H. R. 1530—215
(1) to apply any amendment or repeal of a provision of
law made in this Act to the pilot program before the effective
date of such amendment or repeal; and
(2) to apply to a procurement of items other than commer-
cial items under such program—
(A) the authority provided in section 34 of the Office
of Federal Procurement Policy Act (41 U.S.C. 430) to waive
a provision of law in the case of commercial items, and
(B) any exception applicable under this Act or the
Federal Acquisition Streamlining Act of 1994 (Public Law
103–355) (or an amendment made by a provision of either
Act) in the case of commercial items,
before the effective date of such provision (or amendment)
to the extent that the Secretary determines necessary to test
the application of such waiver or exception to procurements
of items other than commercial items.
(h) APPLICABILITY.—(1) Subsections (f) and (g) apply to the
following contracts, if such contracts are within the scope of the
pilot program at a facility designated for the pilot program under
subsection (b):
(A) A contract that is awarded or modified during the
period described in paragraph (2).
(B) A contract that is awarded before the beginning of
such period, that is to be performed (or may be performed),
in whole or in part, during such period, and that may be
modified as appropriate at no cost to the Government.
(2) The period referred to in paragraph (1), with respect to
a facility designated under subsection (b), is the period that—
(A) begins 45 days after the date of the enactment of
the Act authorizing the designation of that facility in accordance
with paragraph (2) of such subsection; and
(B) ends on September 30, 2000.
(i) COMMERCIAL PRACTICES ENCOURAGED.—With respect to con-
tracts and subcontracts within the scope of the defense facility-
wide pilot program, the Secretary of Defense may, to the extent
the Secretary determines appropriate and in accordance with
applicable law, adopt commercial practices in the administration
of contracts and subcontracts. Such commercial practices may
include the following:
(1) Substitution of commercial oversight and inspection
procedures for Government audit and access to records.
(2) Incorporation of commercial oversight, inspection, and
acceptance procedures.
(3) Use of alternative dispute resolution techniques (includ-
ing arbitration).
(4) Elimination of contract provisions authorizing the
Government to make unilateral changes to contracts.
SEC. 823. TREATMENT OF DEPARTMENT OF DEFENSE CABLE TELE-
VISION FRANCHISE AGREEMENTS.
Not later than 180 days after the date of the enactment of
this Act, the chief judge of the United States Court of Federal
Claims shall transmit to Congress a report containing an advisory
opinion on the following two questions:
(1) Is it within the power of the executive branch to treat
cable television franchise agreements for the construction,
installation, or capital improvement of cable television systems
H. R. 1530—216
at military installations of the Department of Defense as con-
tracts under part 49 of the Federal Acquisition Regulation
without violating title VI of the Communications Act of 1934
(47 U.S.C. 521 et seq.)?
(2) If the answer to the question in paragraph (1) is in
the affirmative, is the executive branch required by law to
so treat such franchise agreements?
SEC. 824. EXTENSION OF PILOT MENTOR-PROTEGE PROGRAM.
Section 831(j)(1) of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 2301 note) is amended by striking
out ‘‘1995’’ and inserting in lieu thereof ‘‘1996’’.
TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—General Matters
SEC. 901. ORGANIZATION OF THE OFFICE OF THE SECRETARY OF
DEFENSE.
(a) FINDINGS.—Congress makes the following findings:
(1) The statutory provisions that as of the date of the
enactment of this Act govern the organization of the Office
of the Secretary of Defense have evolved from enactment of
a number of executive branch legislative proposals and congres-
sional initiatives over a period of years.
(2) The May 1995 report of the congressionally mandated
Commission on Roles and Missions of the Armed Forces
included a number of recommendations relating to the Office
of the Secretary of Defense.
(3) The Secretary of Defense has decided to create a special
Department task force and to conduct other reviews to review
many of the Commission’s recommendations.
(4) The Secretary of Defense has decided to institute a
5 percent per year reduction of civilian personnel assigned
to the Office of the Secretary of Defense, including the Washing-
ton Headquarters Service and the Defense Support Activities,
for the period from fiscal year 1996 through fiscal year 2001.
(5) Over the ten-year period from 1986 through 1995,
defense spending in real dollars has been reduced by 34 percent
and military end-strengths have been reduced by 28 percent.
