H. R. 83—135 
SEC. 8044. Of the amounts appropriated for ‘‘Working Capital 
Fund, Army’’, $225,000,000 shall be available to maintain competi-
tive rates at the arsenals. 
SEC. 8045. (a) None of the funds available to the Department 
of Defense for any fiscal year for drug interdiction or counter- 
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law. 
(b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency 
of the United States except as specifically provided in an appropria-
tions law. 
SEC. 8046. 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: Pro-
vided, That the Secretary of the military department responsible 
for such procurement 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 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: Provided further, That this restriction shall not apply to 
the purchase of ‘‘commercial items’’, as defined by section 4(12) 
of the Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items. 
SEC. 8047. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $44,000,000 is hereby appro-
priated to the Department of Defense: Provided, That upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, the Secretary shall make grants in the amounts 
specified as follows: $20,000,000 to the United Service Organizations 
and $24,000,000 to the Red Cross. 
SEC. 8048. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense 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 available from United States manufacturers. 
SEC. 8049. Notwithstanding any other provision in this Act, 
the Small Business Innovation Research program and the Small 
Business Technology Transfer program set-asides shall be taken 
proportionally from all programs, projects, or activities to the extent 
they contribute to the extramural budget. 
SEC. 8050. (a) Notwithstanding any other provision of law, 
none of the funds available to the Department of Defense for the 
current fiscal year and hereafter 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 congres-
sional defense committees, the Committee on Foreign Affairs of 
the House of Representatives, and the Committee on Foreign Rela-
tions of the Senate are notified 15 days in advance of such transfer. 
(b) This section applies to—
H. R. 83—136 
(1) any international peacekeeping or peace-enforcement 
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 
(2) any other international peacekeeping, peace-enforce-
ment, or humanitarian assistance operation. 
(c) 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 equipment 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 
transferred have been met; and 
(B) a statement of whether the items proposed to be 
transferred will have to be replaced and, if so, how the 
President proposes to provide funds for such replacement. 
SEC. 8051. None of the funds available to the Department 
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 associated 
with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8052. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 
to appropriations available for the pay of military personnel, to 
be merged with, and to be available for the same time period 
as the appropriations to which transferred, to be used in support 
of such personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8053. 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 expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation 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 availability or closing of that account; 
(2) the obligation is not otherwise properly chargeable to 
any current appropriation account of the Department of 
Defense; and
H. R. 83—137 
(3) in the case of an expired account, the obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 1405(b)(8) of the 
National Defense Authorization Act for Fiscal Year 1991, Public 
Law 101–510, as amended (31 U.S.C. 1551 note): Provided, 
That in the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a negative 
unliquidated or unexpended balance in the account, any charge 
to a current account under the authority of this section shall 
be reversed and recorded against the expired account: Provided 
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to 
1 percent of the total appropriation for that account. 
SEC. 8054. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the National Guard Bureau shall establish the amount 
of reimbursement for such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be credited 
to funds available for the National Guard Distance Learning Project 
and be available to defray the costs associated with the use of 
equipment of the project under that subsection. Such funds shall 
be available for such purposes without fiscal year limitation. 
SEC. 8055. Using funds made available by this Act or any 
other Act, the Secretary of the Air Force, pursuant to a determina-
tion under section 2690 of title 10, United States Code, may imple-
ment cost-effective agreements for required heating facility mod-
ernization in the Kaiserslautern Military Community in the Federal 
Republic of Germany: Provided, That in the City of Kaiserslautern 
and at the Rhine Ordnance Barracks area, such agreements will 
include the use of United States anthracite as the base load energy 
for municipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional Medical 
Center and Ramstein Air Base, furnished heat may be obtained 
from private, regional or municipal services, if provisions are 
included for the consideration of United States coal as an energy 
source. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8056. Of the funds appropriated in this Act under the 
heading ‘‘Operation and Maintenance, Defense-wide’’, $25,000,000 
shall be for continued implementation and expansion of the Sexual 
Assault Special Victims’ Counsel Program, and $5,709,000 shall 
be for support of high priority Sexual Assault Prevention and 
Response Program requirements and activities, including the 
training and funding of personnel: Provided, That the funds are 
made available for transfer to the Department of the Army, the 
Department of the Navy, and the Department of the Air Force: 
Provided further, That funds transferred shall be merged with 
and available for the same purposes and for the same time period 
as the appropriations to which the funds are transferred: Provided 
further, That this transfer authority is in addition to any other 
transfer authority provided in this Act. 
SEC. 8057. None of the funds appropriated in title IV of this 
Act may be used to procure end-items for delivery to military
H. R. 83—138 
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction does not apply to end-items 
used in development, prototyping, and test activities preceding and 
leading to acceptance for operational use: Provided further, That 
this restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the Secretary 
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 it is in the national 
security interest to do so. 
SEC. 8058. (a) The Secretary of Defense may, on a case-by- 
case basis, waive with respect to a foreign country each limitation 
on the procurement of defense items from foreign sources provided 
in law if the Secretary determines that the application of the 
limitation with respect to that country would invalidate cooperative 
programs entered into between the Department of Defense and 
the foreign country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under section 
2531 of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items produced 
in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or after 
the date of the enactment of this Act; and 
(2) options for the procurement of items that are exercised 
after such date under contracts that are entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a waiver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 
50–65) of the Harmonized Tariff Schedule and products classified 
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8059. (a) IN GENERAL.—(1) None of the funds made avail-
able by this Act may be used for any training, equipment, or 
other assistance for a unit of a foreign security force if the Secretary 
of Defense has credible information that the unit has committed 
a gross violation of human rights. 
(2) The Secretary of Defense, in consultation with the Sec-
retary of State, shall ensure that prior to a decision to provide 
any training, equipment, or other assistance to a unit of a 
foreign security force full consideration is given to any credible 
information available to the Department of State relating to 
human rights violations by such unit. 
(b) EXCEPTION.—The prohibition in subsection (a)(1) shall not 
apply if the Secretary of Defense, after consultation with the Sec-
retary of State, determines that the government of such country 
has taken all necessary corrective steps, or if the equipment or 
other assistance is necessary to assist in disaster relief operations 
or other humanitarian or national security emergencies. 
(c) WAIVER.—The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in subsection 
(a)(1) if the Secretary of Defense determines that such waiver 
is required by extraordinary circumstances.