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partment of Defense under the terms and conditions
specified by 40 U.S.C. 485(h)(2) (A) and (B) and 10
U.S.C. 2667(d)(1)(B), to be merged with and to be avail-
able for the same time period and the same purposes as
the appropriation to which transferred.
SEC. 8046. During the current fiscal year, appro-
priations 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
government 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 fur-
ther, That if lodging in kind is provided, any authorized
service charge or cost of such lodging may be paid di-
rectly from funds appropriated for operation and mainte-
nance of the reserve component of the member concerned.
SEC. 8047. 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
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year for salaries and expenses related to administrative
activities of the Department of Defense, the military de-
partments, and the Defense Agencies.
SEC. 8048. Notwithstanding any other provision
of law, funds available for ‘‘Drug Interdiction and
Counter-Drug Activities, Defense’’ may be obligated for
the Young Marines program.
SEC. 8049. During the current fiscal year,
amounts contained in the Department of Defense Over-
seas Military Facility Investment Recovery Account es-
tablished by section 2921(c)(1) of the National Defense
Authorization Act 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. 8050. During the current fiscal year and
hereafter, annual payments granted under the provisions
of section 4416 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106
Stat. 2714) shall be made from appropriations in this
Act which are available for the pay of reserve component
personnel.
SEC. 8051. Of the funds appropriated or other-
wise made available by this Act, not more than
$119,200,000 shall be available for payment of the oper-
ating costs of NATO Headquarters: Provided, That the
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Secretary of Defense may waive this section for Depart-
ment of Defense support provided to NATO forces in and
around the former Yugoslavia.
SEC. 8052. During the current fiscal year, appro-
priations which are available to the Department of De-
fense for operation and maintenance may be used to pur-
chase items having an investment item unit cost of not
more than $100,000.
SEC. 8053. During the current fiscal year and
hereafter, appropriations available for the pay and allow-
ances of active duty members of the Armed Forces shall
be available to pay the retired pay which is payable pur-
suant to section 4403 of Public Law 102–484 (10 U.S.C.
1293 note) under the terms and conditions provided in
section 4403.
SEC. 8054. (a) During the current fiscal year,
none of the appropriations or funds available to the De-
fense Business Operations Fund shall be used for the
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current 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 De-
fense Business Operations Fund during fiscal year 1994
and if the purchase of such an investment item would be
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chargeable during the current fiscal year to appropria-
tions made to the Department of Defense for procure-
ment.
(b) The fiscal year 1998 budget request for the
Department of Defense as well as all justification mate-
rial and other documentation supporting the fiscal year
1998 Department of Defense budget shall be prepared
and submitted to the Congress on the basis that any
equipment which was classified as an end item and fund-
ed in a procurement appropriation contained in this Act
shall be budgeted for in a proposed fiscal year 1998 pro-
curement appropriation and not in the supply manage-
ment business area or any other area or category of the
Defense Business Operations Fund.
SEC. 8055. None of the funds provided in this Act
shall be available for use by a Military Department to
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 prohibi-
tion shall not apply to safety modifications: Provided fur-
ther, That this prohibition may be waived by the Sec-
retary of a Military Department if the Secretary deter-
mines it is in the best national security interest of the
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United States to provide such waiver and so notifies the
congressional defense committees in writing.
SEC. 8056. 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 Sep-
tember 30, 1998.
SEC. 8057. Notwithstanding any other provision
of law, funds made available in this Act for the Defense
Intelligence 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 Spec-
ified Commands, and the component commands.
SEC. 8058. (a) Notwithstanding any other provi-
sion of law, funds appropriated in this Act for the High
Performance Computing Modernization Program shall be
made available only for the acquisition, modernization
and sustainment of supercomputing capability and capac-
ity at Department of Defense (DoD) science and tech-
nology sites under the cognizance of the Director of De-
fense Research and Engineering and DoD test and eval-
uation facilities under the Director of Test and Evalua-
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tion, OUSD (A&T): Provided, That these funds shall be
awarded based on user-defined requirements.
(b) Of the funds appropriated in this Act under
the 
heading 
‘‘Procurement, 
Defense-Wide’’,
$124,735,000 shall be made available for the High Per-
formance Computing Modernization Program. Of the
total funds made available for the program pursuant to
this subsection, $20,000,000 shall be for the Army High
Performance Computing Research Center.
SEC. 8059. Of the funds appropriated by the De-
partment of Defense under the heading ‘‘Operation and
Maintenance, Defense-Wide’’, not less than $8,000,000
shall be made available only for the mitigation of environ-
mental impacts, including training and technical assist-
ance to tribes, related administrative support, the gather-
ing of information, documenting of environmental dam-
age, and developing a system for prioritization of mitiga-
tion, on Indian lands resulting from Department of De-
fense activities.
