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cured and only in the numbers and types allocated by the
RCAS program to each site; and at sites scheduled to re-
ceive RCAS equipment after September 30, 1995, RCAS
ADP equipment or ADP equipment from a list of RCAS
compatible equipment approved by the Chief of the Na-
tional Guard Bureau or his designee, may be procured and
only in the numbers and types allocated by the RCAS pro-
gram to each site; (B) the requesting organizational ele-
ment has insufficient ADP equipment to perform adminis-
trative functions but not to exceed the number of work
stations determined by the RCAS program for that site;
(C) replacement equipment will not exceed the minimum
required to maintain the reliability of existing capabilities;
(D) replacement will be justified on the basis of cost and
feasibility of repairs and maintenance of present ADP
equipment as compared to the cost of replacement; and
(E) the procurement under this policy must be approved
by the Chief of the National Guard Bureau or his des-
ignee, provided that the procurement is a one for one re-
placement action of existing equipment.
SEC. 8022. None of the funds in this Act may be
available for the purchase by the Department of Defense
(and its departments and agencies) of welded shipboard
anchor and mooring chain 4 inches in diameter and under
unless the anchor and mooring chain are manufactured
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in the United States from components which are substan-
tially manufactured in the United States: Provided, That
for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and
welding (including the forging and shot blasting process):
Provided further, That for the purpose of this section sub-
stantially all of the components of anchor and mooring
chain shall be considered to be produced or manufactured
in the United States if the aggregate cost of the compo-
nents produced or manufactured in the United States ex-
ceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further,
That when adequate domestic supplies are not available
to meet Department of Defense requirements on a timely
basis, the Secretary of the service responsible for the pro-
curement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations that such an acquisition must be made in order
to acquire capability for national security purposes.
(TRANSFER OF FUNDS)
SEC. 8023. 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 the reimbursement of any health care provider for in-
patient mental health service for care received when a pa-
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tient is referred to a provider of inpatient mental health
care or residential treatment care by a medical or health
care professional having an economic interest in the facil-
ity to which the patient is referred: Provided, That this
limitation does not apply in the case of inpatient mental
health services provided under the program for the handi-
capped under subsection (d) of section 1079 of title 10,
United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary
of Defense because of medical or psychological cir-
cumstances of the patient that are confirmed by a health
professional who is not a Federal employee after a review,
pursuant to rules prescribed by the Secretary, which takes
into account the appropriate level of care for the patient,
the intensity of services required by the patient, and the
availability of that care.
SEC. 8024. 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 prescribe.
SEC. 8025. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of De-
fense may, by Executive Agreement, establish with host
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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 utilized only for the construction of facilities to
support United States military forces in that host nation,
or such real property maintenance and base operating
costs that are currently executed through monetary trans-
fers to such host nations: Provided further, That the De-
partment of Defense’s budget submission for fiscal year
1997 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property
maintenance or base operating costs that shall be funded
by the host nation through such credits: Provided further,
That all military construction projects to be executed from
such accounts must be previously approved in a prior Act
of Congress: Provided further, That each such Executive
Agreement with a NATO member host nation shall be re-
ported to the congressional defense committees, and the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate thirty days prior to the conclusion and en-
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dorsement of any such agreement established under this
provision.
SEC. 8026. None of the funds available to the De-
partment of Defense in this Act shall be used to demili-
tarize or dispose of more than 310,784 unserviceable M1
Garand rifles and M1 Carbines.
SEC. 8027. 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. 8028. None of the funds appropriated by this
Act may be used by the Department of Defense to assign
a supervisor’s title or grade when the number of people
he or she supervises is considered as a basis for this deter-
mination: Provided, That savings that result from this
provision are represented as such in future budget propos-
als.
SEC. 8029. None of the funds appropriated by this
Act shall be available for payments under the Department
of Defense contract with the Louisiana State University
Medical Center involving the use of cats for Brain Missile
Wound Research, and the Department of Defense shall
not make payments under such contract from funds obli-
gated prior to the date of the enactment of this Act, except
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as necessary for costs incurred by the contractor prior to
the enactment of this Act: Provided, That funds necessary
for the care of animals covered by this contract are al-
lowed.
