Federal official having authority to obligate or expend
such funds that—
(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor
to the employee; and
(2) such bonus is part of restructuring costs as-
sociated with a business combination.
SEC. 8109. LIMITATION ON PROCUREMENT OF CER-
TAIN
VESSEL
PROPELLERS
AND
SHIP
PROPULSION
SHAFTING.—(a) Subject to subsection (c), none of the
funds made available by this Act may be used to procure
vessel propellers six feet in diameter or greater when it
is made known to the Federal official having authority to
obligate or expend such funds that such propellers are not
manufactured in the United States and do not incorporate
castings that are poured and finished only in the United
States.
(b) Subject to subsection (c), none of the funds made
available by this Act may be used to procure ship propul-
sion shafting when it is made known to the Federal official
having authority to obligate or expend such funds that
such ship propulsion shafting is not manufactured in the
United States.
(c) The limitation in subsection (a) or subsection (b),
as the case may be, does not apply when it is made known
to the Federal official having authority to obligate or ex-
pend such funds that adequate domestic supplies of pro-
pellers described in subsection (a) or of ship propulsion
shafting are not available to meet Department of Defense
requirements on a timely basis.
SEC. 8110. None of the funds provided in title II of
this Act for ‘‘FORMER SOVIET UNION THREAT REDUC-
TION’’ may be obligated or expended to finance housing
for any individual when it is made known to the Federal
official having authority to obligate or expend such funds
that such individual was a member of the military forces
of the Soviet Union or that such individual is or was a
member of the military forces of the Russian Federation.
SEC. 8111. None of the funds available to the De-
partment of Defense for the current fiscal year shall be
obligated or expended for costs incurred by the participa-
tion of United States Armed Forces units in any operation
in the territory of the former Yugoslavia above the level
of forces so deployed as of date of enactment: Provided,
That this section shall not apply to emergency air rescue
operations, the airborne delivery of humanitarian supplies,
or the planning and execution of OPLAN 40104 to extract
UNPROFOR personnel.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 1996’’.
Passed the House of Representatives September 7,
1995.
Attest:
Clerk.