SEC. 8060. Amounts collected for the use of the
facilities of the National Science Center for Communica-
tions and Electronics during the current fiscal year pur-
suant to section 1459(g) of the Department of Defense
Authorization Act, 1986, and deposited to the special ac-
count established under subsection 1459(g)(2) of that
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Act are appropriated and shall be available until ex-
pended for the operation and maintenance of the Center
as provided for in subsection 1459(g)(2).
SEC. 8061. 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. 8062. (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,
complies with 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’’, ap-
proved March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a
person 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,
whether the person should be debarred from contracting
with the Department of Defense.
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(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, pur-
chase only American-made equipment and products, pro-
vided that American-made equipment and products are
cost-competitive, quality-competitive, and available in a
timely fashion.
SEC. 8063. None of the funds appropriated by
this Act shall be available for a contract for studies, anal-
ysis, or consulting services entered into without competi-
tion on the basis of an unsolicited proposal unless the
head of the activity responsible for the procurement de-
termines—
(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. 8064. Funds appropriated by this Act for in-
telligence activities are deemed to be specifically author-
ized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414).
SEC. 8065. Notwithstanding section 142 of H.R.
3230, the National Defense Authorization Act for Fiscal
Year 1997, as passed by the Senate on September 10,
1996, of the funds provided in title VI of this Act, under
the heading ‘‘Chemical Agents and Munitions Destruc-
tion, Defense’’, $40,000,000 shall only be available for
the conduct of a pilot program to identify and dem-
onstrate not less than two alternatives to the baseline in-
cineration process for the demilitarization of assembled
chemical munitions: Provided, That the Under Secretary
of Defense for Acquisition and Technology shall, not later
than December 1, 1996, designate a program manager
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who is not, nor has been, in direct or immediate control
of the baseline reverse assembly incineration demilitariza-
tion program to carry out the pilot program: Provided
further, That the Under Secretary of Defense for Acquisi-
tion and Technology shall evaluate the effectiveness of
each alternative chemical munitions demilitarization tech-
nology identified and demonstrated under the pilot pro-
gram to demilitarize munitions and assembled chemical
munitions while meeting all applicable Federal and State
environmental and safety requirements: Provided further,
That the Under Secretary of Defense for Acquisition and
Technology shall transmit, by December 15 of each year,
a report to the congressional defense committees on the
activities carried out under the pilot program during the
preceding fiscal year in which the report is to be made:
Provided further, That section 142(f)(3) of H.R. 3230,
the National Defense Authorization Act for Fiscal Year
1997, as passed by the Senate on September 10, 1996,
is repealed: Provided further, That no funds may be obli-
gated for the construction of a baseline incineration facil-
ity at the Lexington Blue Grass Army Depot or the
Pueblo Depot activity until 180 days after the Secretary
of Defense has submitted to the congressional defense
committees a report detailing the effectiveness of each al-
ternative chemical munitions demilitarization technology
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identified and demonstrated under the pilot program and
its ability to meet the applicable safety and environ-
mental requirements: Provided further, That none of the
funds in this or any other Act may be obligated for the
preparation of studies, assessments, or planning of the
removal and transportation of stockpile assembled uni-
tary chemical weapons or neutralized chemical agent to
any of the eight chemical weapons storage sites within
the continental United States.
SEC. 8066. (a) None of the funds made available
by this Act may be obligated for design, development, ac-
quisition, or operation of more than 47 Titan IV expend-
able launch vehicles, or for satellite mission-model plan-
ning for a Titan IV requirement beyond 47 vehicles.
(b) $59,600,000 made available in this Act for
Research, Development, Test and Evaluation, Air Force,
may only be obligated for development of a new family
of medium-lift and heavy-lift expendable launch vehicles
evolved from existing technologies.
SEC. 8067. None of the funds available to the De-
partment of Defense in this Act may be used to establish
additional field operating agencies of any element of the
Department during fiscal year 1997, except for field op-
erating agencies funded within the National Foreign In-
telligence Program: Provided, That the Secretary of De-
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fense may waive this section by certifying to the House
and Senate Committees on Appropriations that the cre-
ation of such field operating agencies will reduce either
the personnel and/or financial requirements of the De-
partment of Defense.
SEC. 8068. Notwithstanding section 303 of Public
Law 96–487 or any other provision of law, the Secretary
of the Navy is authorized to lease real and personal prop-
erty at Naval Air Facility, Adak, Alaska, pursuant to 10
U.S.C. 2667(f), for commercial, industrial or other pur-
poses.