During the same period, the number of civilian employees of
the Office of the Secretary of Defense has increased by 22
percent.
(6) To achieve greater efficiency and to revalidate the role
and mission of the Office of the Secretary of Defense, a com-
prehensive review of the organizations and functions of that
Office and of the personnel needed to carry out those functions
is required.
(b) REVIEW.—The Secretary of Defense shall conduct a further
review of the organizations and functions of the Office of the Sec-
retary of Defense, including the Washington Headquarters Service
and the Defense Support Activities, and the personnel needed to
carry out those functions. The review shall include the following:
H. R. 1530—217
(1) An assessment of the appropriate functions of the Office
and whether the Office of the Secretary of Defense or some
of its component parts should be organized along mission lines.
(2) An assessment of the adequacy of the present organiza-
tional structure to efficiently and effectively support the Sec-
retary in carrying out his responsibilities in a manner that
ensures civilian authority in the Department of Defense.
(3) An assessment of the advantages and disadvantages
of the use of political appointees to fill the positions of the
various Under Secretaries of Defense, Assistant Secretaries
of Defense, and Deputy Under Secretaries of Defense.
(4) An assessment of the extent of unnecessary duplication
of functions between the Office of the Secretary of Defense
and the Joint Staff.
(5) An assessment of the extent of unnecessary duplication
of functions between the Office of the Secretary of Defense
and the military departments.
(6) An assessment of the appropriate number of positions
referred to in paragraph (3) and of Deputy Assistant Secretaries
of Defense.
(7) An assessment of whether some or any of the functions
currently performed by the Office of Humanitarian and Refugee
Affairs are more properly or effectively performed by another
agency of Government or elsewhere within the Department
of Defense.
(8) An assessment of the efficacy of the Joint Requirements
Oversight Council and whether it is advisable or necessary
to establish a statutory charter for this organization.
(9) An assessment of any benefits or efficiencies derived
from decentralizing certain functions currently performed by
the Office of the Secretary of Defense.
(10) An assessment of the appropriate size, number, and
functional responsibilities of the Defense Agencies and other
Department of Defense support organizations.
(c) REPORT.—Not later than March 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a
report containing —
(1) his findings and conclusions resulting from the review
under subsection (b); and
(2) a plan for implementing resulting recommendations,
including proposals for legislation (with supporting rationale)
that would be required as a result of the review.
(d) PERSONNEL REDUCTION.—(1) Effective October 1, 1999, the
number of OSD personnel may not exceed 75 percent of the number
of OSD personnel as of October 1, 1994.
(2) For purposes of this subsection, the term ‘‘OSD personnel’’
means military and civilian personnel of the Department of Defense
who are assigned to, or employed in, functions in the Office of
the Secretary of Defense (including Direct Support Activities of
that Office and the Washington Headquarters Services of the
Department of Defense).
(3) In carrying out reductions in the number of personnel
assigned to, or employed in, the Office of the Department of Defense
in order to comply with paragraph (1), the Secretary may not
reassign functions solely in order to evade the requirement con-
tained in that paragraph.
H. R. 1530—218
(4) If the Secretary of Defense determines, and certifies to
Congress, that the limitation in paragraph (1) would adversely
affect United States national security, the limitation under para-
graph (1) shall be applied by substituting ‘‘80 percent’’ for ‘‘75
percent’’.
SEC. 902. REDUCTION IN NUMBER OF ASSISTANT SECRETARY OF
DEFENSE POSITIONS.
(a) REDUCTION.—Section 138(a) of title 10, United States Code,
is amended by striking out ‘‘eleven’’ and inserting in lieu thereof
‘‘ten’’.
(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United
States Code, is amended by striking out ‘‘(11)’’ after ‘‘Assistant
Secretaries of Defense’’ and inserting in lieu thereof ‘‘(10)’’.
SEC. 903. DEFERRED REPEAL OF VARIOUS STATUTORY POSITIONS
AND OFFICES IN OFFICE OF THE SECRETARY OF DEFENSE.
(a) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 31, 1997.