SEC. 8030. None of the funds provided in this Act
or any other Act shall be available to conduct bone trauma
research at any Army Research Laboratory until the Sec-
retary of the Army certifies that the synthetic compound
to be used in the experiments is of such a type that its
use will result in a significant medical finding, the re-
search has military application, the research will be con-
ducted in accordance with the standards set by an animal
care and use committee, and the research does not dupli-
cate research already conducted by a manufacturer or any
other research organization.
SEC. 8031. No more than $50,000 of the funds ap-
propriated or made available in this Act shall be used for
any single relocation of an organization, unit, activity or
function of the Department of Defense into or within the
National Capital Region: Provided, That the Secretary of
Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and Senate that
such a relocation is required in the best interest of the
Government.
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SEC. 8032. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Co-
lumbia may be used for the pay, allowances, and benefits
of an employee as defined by section 2105 of title 5 or
an individual employed by the government of the District
of Columbia, 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;
(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 section 331,
332, 333, 3500, or 8500 of title 10, or other
provision of law, as applicable, or
(B) full-time military service for his State,
the District of Columbia, the Commonwealth of
Puerto Rico, or a territory of the United States;
and
(3) requests and is granted—
(A) leave under the authority of this sec-
tion; or
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(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 otherwise entitled to such annual leave:
Provided, That any employee who requests leave under
subsection (3)(A) for service described in subsection (2)
of this section is entitled to such leave, subject to the pro-
visions 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.
SEC. 8033. 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
initiation of such study with respect to a single function
activity or forty-eight months after initiation of such study
for a multi-function activity.
SEC. 8034. 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. 8035. 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 Veter-
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ans Affairs by section 7455 of title 38, United States
Code.
SEC. 8036. 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
levels funded in this Act.
SEC. 8037. (a) Of the funds for the procurement of
supplies or services appropriated by this Act, qualified
nonprofit agencies for the blind or other severely handi-
capped shall be afforded the maximum practicable oppor-
tunity to participate as subcontractors and suppliers in the
performance of contracts let by the Department of De-
fense.
(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 toward 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-
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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. 8038. During the current fiscal year, net re-
ceipts pursuant to collections from third party payers pur-
suant to section 1095 of title 10, United States Code, shall
be made available to the local facility of the uniformed
services responsible for the collections and shall be over
and above the facility’s direct budget amount.
SEC. 8039. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government
of Kuwait, under that section: Provided, That, upon re-
ceipt, such contributions from the Government of Kuwait
shall be credited to the appropriation or fund which in-
curred such obligations.
SEC. 8040. (a) Funds appropriated in this Act to fi-
nance activities of Department of Defense (DoD) Feder-
ally 
Funded 
Research 
and 
Development 
Centers
(FFRDCs) may not be obligated or expended for a
FFRDC if a member of its Board of Directors or Trustees
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simultaneously serves on the Board of Directors or Trust-
ees of a profit-making company under contract to the De-
partment of Defense unless the FFRDC has a DoD ap-
proved conflict of interest policy for its members.
(b) LIMITATION ON COMPENSATION.—No employee
or executive officer of a defense FFRDC may be com-
pensated at a rate exceeding Executive Schedule Level I
by that FFRDC.
(c) LIMITATION ON COMPENSATION.—No member of
a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC may be compensated
for his or her services as a member of such entity except
under the same conditions, and to the same extent, as
members of the Defense Science Board: Provided, That
a member of any such entity shall be allowed travel ex-
penses and per diem as authorized under the Federal
Joint Travel Regulations, when engaged in the perform-
ance of membership duties.
(d) Notwithstanding any other provision of law, of
the amounts available to the Department of Defense dur-
ing fiscal year 1996, not more than $1,252,650,000 may
be obligated for financing activities of defense FFRDCs:
Provided, That in addition to any other reductions re-
quired by this section, the total amounts appropriated in
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titles II, III, and IV of this Act to finance activities carried
out by defense FFRDCs and other entities providing con-
sulting services, studies and analyses, systems engineering
and technical assistance, and technical engineering and
management support are hereby reduced by $90,097,000.
SEC. 8041. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of
Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class
9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications
of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible
for the procurement 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: Pro-
vided further, That these restrictions shall not apply to
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contracts which are in being as of the date of enactment
of this Act.