SEC. 8069. Notwithstanding any other provision
of law, for resident classes entering the war colleges after
September 30, 1997, the Department of Defense shall re-
quire that not less than 20 percent of the total of United
States military students at each war college shall be from
military departments other than the hosting military de-
partment: Provided, That each military department will
recognize the attendance at a sister military department
war college as the equivalent of attendance at its own
war college for promotion and advancement of personnel.
(RESCISSIONS)
SEC. 8070. Of the funds provided in Department
of Defense Appropriations Acts, the following funds are
hereby rescinded from the following accounts in the speci-
fied amounts:
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‘‘Procurement of Ammunition, Army, 1995/
1997’’, $4,500,000;
‘‘Aircraft Procurement, Navy, 1995/1997’’,
$8,000,000;
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 1995/1997’’, $2,000,000;
‘‘Other 
Procurement, 
Navy, 
1995/1997’’,
$10,000,000;
‘‘Aircraft Procurement, Air Force, 1995/1997’’,
$3,100,000;
‘‘Missile Procurement, Air Force, 1995/1997’’,
$31,900,000;
‘‘Aircraft Procurement, Navy, 1996/1998’’,
$5,400,000;
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 1996/1998’’, $12,708,000;
‘‘Aircraft Procurement, Air Force, 1996/1998’’,
$9,000,000;
‘‘Missile Procurement, Air Force, 1996/1998’’,
$20,000,000;
‘‘Other Procurement, Air Force, 1996/1998’’,
$26,000,000;
‘‘Research, Development, Test and Evaluation,
Navy 1996/1997’’, $4,500,000.
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SEC. 8071. None of the funds provided in this Act
may be obligated for payment on new contracts on which
allowable costs charged to the government include pay-
ments for individual compensation at a rate in excess of
$250,000 per year.
SEC. 8072. Of the funds appropriated in the De-
partment of Defense Appropriations Act, 1996 (Public
Law 104–61), under the heading ‘‘Other Procurement,
Army’’, the Department of the Army shall grant
$477,000 to the Kansas Unified School District 207 for
the purpose of integrating schools at Fort Leavenworth
into the existing fiber optic network on post.
SEC. 8073. 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
imposed 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. 8074. None of the funds appropriated or
otherwise made available in this Act may be obligated or
expended for assistance to the Democratic People’s Re-
public of North Korea unless specifically appropriated for
that purpose.
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SEC. 8075. During the current fiscal year, funds
appropriated in this Act are available to compensate
members of the National Guard for duty performed pur-
suant 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 performance of such duty, the members of the Na-
tional Guard shall be under State command and control:
Provided further, 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. 8076. Funds appropriated in this Act for op-
eration and maintenance of the Military Departments,
Unified 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 Re-
serve when members of the National Guard and Reserve
provide intelligence support to Unified Commands, De-
fense Agencies and Joint Intelligence Activities, including
the activities and programs included within the General
Defense Intelligence Program and the Consolidated
Cryptologic Program: Provided, That nothing in this sec-
tion authorizes deviation from established Reserve and
National Guard personnel and training procedures.
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SEC. 8077. During the current fiscal year, none of
the funds appropriated in this Act may be used to reduce
the civilian medical and medical support personnel as-
signed to military treatment facilities below the Septem-
ber 30, 1996 level: Provided, That the Service Surgeons
General may waive this section by certifying to the con-
gressional defense committees that the beneficiary popu-
lation is declining in some catchment areas and civilian
strength reductions may be consistent with responsible
resource stewardship and capitation-based budgeting.
SEC. 8078. All refunds or other amounts collected
in the administration of the Civilian Health and Medical
Program of the Uniformed Services (CHAMPUS) shall
be credited to current year appropriations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8079. None of the funds appropriated in this
Act may be transferred to or obligated from the Penta-
gon Reservation Maintenance Revolving Fund, unless the
Secretary of Defense certifies that the total cost for the
planning, design, construction and installation of equip-
ment for the renovation of the Pentagon Reservation will
not exceed $1,118,000,000.
SEC. 8080. (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
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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 In-
telligence 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. 8081. Appropriations available in this Act
under the heading ‘‘Operation and Maintenance, Defense-
Wide’’ for increasing energy and water efficiency in Fed-
eral buildings may, during their period of availability, be
transferred to other appropriations or funds of the De-
partment of Defense for projects related to increasing en-
ergy and water efficiency, to be merged with and to be
available for the same general purposes, and for the same
time period, as the appropriation or fund to which trans-
ferred.