(b) TERMINATION
OF SPECIFICATION
BY LAW
OF ASD POSI-
TIONS.—Subsection (b) of section 138 of title 10, United States
Code, is amended to read as follows:
‘‘(b) The Assistant Secretaries shall perform such duties and
exercise such powers as the Secretary of Defense may prescribe.’’.
(c) REPEAL OF CERTAIN OSD PRESIDENTIAL APPOINTMENT POSI-
TIONS.—The following sections of chapter 4 of such title are
repealed:
(1) Section 133a, relating to the Deputy Under Secretary
of Defense for Acquisition and Technology.
(2) Section 134a, relating to the Deputy Under Secretary
of Defense for Policy.
(3) Section 134a, relating to the Director of Defense
Research and Engineering.
(4) Section 139, relating to the Director of Operational
Test and Evaluation.
(5) Section 142, relating to the Assistant to the Secretary
of Defense for Nuclear and Chemical and Biological Defense
Programs.
(d) DIRECTOR
OF
MILITARY
RELOCATION
ASSISTANCE
PRO-
GRAMS.—Section 1056 of such title is amended by striking out
subsection (d).
(e) CONFORMING AMENDMENTS RELATING TO REPEAL OF VAR-
IOUS OSD POSITIONS.—Chapter 4 of such title is further amended—
(1) in section 131(b)—
(A) by striking out paragraphs (6) and (8); and
(B) by redesignating paragraphs (7), (9), (10), and (11),
as paragraphs (6), (7), (8), and (9), respectively;
(2) in section 138(d), by striking out ‘‘the Under Secretaries
of Defense, and the Director of Defense Research and Engineer-
ing’’ and inserting in lieu thereof ‘‘and the Under Secretaries
of Defense’’; and
(3) in the table of sections at the beginning of the chapter,
by striking out the items relating to sections 133a, 134a, 137,
139, and 142.
(f) CONFORMING AMENDMENTS RELATING TO REPEAL OF SPECI-
FICATION OF ASD POSITIONS.—
(1) Section 176(a)(3) of title 10, United States Code, is
amended—
H. R. 1530—219
(A) by striking out ‘‘Assistant Secretary of Defense
for Health Affairs’’ and inserting in lieu thereof ‘‘official
in the Department of Defense with principal responsibility
for health affairs’’; and
(B) by striking out ‘‘Chief Medical Director of the
Department of Veterans Affairs’’ and inserting in lieu
thereof ‘‘Under Secretary for Health of the Department
of Veterans Affairs’’.
(2) Section 1216(d) of such title is amended by striking
out ‘‘Assistant Secretary of Defense for Health Affairs’’ and
inserting in lieu thereof ‘‘official in the Department of Defense
with principal responsibility for health affairs’’.
(3) Section 1587(d) of such title is amended by striking
out ‘‘Assistant Secretary of Defense for Manpower and Logis-
tics’’ and inserting in lieu thereof ‘‘official in the Department
of Defense with principal responsibility for personnel and
readiness’’.
(4) The text of section 10201 of such title is amended
to read as follows:
‘‘The official in the Department of Defense with responsibility
for overall supervision of reserve component affairs of the Depart-
ment of Defense is the official designated by the Secretary of
Defense to have that responsibility.’’.
(5) Section 1211(b)(2) of the National Defense Authorization
Act for Fiscal Years 1988 and 1989 (P.L. 100–180; 101 Stat
1155; 10 U.S.C. 167 note) is amended by striking out ‘‘the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict’’ and inserting in lieu thereof ‘‘the official
designated by the Secretary of Defense to have principal respon-
sibility for matters relating to special operations and low inten-
sity conflict’’.
(g) CONFORMING AMENDMENTS RELATING TO OPERATIONAL TEST
AND EVALUATION AUTHORITY.—(1) Subsection (a) of section 2399
of title 10, United States Code, is amended—
(A) by inserting ‘‘a conventional weapons system that’’ after
‘‘means’’ in the matter in paragraph (2) preceding subparagraph
(A);
(B) by striking out ‘‘a conventional weapons system that’’
in paragraph (2)(A); and
(C) by adding at the end the following new paragraph:
‘‘(3) The Secretary of Defense shall designate an official of
the Department of Defense to perform the duties of the position
referred to in this section as the ‘designated OT&E official’.’’.
