unless the prospective candidate can demonstrate profes-
sional administrative skills.
SEC. 8057. (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, com-
plies 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 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.
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase
only American-made equipment and products, provided
that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely
fashion.
SEC. 8058. 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. 8059. 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 1997 until the enactment of the Intelligence Author-
ization Act for fiscal year 1997.
SEC. 8060. (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) $59,600,000 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. 8061. None of the funds available to the De-
partment of Defense in this Act may be used to establish
additional field operating agencies of any element of the
Department during fiscal year 1997, except for field oper-
ating agencies funded within the National Foreign Intel-
ligence Program: Provided, That the Secretary of Defense
may waive this section by certifying to the House and Sen-
ate Committees on Appropriations that the creation of
such field operating agencies will reduce either the person-
nel and/or financial requirements of the Department of
Defense.
SEC. 8062. Notwithstanding any other provision of
law, for resident classes entering the war colleges after
September 30, 1997, 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. 8063. 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
$250,000 per year.
SEC. 8064. 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. 8065. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8066. 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. 8067. 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. 8068. During the current fiscal year, none of
the funds appropriated in this Act may be used to reduce
the civilian medical and medical support personnel as-
signed to military treatment facilities below the September
30, 1996 level.
SEC. 8069. 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. 8070. 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. 8071. (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. 8072. 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. 8073. None of the funds appropriated by this
Act may be used for the procurement of ball and roller
bearings other than those produced by a domestic source
and of domestic origin: Provided, That the Secretary of
the military department responsible for such procurement
may waive this restriction on a case-by-case basis by cer-
tifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire ca-
pability for national security purposes.
SEC. 8074. 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. 8075. None of the funds appropriated by this
Act shall be available to lease or charter a vessel in excess
of seventeen months (inclusive of any option periods) to
transport fuel or oil for the Department of Defense if the
vessel was constructed after October 1, 1995 unless the
Secretary of Defense requires that the vessel be con-
structed in the United States with a double hull under
the long-term lease or charter authority provided in sec-
tion 2401 note of title 10, United States Code: Provided,
That this limitation shall not apply to contracts in force
on the date of enactment of this Act: Provided further,
That by 1997 at least 20 percent of annual leases and
charters must be for ships of double hull design con-
structed after October 1, 1995 if available in numbers suf-
ficient to satisfy this requirement: Provided further, That
the Military Sealift Command shall plan to achieve the
goal of eliminating single hull ship leases by the year
2015.
SEC. 8076. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $500,000,000 to reflect savings from re-
duced carryover of activities funded through the Defense
Business Operations Fund, to be distributed as follows:
‘‘Operation and Maintenance, Army’’, $60,000,000; and
‘‘Operation and Maintenance, Navy’’, $440,000,000.
SEC. 8077. During the current fiscal year, the Army
shall use the former George Air Force Base as the airhead
for the National Training Center at Fort Irwin: Provided,
That none of the funds in this Act shall be obligated or
expended to transport Army personnel into Edwards Air
Force Base for training rotations at the National Training
Center.
SEC. 8078. (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. 8079. (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, the Committee on International Rela-
tions of the House of Representatives, and the Committee
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, or humanitarian assistance oper-
ation.
(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. 8080. 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. 8081. 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—
(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. 8082. The amount otherwise provided by this
Act for ‘‘Operation and Maintenance, Air Force’’ is hereby
reduced by $195,000,000, to reflect a reduction in the
passthrough to the Air Force business areas of the De-
fense Business Operations Fund.
SEC. 8083. None of the funds provided in title II of
this Act for ‘‘Former Soviet Union Threat Reduction’’
may be obligated or expended to finance housing for any
individual who was a member of the military forces of the
Soviet Union or for any individual who is or was a member
of the military forces of the Russian Federation.
SEC. 8084. Beginning in fiscal year 1997 and there-
after, and notwithstanding any other provision of law,
fixed and mobile telecommunications support shall be pro-
vided by the White House Communications Agency
(WHCA) to the United States Secret Service (USSS),
without reimbursement, in connection with the Secret
Service’s duties directly related to the protection of the
President or the Vice President or other officer imme-
diately next in order of succession to the office of the
President at the White House Security Complex in the
Washington, D.C. Metropolitan Area and Camp David,
Maryland. For these purposes, the White House Security
Complex includes the White House, the White House
grounds, the Old Executive Office Building, the New Ex-
ecutive Office Building, the Blair House, the Treasury
Building, and the Vice President’s Residence at the Naval
Observatory: Provided, That funds made available to the
WHCA (or any successor agency) for support services for
the President from funds appropriated for the Department
of Defense for any fiscal year (beginning with fiscal year
1997) may be used only for the provision of telecommuni-
cations support to the President and Vice President and
related elements (as defined in regulations of that agency
and specified by the President with respect to particular
individuals within those related elements).