SEC. 8082. None of the funds appropriated by
this Act may be used for the procurement of ball and
roller bearings other than those produced by a domestic
source and of domestic origin: Provided, That the Sec-
retary 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 Ap-
propriations of the House of Representatives and the
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program financed by funds appropriated in this or any
other Act.
SEC. 8086. None of the funds appropriated by
this Act shall be available to lease or charter a vessel in
excess of seventeen months (inclusive of any option peri-
ods) to transport fuel or oil for the Department of De-
fense if the vessel was constructed after October 1, 1995
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: Pro-
vided, That this limitation shall not apply to contracts in
force on the date of enactment of this Act: Provided fur-
ther, That by 1997 at least 20 percent of annual leases
and charters must be for ships of double hull design con-
structed after October 1, 1995 if available in numbers
sufficient to satisfy this requirement: Provided further,
That the Military Sealift Command shall plan to achieve
the goal of eliminating single hull ship leases by the year
2015.
(TRANSFER OF FUNDS)
SEC. 8087. In addition to amounts appropriated
or otherwise made available by this Act, $300,000,000 is
hereby appropriated to the Department of Defense and
shall be available only for transfer to the United States
Coast Guard.
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SEC. 8088. Notwithstanding any other provision
in this Act, the total amount appropriated in this Act is
hereby reduced by $150,000,000 to reflect savings from
reduced carryover of activities funded through the De-
fense Business Operations Fund, to be distributed as fol-
lows: ‘‘Operation and Maintenance, Army’’, $60,000,000;
and ‘‘Operation and Maintenance, Navy’’, $90,000,000.
SEC. 8089. Notwithstanding any other provision
of law, each contract awarded by the Department of De-
fense during the current fiscal year for construction or
service performed in whole or in part in a State which
is not contiguous with another State and has an unem-
ployment rate in excess of the national average rate of
unemployment as determined by the Secretary of Labor,
shall include a provision requiring the contractor to em-
ploy, for the purpose of performing that portion of the
contract in such State that is not contiguous with an-
other State, individuals who are residents of such State
and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the
requirements of this section, on a case-by-case basis, in
the interest of national security.
SEC. 8090. During the current fiscal year, the
Army shall use the former George Air Force Base as the
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airhead for the National Training Center at Fort Irwin:
Provided, That none of the funds in this Act shall be obli-
gated or expended to transport Army personnel into Ed-
wards Air Force Base for training rotations at the Na-
tional Training Center.
SEC. 8091. (a) The Secretary of Defense shall
submit, on a quarterly basis, a report to the congres-
sional defense committees, the Committee on Inter-
national Relations 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 international sanctions, international peace-
keeping operations, and humanitarian missions under-
taken by the Department of Defense. The quarterly re-
port shall include an aggregate of all such Department
of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the
quarterly 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 in-
curred by the Department of Defense in implementing
and supporting United Nations activities.
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SEC. 8092 (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities
described in subsection (b) unless the congressional de-
fense committees, the Committee on International Rela-
tions of the House of Representatives, and the Committee
on Foreign Relations of the Senate are notified 15 days
in advance of such transfer.
(b) COVERED ACTIVITIES.—(1) This section ap-
plies to—
(A) any international peacekeeping or peace-en-
forcement operation under the authority of chapter
VI or chapter VII of the United Nations Charter
under the authority of a United Nations Security
Council resolution; and
(B) any other international peacekeeping,
peace-enforcement, or humanitarian assistance oper-
ation.
(c) REQUIRED NOTICE.—A notice under sub-
section (a) shall include the following:
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(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. 8093. To the extent authorized by sub-
chapter VI of Chapter 148 of title 10, United States
Code, the Secretary of Defense shall issue loan guaran-
tees in support of U.S. defense exports not otherwise pro-
vided for: Provided, That the total contingent liability of
the United States for guarantees issued under the au-
thority of this section may not exceed $15,000,000,000:
Provided further, That the exposure fees charged and col-
lected by the Secretary for each guarantee, shall be paid
by the country involved and shall not be financed as part
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of a loan guaranteed by the United States: Provided fur-
ther, That the Secretary shall provide quarterly reports to
the Committees on Appropriations, Armed Services and
Foreign Relations of the Senate and the Committees on
Appropriations, National Security and International Re-
lations in the House of Representatives on the implemen-
tation of this program: Provided further, That amounts
charged for administrative fees and deposited to the spe-
cial account provided for under section 2540c(d) of title
10, shall be available for paying the costs of administra-
tive expenses of the Department of Defense that are at-
tributable to the loan guarantee program under sub-
chapter VI of Chapter 148 of title 10.
SEC. 8094. 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. 8095. 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—
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(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor
to the employee; and
(2) such bonus is part of restructuring costs as-
sociated with a business combination.