(2) Subsection (b) of such section is amended—
(A) by striking out ‘‘Director of Operational Test and
Evaluation of the Department of Defense’’ in paragraph (1)
and inserting in lieu thereof ‘‘designated OT&E official’’; and
(B) by striking out ‘‘Director’’ each place it appears in
paragraphs (2), (3), and (4) and inserting in lieu thereof ‘‘des-
ignated OT&E official’’.
(3) Subsection (c)(1) of such section is amended by striking
out ‘‘Director of Operational Test and Evaluation of the Department
of Defense’’ and inserting in lieu thereof ‘‘designated OT&E official’’.
(4) Subsection (e) of such section is amended by striking out
‘‘Director’’ each place it appears and inserting in lieu thereof ‘‘des-
ignated OT&E official’’.
(5) Such section is further amended—
H. R. 1530—221
‘‘(1) assist the Chairman of the Joint Chiefs of Staff in
identifying and assessing the priority of joint military require-
ments (including existing systems and equipment) to meet the
national military strategy;
‘‘(2) assist the Chairman in considering alternatives to
any acquisition program that has been identified to meet mili-
tary requirements by evaluating the cost, schedule, and
performance criteria of the program and of the identified alter-
natives; and
‘‘(3) as part of its mission to assist the Chairman in assign-
ing joint priority among existing and future programs meeting
valid requirements, ensure that the assignment of such prior-
ities conforms to and reflects resource levels projected by the
Secretary of Defense through defense planning guidance.
‘‘(c) COMPOSITION.—(1) The Joint Requirements Oversight
Council is composed of—
‘‘(A) the Chairman of the Joint Chiefs of Staff, who is
the chairman of the Council;
‘‘(B) an Army officer in the grade of general;
‘‘(C) a Navy officer in the grade of admiral;
‘‘(D) an Air Force officer in the grade of general; and
‘‘(E) a Marine Corps officer in the grade of general.
‘‘(2) Members of the Council, other than the Chairman of the
Joint Chiefs of Staff, shall be selected by the Chairman of the
Joint Chiefs of Staff, after consultation with the Secretary of
Defense, from officers in the grade of general or admiral, as the
case may be, who are recommended for such selection by the Sec-
retary of the military department concerned.
‘‘(3) The functions of the Chairman of the Joint Chiefs of Staff
as chairman of the Council may only be delegated to the Vice
Chairman of the Joint Chiefs of Staff.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘181. Joint Requirements Oversight Council.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 31, 1997.
SEC. 906. RESTRUCTURING OF DEPARTMENT OF DEFENSE ACQUISI-
TION ORGANIZATION AND WORKFORCE.
(a) RESTRUCTURING REPORT.—Not later than March 1, 1996,
the Secretary of Defense shall submit to Congress a report on
the acquisition organization and workforce of the Department of
Defense. The report shall include—
(1) the plan described in subsection (b); and
(2) the assessment of streamlining and restructuring
options described in subsection (c).
(b) PLAN FOR RESTRUCTURING.—(1) The Secretary shall include
in the report under subsection (a) a plan on how to restructure
the current acquisition organization of the Department of Defense
in a manner that would enable the Secretary to accomplish the
following:
(A) Reduce the number of military and civilian personnel
assigned to, or employed in, acquisition organizations of the
Department of Defense (as defined by the Secretary) by 25
percent over a period of five years, beginning on October 1,
1995.
H. R. 1530—222
(B) Eliminate duplication of functions among existing
acquisition organizations of the Department of Defense.
(C) Maximize opportunity for consolidation among acquisi-
tion organizations of the Department of Defense to reduce
management overhead.
(2) In the report, the Secretary shall also identify any statutory
requirement or congressional directive that inhibits any proposed
restructuring plan or reduction in the size of the defense acquisition
organization.
(3) In designing the plan under paragraph (1), the Secretary
shall give full consideration to the process efficiencies expected
to be achieved through the implementation of the Federal Acquisi-
tion Streamlining Act of 1994 (Public Law 103–355), the Federal
Acquisition Reform Act of 1995 (division D of this Act), and other
ongoing initiatives to increase the use of commercial practices and
reduce contract overhead in the defense procurement system.