SEC. 8042. None of the unobligated balances avail-
able in the National Defense Stockpile Transaction Fund
during the current fiscal year may be obligated or ex-
pended to finance any grant or contract to conduct re-
search, development, test and evaluation activities for the
development or production of advanced materials, unless
amounts for such purposes are specifically appropriated
in a subsequent appropriations Act.
SEC. 8043. For the purposes of this Act, the term
‘‘congressional defense committees’’ means the Commit-
tees on Appropriations of the Senate and the House of
Representatives, the subcommittee on National Security of
the Committee on Appropriations and the Committee on
National Security of the House of Representatives, and
the Committee on Armed Services of the Senate.
SEC. 8044. 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
production of components and other Defense-related arti-
cles, through competition between Department of Defense
depot maintenance activities and private firms: Provided,
That the Senior Acquisition Executive of the military de-
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partment or defense agency concerned, with power of dele-
gation, shall certify that successful bids include com-
parable estimates 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. 8045. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement 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 the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy Amer-
ican 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 Con-
gress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year 1996. Such
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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 agreement to which the United States is a
party.
(c) For purposes of this section, 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.).
SEC. 8046. Notwithstanding any other provision of
law, the Secretary of Defense may, when he considers it
in the best interest of the United States, cancel any part
of an indebtedness, up to $2,500, that is or was owed to
the United States by a member or former member of a
uniformed service if such indebtedness, as determined by
the Secretary, was incurred in connection with Operation
Desert Shield/Storm: Provided, That the amount of an in-
debtedness previously paid by a member or former mem-
ber and cancelled under this section shall be refunded to
the member.
SEC. 8047. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
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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, pro-
vided in section 2865 of title 10, United States Code.
SEC. 8048. During the current fiscal year and there-
after, voluntary separation incentives payable under 10
U.S.C. 1175 may be paid in such amounts as are nec-
essary from the assets of the Voluntary Separation Incen-
tive Fund established by section 1175(h)(1).
(INCLUDING TRANSFER OF FUNDS)
SEC. 8049. 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
applicable appropriations or funds of the Department of
Defense under the terms and conditions specified by 40
U.S.C. 
485(h)(2) 
(A) 
and 
(B) 
and 
U.S.C.
2667(d)(1)(B), to be merged with and to be available for
the same time period and the same purposes as the appro-
priation to which transferred.
SEC. 8050. During the current fiscal year, appropria-
tions available to the Department of Defense may be used
to reimburse a member of a reserve component of the
Armed Forces who is not otherwise entitled to travel and
transportation allowances and who occupies transient gov-
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ernment housing while performing active duty for training
or inactive 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 allowances 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 lodging may be paid directly from funds appro-
priated for operation and maintenance of the reserve com-
ponent of the member concerned.
SEC. 8051. None of the funds available in this Act
may be used to support in any manner, including travel
or other related expenses, the ‘‘Tailhook Association’’.
SEC. 8052. The President shall include with each
budget for a fiscal year submitted to the Congress under
section 1105 of title 31, United States Code, materials
that shall identify clearly and separately the amounts re-
quested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military
departments, and the Defense Agencies.
SEC. 8053. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act
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of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall
be available until expended for the payments specified by
section 2921(c)(2) of that Act.
SEC. 8054. During the current fiscal year and there-
after, annual payments granted under the provisions of
section 4416 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–428; 106 Stat.
2714) shall be made from appropriations which are avail-
able for the pay of reserve component personnel.
SEC. 8055. 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.
SEC. 8056. 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 $50,000.
SEC. 8057. During the current fiscal year and there-
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.
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SEC. 8058. (a) During the current fiscal year, none
of the appropriations or funds available to the Defense
Business Operations Fund shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the cur-
rent fiscal year or a subsequent fiscal year to customers
of the Defense Business Operations Fund if such an item
would not have been chargeable to the Defense Business
Operations Fund during fiscal year 1994 and if the pur-
chase of such an investment item would be chargeable dur-
ing the current fiscal year to appropriations made to the
Department of Defense for procurement.