SEC. 8085. For purposes of section 1553(b) of title
31, United States Code, any subdivision of appropriations
made in this Act under the heading ‘‘Shipbuilding and
Conversion, Navy’’ shall be considered to be for the same
purpose as any subdivision under the heading ‘‘Shipbuild-
ing and Conversion, Navy’’ appropriations in any prior
year, and the one percent limitation shall apply to the total
amount of the appropriation.
SEC. 8086. During the current fiscal year, and not-
withstanding 31 U.S.C. 1552(a), funds appropriated
under the heading ‘‘Aircraft Procurement, Air Force’’ in
Public Laws 102–172 and 102–396 which were available
and obligated for the B–2 aircraft program shall remain
available for expenditure and for adjusting obligations for
such program until September 30, 2002.
SEC. 8087. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged
to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of avail-
ability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation
of the Department of Defense under the provisions
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall
be reversed and recorded against the expired ac-
count: Provided further, That the total amount
charged to a current appropriation under this sec-
tion may not exceed an amount equal to one percent
of the total appropriation for that account.
SEC. 8088. During the current fiscal year the Marine
Security Guard Program shall be administered under the
terms and conditions of the March 29, 1994 Memorandum
of Understanding between the Department of Defense and
the Department of State concerning such program and the
Department of State shall continue to pay, or provide re-
imbursement for, Marine Security Guard costs which are
the responsibility of the State Department under the pro-
visions of such Memorandum.
SEC. 8089. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $400,000,000 to reflect savings from im-
proved management of spare and repair parts inventories
of the Department of Defense, to be distributed as follows:
‘‘Operation and Maintenance, Army’’, $91,000,000; ‘‘Op-
eration and Maintenance, Navy’’, $32,600,000; and ‘‘Op-
eration and Maintenance, Air Force’’, $276,400,000.
SEC. 8090. Notwithstanding any other provision of
law, the Air Force shall not introduce any new supplier
for the remaining production units for the AN/ALE–47
Countermeasure Dispenser System.
SEC. 8091. In applying section 9005 of the Depart-
ment of Defense Appropriations Act, 1993 (Public Law
102–396)—
(1) synthetic fabric and coated synthetic fabric
shall be deemed to include synthetic fiber and yarn
and their products; and
(2) such section shall (notwithstanding section
34 of Public Law 93–400) be treated as being appli-
cable to contracts and subcontracts for the procure-
ment of commercial items that are articles or items,
specialty metals, or tools covered by that section
9005.
SEC. 8092. TRADE-OFF STUDY OF CURRENT AND
FUTURE DEEP-STRIKE CAPABILITIES.—
(1) The Secretary of Defense shall carry out
the deep-strike tradeoff study announced by the
President to study tradeoffs between bombers, land
and sea-based tactical aircraft, and missiles capable
of striking targets in an enemy’s rear area.
(2) The Secretary of Defense shall establish an
ad hoc review committee under the auspices of the
Defense Science Board to establish the methodologi-
cal approach to the tradeoff study, to establish a
broad range of stressing scenarios of interest, and to
review assumptions regarding the analyses to be con-
ducted.
(3) The ad hoc review committee to be estab-
lished under paragraph (2) shall include among its
members analysts who have performed or partici-
pated in bomber trade-off analysis, retired military
personnel with broad experience in recent conven-
tional warfare operations, and experts on the logis-
tics of both initial deployment and sustaining sup-
port. These members shall be selected without re-
gard for current service on the Defense Science
Board.
(4) After submitting its recommendations for
the conduct of the deep-strike tradeoff study to the
Secretary of Defense, the ad hoc review committee
shall continue to meet regularly to review prelimi-
nary results of the analysis and to recommend addi-
tional variations in assumptions that may be re-
quired to illuminate particular force trade-off issues.
SEC. 8093. TACTICAL
AIRCRAFT
REQUIREMENT
STUDY.—The Secretary of Defense and the Chairman of
the Joint Chiefs of Staff shall carry out a joint study
under the direct supervision of the Joint Requirements
Oversight Council (JROC) assessing future tactical air-
craft requirements across service jurisdictions. This study
shall determine the best and most affordable mix of weap-
on systems to carry out different mission areas and shall
include recommendations for changes to the planned num-
bers and types of tactical aircraft to be developed and pro-
cured over the next ten years if appropriate. Such report
shall be submitted to the Congressional defense commit-
tees no later than March 30, 1997.
SEC. 8094. (a) CONSIDERATION OF PERCENTAGE OF
WORK PERFORMED IN THE UNITED STATES.—None of
the funds available to the Department of Defense under
this Act may be obligated or expended to evaluate sealed
bids and competitive proposals for a contract for the pro-
curement of property or services except when it is made
known to the Federal official having authority to obligate
or expend such funds that—
(1) a factor in such evaluation is the percentage
of work under the contract that the bidder or offeror
plans to perform in the United States; and
(2) a high importance is assigned to such fac-
tor.
(b) BREACH
OF CONTRACT
FOR TRANSFERRING
WORK OUTSIDE
THE UNITED STATES.—None of the
funds available to the Department of Defense under this
Act may be obligated or expended to procure property or