(c) ASSESSMENT OF SPECIFIED RESTRUCTURING OPTIONS.—The
Secretary shall include in the report under subsection (a) a detailed
assessment of each of the following options for streamlining and
restructuring the existing defense acquisition organization, together
with a specific recommendation as to whether each such option
should be implemented:
(1) Consolidation of certain functions of the Defense Con-
tract Audit Agency and the Defense Contract Management
Command.
(2) Contracting for performance of a significant portion
of the workload of the Defense Contract Audit Agency and
other Defense Agencies that perform acquisition functions.
(3) Consolidation or selected elimination of Department
of Defense acquisition organizations.
(4) Any other defense acquisition infrastructure streamlin-
ing or restructuring option the Secretary may determine.
(d) REDUCTION OF ACQUISITION WORKFORCE.—(1) The Secretary
of Defense shall accomplish reductions in defense acquisition
personnel positions during fiscal year 1996 so that the total number
of such personnel as of October 1, 1996, is less than the total
number of such personnel as of October 1, 1995, by at least 15,000.
(2) For purposes of this subsection, the term ‘‘defense acquisi-
tion personnel’’ means military and civilian personnel assigned
to, or employed in, acquisition organizations of the Department
of Defense (as specified in Department of Defense Instruction num-
bered 5000.58 dated January 14, 1992) with the exception of person-
nel who possess technical competence in trade-skill maintenance
and repair positions involved in performing depot maintenance
functions.
SEC. 907. REPORT ON NUCLEAR POSTURE REVIEW AND ON PLANS
FOR NUCLEAR WEAPONS MANAGEMENT IN EVENT OF
ABOLITION OF DEPARTMENT OF ENERGY.
(a) REPORT REQUIRED.—The Secretary of Defense shall submit
to Congress a report concerning the nuclear weapons complex.
The report shall set forth—
(1) the Secretary’s views on the effectiveness of the Depart-
ment of Energy in managing the nuclear weapons complex,
including the fulfillment of the requirements for nuclear weap-
ons established for the Department of Energy in the Nuclear
Posture Review; and
H. R. 1530—223
(2) the Secretary’s recommended plan for the incorporation
into the Department of Defense of the national security pro-
grams of the Department of Energy if the Department of Energy
should be abolished and those programs be transferred to the
Department of Defense.
(b) DEFINITION.—For purposes of this section, the term ‘‘Nuclear
Posture Review’’ means the Department of Defense Nuclear Posture
Review as contained in the report entitled ‘‘Report of the Secretary
of Defense to the President and the Congress’’, dated February
19, 1995, or in subsequent such reports.
(c) SUBMISSION OF REPORT.—The report under subsection (a)
shall be submitted not later than March 15, 1996.
SEC. 908. REDESIGNATION 
OF 
ADVANCED 
RESEARCH 
PROJECTS
AGENCY.
(a) REDESIGNATION.—The agency in the Department of Defense
known as the Advanced Research Projects Agency shall after the
date of the enactment of this Act be designated as the Defense
Advanced Research Projects Agency.
(b) REFERENCES.—Any reference in any law, regulation, docu-
ment, record, or other paper of the United States or in any provision
of this Act to the Advanced Research Projects Agency shall be
considered to be a reference to the Defense Advanced Research
Projects Agency.
SEC. 909. NAVAL NUCLEAR PROPULSION PROGRAM.
(a) REPEAL
OF PROVISION GIVING PERMANENT STATUS
TO
EXECUTIVE ORDER.—Effective October 1, 1998, section 1634 of the
Department of Defense Authorization, 1985 (Public Law 98–525;
42 U.S.C. 7158 note), is repealed.
(b) NOTICE-AND-WAIT FOR CHANGES TO EXECUTIVE ORDER.—
An Executive order that includes a provision that after the effective
date of subsection (a) would amend, modify, or repeal Executive
order 12344 (42 U.S.C. 7158 note) may not be issued until 60
days after the date on which notice of the intent to issue an
Executive order containing such a provision (together with the
text of that provision) is submitted in writing to the congressional
defense committees.
Subtitle B—Financial Management
SEC. 911. TRANSFER AUTHORITY REGARDING FUNDS AVAILABLE FOR
FOREIGN CURRENCY FLUCTUATIONS.