SEC. 8096. The amount otherwise provided by
this Act for ‘‘Operation and Maintenance, Air Force’’ is
hereby reduced by $194,500,000, to reflect a reduction in
the pass-through to the Air Force business areas of the
Defense Business Operations Fund.
SEC. 8097. (a) None of the funds appropriated or
otherwise made available in this Act may be used to
transport or provide for the transportation of chemical
munitions or agents to the Johnston Atoll for the pur-
pose of storing or demilitarizing such munitions or
agents.
(b) The prohibition in subsection (a) shall not
apply to any obsolete World War II chemical munition or
agent of the United States found in the World War II
Pacific Theater of Operations.
(c) The President may suspend the application of
subsection (a) during a period of war in which the United
States is a party.
SEC. 8098. None of the funds provided in title II
of this Act for ‘‘Former Soviet Union Threat Reduction’’
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may be obligated or expended to finance housing for any
individual who was a member of the military forces of the
Soviet Union or for any individual who is or was a mem-
ber of the military forces of the Russian Federation.
SEC. 8099. During the current fiscal year, no
more than $15,000,000 of appropriations made in this
Act under the heading ‘‘Operation and Maintenance, De-
fense-Wide’’ may be transferred to appropriations avail-
able for the pay of military personnel, to be merged with,
and to be available for the same time period as the ap-
propriations to which transferred, to be used in support
of such personnel in connection with support and services
for eligible organizations and activities outside the De-
partment of Defense pursuant to section 2012 of title 10,
United States Code.
SEC. 8100. Beginning in fiscal year 1997 and
thereafter, and notwithstanding any other provision of
law, fixed and mobile telecommunications support shall
be provided by the White House Communications Agency
(WHCA) to the United States Secret Service (USSS),
without reimbursement, in connection with the Secret
Service’s duties directly related to the protection of the
President or the Vice President or other officer imme-
diately next in order of succession to the office of the
President at the White House Security Complex in the
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Washington, D.C. Metropolitan Area and Camp David,
Maryland. For these purposes, the White House Security
Complex includes the White House, the White House
grounds, the Old Executive Office Building, the New Ex-
ecutive Office Building, the Blair House, the Treasury
Building, and the Vice President’s Residence at the
Naval Observatory.
SEC. 8101. None of the funds provided in this Act
may be obligated or expended for the sale of zinc in the
National Defense Stockpile if zinc commodity prices de-
cline more than five percent below the London Metals
Exchange market price reported on the date of enact-
ment of this Act.
SEC. 8102. For purposes of section 1553(b) of
title 31, United States Code, any subdivision of appro-
priations made in this Act under the heading ‘‘Shipbuild-
ing and Conversion, Navy’’ shall be considered to be for
the same purpose as any subdivision under the heading
‘‘Shipbuilding and Conversion, Navy’’ appropriations in
any prior year, and the one percent limitation shall apply
to the total amount of the appropriation.
SEC. 8103. During the current fiscal year, and
notwithstanding 31 U.S.C. 1552(a), not more than
$107,000,000 appropriated under the heading ‘‘Aircraft
Procurement, Air Force’’ in Public Law 101–511 and not
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more than $15,000,000 appropriated under the heading
‘‘Aircraft Procurement, Air Force’’ in Public Law 102–
172 which were available and obligated for the B–2 Air-
craft Program shall remain available for expenditure and
for adjusting obligations for such Program until Septem-
ber 30, 2002.
SEC. 8104. 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 balance, 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 avail-
ability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation
of the Department of Defense under the provisions
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of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall
be reversed and recorded against the expired ac-
count: Provided further, That the total amount
charged to a current appropriation under this sec-
tion may not exceed an amount equal to one percent
of the total appropriation for that account.