(b) The fiscal year 1997 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 1997
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be
budgeted for in a proposed fiscal year 1997 procurement
appropriation and not in the supply management business
area or any other area or category of the Defense Business
Operations Fund.
SEC. 8059. None of the funds provided in this Act
shall be available for use by a Military Department to
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modify an aircraft, weapon, ship or other item of equip-
ment, that the Military Department concerned plans to
retire or otherwise dispose of within five years after com-
pletion of the modification: Provided, That this prohibition
shall not apply to safety modifications: Provided further,
That this prohibition may be waived by the Secretary of
a Military Department if the Secretary determines it is
in the best national security interest of the United States
to provide such waiver and so notifies the congressional
defense committees in writing.
SEC. 8060. No part of the funds in this Act shall
be available to prepare or present a request to the Com-
mittees on Appropriations for reprogramming of funds,
unless for higher priority items, based on unforeseen mili-
tary requirements, than those for which originally appro-
priated and in no case where the item for which
reprogramming is requested has been denied by the Con-
gress.
SEC. 8061. None of the funds appropriated by this
Act shall be available for payment of the compensation
of personnel assigned to or serving in the National For-
eign Intelligence Program in excess of 92 percent of such
personnel actually assigned to or serving in the National
Foreign Intelligence Program on September 30, 1992:
Provided, That in making any reduction in the number
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of such personnel that may be required pursuant to this
section, the percentage of reductions to Senior Intelligence
Service positions shall be equal to or exceed the percentage
of reductions to non-Senior Intelligence Service positions:
Provided further, That in making any reduction in the
number of such personnel that may be required pursuant
to this section, the percentage of reductions to positions
in the National Capital Region shall be equal to or exceed
the percentage of reductions to positions outside of the
National Capital Region.
SEC. 8062. None of the funds provided by this Act
may be used to pay the salaries of any person or persons
who authorize the transfer of obligated and deobligated
appropriations into the Reserve for Contingencies of the
Central Intelligence Agency.
SEC. 8063. None of the funds appropriated by this
Act for programs of the Central Intelligence Agency shall
remain available for obligation beyond the current fiscal
year, except for funds appropriated for the Reserve for
Contingencies, which shall remain available until Septem-
ber 30, 1997.
SEC. 8064. The classified Annex prepared by the
Committee on Appropriations to accompany the report on
the Department of Defense Appropriations Act, 1996 is
hereby incorporated into this Act: Provided, That the
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amounts specified in the classified Annex are not in addi-
tion to amounts appropriated by other provisions of this
Act: Provided further, That the President shall provide for
appropriate distribution of the classified Annex, or of ap-
propriate portions of the classified Annex, within the exec-
utive branch of the Government.
SEC. 8065. Notwithstanding any other provision of
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands.
SEC. 8066. Notwithstanding any other provision of
law, funds appropriated in this Act for the High Perform-
ance Computing Modernization Program shall be made
available only for the acquisition and sustainment of oper-
ations, including maintenance of the supercomputing and
related networking capability at (1) the DOD Science and
Technology sites under the cognizance of the DDR&E, (2)
the DOD Test and Evaluation centers under the Director,
Test and Evaluation, OUSD (A&T), and (3) the Ballistic
Missile Defense Organization: Provided, That the con-
tracts, contract modifications, or contract options are
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awarded competitively solely upon the requirements of the
users.
SEC. 8067. Amounts collected for the use of the fa-
cilities of the National Science Center for Communications
and Electronics during the current fiscal year pursuant
to section 1459(g) of the Department of Defense Author-
ization Act, 1986 and deposited to the special account es-
tablished under subsection 1459(g)(2) of that Act are ap-
propriated and shall be available until expended for the
operation and maintenance of the Center as provided for
in subsection 1459(g)(2).
SEC. 8068. None of the funds appropriated in this
Act may be used to fill the commander’s position at any
military medical facility with a health care professional
unless the prospective candidate can demonstrate profes-
sional administrative skills.
SEC. 8069. (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.).
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(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
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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.
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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-
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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-
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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-
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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
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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
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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
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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
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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
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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
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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.
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(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-
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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)
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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
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(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-
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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.
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(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.
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(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
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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
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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.
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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-
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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:
ROBIN H. CARLE,
Clerk.
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