(a) TRANSFERS TO MILITARY PERSONNEL ACCOUNTS AUTHOR-
IZED.—Section 2779 of title 10, United States Code, is amended
by adding at the end the following:
‘‘(c) TRANSFERS TO MILITARY PERSONNEL ACCOUNTS.—The Sec-
retary of Defense may transfer funds to military personnel appro-
priations for a fiscal year out of funds available to the Department
of Defense for that fiscal year under the appropriation ‘Foreign
Currency Fluctuations, Defense’.’’.
(b) REVISION AND CODIFICATION OF AUTHORITY FOR TRANSFERS
TO FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.—Section 2779 of
such title, as amended by subsection (a), is further amended by
adding at the end the following:
‘‘(d) 
TRANSFERS
TO
FOREIGN
CURRENCY
FLUCTUATIONS
ACCOUNT.—(1) The Secretary of Defense may transfer to the appro-
H. R. 1530—224
priation ‘Foreign Currency Fluctuations, Defense’ unobligated
amounts of funds appropriated for operation and maintenance and
unobligated amounts of funds appropriated for military personnel.
‘‘(2) Any transfer from an appropriation under paragraph (1)
shall be made not later than the end of the second fiscal year
following the fiscal year for which the appropriation is provided.
‘‘(3) Any transfer made pursuant to the authority provided
in this subsection shall be limited so that the amount in the
appropriation ‘Foreign Currency Fluctuations, Defense’ does not
exceed $970,000,000 at the time the transfer is made.’’.
(c) CONDITIONS OF AVAILABILITY FOR TRANSFERRED FUNDS.—
Section 2779 of such title, as amended by subsection (b), is further
amended by adding at the end the following:
‘‘(e) CONDITIONS OF AVAILABILITY FOR TRANSFERRED FUNDS.—
Amounts transferred under subsection (c) or (d) shall be merged
with and be available for the same purposes and for the same
period as the appropriations to which transferred.’’.
(d) REPEAL OF SUPERSEDED PROVISIONS.—(1) Section 767A of
Public Law 96–527 (94 Stat. 3093) is repealed.
(2) Section 791 of the Department of Defense Appropriation
Act, 1983 (enacted in section 101(c) of Public Law 97–377; 96
Stat. 1865) is repealed.
(e) TECHNICAL AMENDMENTS.—Section 2779 of title 10, United
States Code, is amended—
(1) in subsection (a), by striking out ‘‘(a)(1)’’ and inserting
in lieu thereof ‘‘(a) TRANSFERS BACK TO FOREIGN CURRENCY
FLUCTUATIONS APPROPRIATION.—(1)’’;
(2) in subsection (a)(2), by striking out ‘‘2d fiscal year’’
and inserting in lieu thereof ‘‘second fiscal year’’; and
(3) in subsection (b), by striking out ‘‘(b)(1)’’ and inserting
in lieu thereof ‘‘(b) FUNDING
FOR
LOSSES
IN
MILITARY
CONSTRUCTION AND FAMILY HOUSING.—(1)’’.
(f) EFFECTIVE DATE.—Subsections (c) and (d) of section 2779
of title 10, United States Code, as added by subsections (a) and
(b), and the repeals made by subsection (d), shall apply only with
respect to amounts appropriated for a fiscal year after fiscal year
1995.
SEC. 912. DEFENSE MODERNIZATION ACCOUNT.
(a) ESTABLISHMENT
AND USE.—(1) Chapter 131 of title 10,
United States Code, is amended by inserting after section 2215
the following new section:
‘‘§ 2216. Defense Modernization Account
‘‘(a) ESTABLISHMENT.—There is established in the Treasury an
account to be known as the ‘Defense Modernization Account’.
‘‘(b) TRANSFERS TO ACCOUNT.—(1)(A) Upon a determination by
the Secretary of a military department or the Secretary of Defense
with respect to Defense-wide appropriations accounts of the avail-
ability and source of funds described in subparagraph (B), that
Secretary may transfer to the Defense Modernization Account dur-
ing any fiscal year any amount of funds available to the Secretary
described in that subparagraph. Such funds may be transferred
to that account only after the Secretary concerned notifies the
congressional defense committees in writing of the amount and
source of the proposed transfer.