(TRANSFER OF FUNDS)
SEC. 8105. Upon enactment of this Act, the Sec-
retary of Defense shall make the following transfers of
funds: Provided, That the amounts transferred shall be
available for the same purposes as the appropriations to
which transferred, and for the same time period as the
appropriation from which transferred: Provided further,
That the amounts shall be transferred between the fol-
lowing appropriations in the amount specified:
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1985/1995’’:
CG–47 cruiser program, $4,300,000;
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For craft, outfitting, and post delivery,
$2,000,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1985/1995’’:
DDG–51 destroyer program, $6,300,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1986/1996’’:
LHD–1 amphibious assault ship program,
$2,154,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1986/1996’’:
For craft, outfitting and post delivery,
$2,154,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1987/1996’’:
T–AO fleet oiler program, $1,095,000;
Oceanographic ship program, $735,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1987/1996’’:
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For craft, outfitting, and post delivery,
$1,830,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1989/2000’’:
T–AO fleet oiler program, $6,571,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1989/2000’’:
SSN–21 
attack 
submarine 
program,
$6,571,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1991/2001’’:
DDG–51 destroyer program, $12,687,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1991/2001’’:
LHD–1 amphibious assault ship program,
$9,387,000;
MHC 
coastal 
mine 
hunter 
program,
$3,300,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1992/1996’’:
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For escalation, $1,600,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1992/1996’’:
MHC 
coastal 
mine 
hunter 
program,
$1,600,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1993/1997’’:
DDG–51 destroyer program, $5,000,000;
LSD–41 
cargo 
variant 
ship 
program,
$2,700,000;
For craft, outfitting, post delivery, and first
destination transportation, and inflation adjust-
ment, $1,577,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1993/1997’’:
AOE 
combat 
support 
ship 
program,
$9,277,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1995/1999’’:
Carrier 
replacement 
program,
$18,023,000;
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To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1993/1997’’:
MHC 
coastal 
mine 
hunter 
program,
$6,700,000;
AOE 
combat 
support 
ship 
program,
$11,323,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1994/1998’’:
LHD–1 amphibious assault ship program,
$4,100,000;
Mine warfare command and control ship,
$1,000,000;
For craft, outfitting, post delivery, and
first destination transportation, $2,000,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1995/1999’’:
Carrier replacement program, $9,477,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1996/2000’’:
NSSN–1 (AP), $3,791,000;
DDG–51 destroyer program, $4,075,000;
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CVN Refuelings, $5,212,000;
LHD–1 
amphibious 
ship 
program,
$16,800,000;
T–AGS–64 multi-purpose oceanographic
survey ship, $375,000;
For craft, outfitting, post delivery, conver-
sions and first destination transportation,
$11,770,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1994/1998’’:
DDG–51 destroyer program, $41,800,000;
and
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1995/1999’’:
For craft, outfitting, post delivery, conver-
sions and first destination transportation,
$16,800,000.
SEC. 8106. (a) The Secretary of Defense shall re-
quire not later than June 30, 1997, each disbursement
by the Department of Defense in an amount in excess of
$3,000,000 be matched to a particular obligation before
the disbursement is made.
(b) The Secretary shall ensure that a disburse-
ment in excess of the threshold amount applicable under
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section (a) is not divided into multiple disbursements of
less than that amount for the purpose of avoiding the ap-
plicability of such section to that disbursement.
SEC. 8107. Notwithstanding any other provision
of law, the Air Force shall not introduce any new sup-
plier for the remaining production units for the AN/
ALE–47 Countermeasures Dispenser System without
conducting a full and open competition that will include,
but not be limited to, small businesses.
SEC. 8108. The Under Secretary of Defense
(Comptroller) shall submit to the congressional defense
committees a detailed report identifying, by amount and
by separate budget activity, activity group, subactivity
group, line item, program element, program, project, sub-
project, and activity, any activity for which the fiscal year
1998 budget request was reduced because Congress ap-
propriated funds above the President’s budget request for
that specific activity for fiscal year 1997.
SEC. 8109. In applying section 9005 of the De-
partment of Defense Appropriations Act, 1993, Public
Law 102–396 (10 U.S.C. 2241 note), during the current
fiscal year and thereafter—
(1) the term ‘‘synthetic fabric and coated syn-
thetic fabric’’ shall be deemed to include all textile
fibers and yarns that are for use in such fabrics; and
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(2) such section shall be treated, notwithstand-
ing section 34 of Public Law 93–400 (41 U.S.C.
430), as being applicable to contracts and sub-
contracts for the procurement of commercial items
that are articles or items, specialty metals, or tools
covered by that section 9005.
SEC. 8110. Notwithstanding any other provision
of law, including Section 2304(j) of title 10, United
States Code, of the funds appropriated under the heading
‘‘Aircraft Procurement, Navy’’ in Public Law 104–61,
$45,000,000 shall be made available only for acquisition
of T–39N aircraft, associated ground-based training sys-
tem (GBTS), service life extension related components
and parts, associated equipment, and data that meet the
Undergraduate Flight Officer (UNFO) training require-
ments by procurement of the T–39N aircraft currently
being used by the Navy for UNFO training under a serv-
ices contract.
SEC. 8111. TRADEOFF STUDY OF CURRENT AND
FUTURE DEEP-STRIKE CAPABILITIES.—
(1) The Secretary of Defense shall carry out
the deep-strike tradeoff study announced by the
President to study tradeoffs between bombers, land
and sea-based tactical aircraft, and missiles capable
of striking targets in an enemy’s rear area.
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(2) The Secretary of Defense shall establish an
ad hoc review committee under the auspices of the
Defense Science Board to establish the methodologi-
cal approach to the tradeoff study, to establish a
broad range of stressing scenarios of interest, and to
review assumptions regarding the analysis to be con-
ducted.
(3) The ad hoc review committee to be estab-
lished under paragraph (2) shall include among its
members analysts who have performed or partici-
pated in bomber tradeoff analysis, retired military
personnel with broad experience in recent conven-
tional warfare operations, and experts on the logis-
tics of both initial deployment and sustaining sup-
port. These members shall be selected without re-
gard for current service on the Defense Science
Board.
(4) After submitting its recommendations for
the conduct of the deep-strike tradeoff study to the
Secretary of Defense, the ad hoc review committee
shall continue to meet regularly to review prelimi-
nary results of the analysis and to recommend addi-
tional variations in assumptions that may be re-
quired to illuminate particular force tradeoff issues.
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SEC. 8112. Notwithstanding 31 U.S.C. 1552(a),
of the funds provided in Department of Defense Appro-
priations Acts, not more than the specified amounts of
funds from the following accounts shall remain available
for the payment of satellite on-orbit incentive fees until
the fees are paid:
‘‘Missile Procurement, Air Force, 1990/1992’’,
$17,800,000;
‘‘Missile Procurement, Air Force, 1991/1993’’,
$19,330,000;
‘‘Missile Procurement, Air Force, 1992/1994’’,
$23,570,000;
‘‘Missile Procurement, Air Force, 1993/1995’’,
$16,780,000;
‘‘Missile Procurement, Air Force, 1994/1996’’,
$16,780,000.
SEC. 8113. TACTICAL AIRCRAFT REQUIREMENT
STUDY.—The Secretary of Defense and the Chairman of
the Joint Chiefs of Staff shall carry out a joint study
under the direct supervision of the Joint Requirements
Oversight Council (JROC) assessing future tactical air-
craft requirements across service jurisdictions. This study
shall determine the best and most affordable mix of
weapon systems to carry out different mission areas and
shall include recommendations for changes to the planned
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numbers and types of tactical aircraft to be developed
and procured over the next ten years if appropriate. Such
report shall be submitted to the congressional defense
committees no later than March 30, 1997.
SEC. 8114. None of the funds available to the De-
partment of the Navy may be used to enter into any con-
tract for the overhaul, repair, or maintenance of any
naval vessel homeported on the West Coast of the United
States which includes charges for interport differential as
an evaluation factor for award.
SEC. 8115. (a) None of the funds available to the
Department of Defense under this Act may be obligated
or expended to reimburse a defense contractor for re-
structuring costs associated with a business combination
of the defense contractor that occurs after the date of en-
actment of this Act unless:
(1) the auditable savings for the Department of
Defense resulting from the restructuring will exceed
the costs allowed by a factor of at least two to one,
or
(2) the savings for the Department of Defense
resulting from the restructuring will exceed the costs
allowed and the Secretary of Defense determines
that the business combination will result in the pres-
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ervation of a critical capability that might otherwise
be lost to the Department, and
(3) the report required by Section 818(e) of
Public Law 103–337 to be submitted to Congress in
1996 is submitted.
(b) Not later than April 1, 1997, the Comptroller
General shall, in consultation with the Inspector General
of the Department of Defense, the Secretary of Defense,
and the Secretary of Labor, submit to Congress a report
which shall include the following:
(1) an analysis and breakdown of the restruc-
turing costs paid by or submitted to the Department
of Defense to companies involved in business com-
binations since 1993;
(2) an analysis of the specific costs associated
with workforce reductions;
(3) an analysis of the services provided to the
workers affected by business combinations;
(4) an analysis of the effectiveness of the re-
structuring costs used to assist laid off workers in
gaining employment;
(5) in accordance with section 818 of Public
Law 103–337, an analysis of the savings reached
from the business combination relative to the re-
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structuring costs paid by the Department of De-
fense.
(c) The report should set forth recommendations
to make this program more effective for workers affected
by business combinations and more efficient in terms of
the use of Federal dollars.
SEC. 8116. Notwithstanding any other provision
of law, none of the funds appropriated in this Act may
be used to purchase, install, replace, or otherwise repair
any lock on a safe or security container which protects
information critical to national security or any other clas-
sified materials and which has not been certified as pass-
ing the security lock specifications contained in regula-
tion FF–L–2740 dated October 12, 1989, and has not
passed all testing criteria and procedures established
through February 28, 1992: Provided, That the Director
of Central Intelligence may waive this provision, on a
case-by-case basis only, upon certification that the above
cited locks are not adequate for the protection of sen-
sitive intelligence information.
SEC. 8117. Section 8110 of Public Law 104–61
(109 Stat. 674) is hereby repealed.
SEC. 8118. The Secretary of Defense, in conjunc-
tion with the Secretary of Labor, shall take such steps
as required to ensure that those Department of Defense
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contractors and other entities subject to section 4212(d)
of title 38, United States Code are aware of, and in com-
pliance with, the requirements of that section regarding
submission of an annual report to the Secretary of Labor
concerning employment of certain veterans: Provided,
That the Secretary of Defense shall ensure that those
Department of Defense contractors and other entities
subject to section 4212(d) of title 38, United States Code
which have contracts with the Department of Defense are
notified of the potential penalties associated with failure
to comply with these annual reporting requirements (in-
cluding potential suspension or debarment from federal
contracting): Provided further, That within 180 days of
enactment of this Act the Secretary of Labor and the
Secretary of Defense shall submit a report to Congress
which—
(1) using the most recent reporting data, de-
tails the number of reports received from Depart-
ment of Defense contractors and the estimated num-
ber of Department of Defense contractors which are
not in compliance with these annual reporting re-
quirements;
(2) describes the steps taken by the Depart-
ments of Labor and Defense in order to ensure com-
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pliance with section 4212(d) of title 38, United
States Code;
(3) describes any additional measures taken or
planned to be taken by the Departments of Labor
and Defense to improve compliance with section
4212(d) of title 38, United States Code pursuant to
this section; and
(4) any further recommendations regarding ad-
ditional action (including changes in existing law)
which may be necessary to improve compliance with
section 4212(d) of title 38, United States Code.
SEC. 8119. Funds appropriated in title II of this
Act for supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable
order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and ad-
ministration costs includes all in-house Government cost.
SEC. 8120. (a) LIMITATION ON ADVANCE BILL-
ING.—During fiscal year 1997, advance billing for serv-
ices provided or work performed by the Defense Business
Operations Fund activities of the Department of the
Navy in excess of $1,000,000,000 is prohibited.
(b) 
REVISED
RATES; 
ADDITIONAL
SUR-
CHARGES.—In conjunction with the Under Secretary of
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Defense (Comptroller), the Secretary of the Navy shall
develop a plan to revise fiscal year 1997 customer rates
or establish additional surcharges so as to increase reve-
nues to the Defense Business Operations Fund by at
least an additional $500,000,000 in executing orders ac-
cepted during fiscal year 1997.
(c) TRANSFER AUTHORITY.—To the extent nec-
essary to comply with any rate increase or new surcharge
on rates in fiscal year 1997 established under subsection
(b), the Secretary of the Navy shall transfer at least
$500,000,000, from funds made available under sub-
section (d), into customer accounts of the Navy used to
reimburse the Defense Business Operations Fund so as
to provide customers with sufficient resources to pay the
increased customer rates and additional surcharges. The
transfer authority provided by this subsection is in addi-
tion to other transfer authority provided in this Act. The
funds transferred shall be merged with and available for
the same purposes, and for the same time period, as the
appropriation to which transferred.
(d) SOURCE OF FUNDS.—To provide funds for
transfer under subsection (c), the amounts appropriated
elsewhere in this Act for the following appropriation ac-
counts are reduced by 2.0 percent: Aircraft Procurement,
Navy; Weapons Procurement, Navy; Procurement of Am-
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(k) Of the funds made available under this head-
ing, not less than $225,000,000 shall be made available
for Ukraine, of which funds not less than $25,000,000
shall be made available to carry out United States decom-
missioning obligations regarding the Chornobyl plant
made in the Memorandum of Understanding between the
Government of Ukraine and the G–7 Group: Provided,
That not less than $35,000,000 shall be made available
for agricultural projects, including those undertaken
through the Food Systems Restructuring Program, which
leverage private sector resources with United States Gov-
ernment assistance: Provided further, That $5,000,000
shall be available for a small business incubator project:
Provided further, That $5,000,000 shall be made avail-
able for screening and treatment of childhood mental and
physical illnesses related to Chornobyl radiation: Provided
further, That $5,000,000 shall be available only for a
land and resource management institute to identify nu-
clear contamination at Chornobyl: Provided further, That
$15,000,000 shall be available for the legal restructuring
necessary to support a decentralized market-oriented eco-
nomic system, including enactment of necessary sub-
stantive commercial law, implementation of reforms nec-
essary to establish an independent judiciary and bar,
legal education for judges, attorneys, and law students,