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SEC. 8050. (a) During the current fiscal year, none
of the appropriations or funds available to the Defense
Business Operations Fund shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the cur-
rent fiscal year or a subsequent fiscal year to customers of
the Defense Business Operations Fund if such an item
would not have been chargeable to the Defense Business Op-
erations Fund during fiscal year 1994 and if the purchase
of such an investment item would be chargeable during the
current fiscal year to appropriations made to the Depart-
ment of Defense for procurement.
(b) The fiscal year 1998 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 1998 De-
partment 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 funded in a procurement ap-
propriation contained in this Act shall be budgeted for in
a proposed fiscal year 1998 procurement appropriation and
not in the supply management business area or any other
area or category of the Defense Business Operations Fund.
SEC. 8051. 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 equipment, that
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the Military Department concerned plans to retire or other-
wise dispose of within five years after completion of the
modification: Provided, That this prohibition shall not
apply to safety modifications: Provided further, That this
prohibition may be waived by the Secretary of a Military
Department if the Secretary determines it is in the best na-
tional security interest of the United States to provide such
waiver and so notifies the congressional defense committees
in writing.
SEC. 8052. None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30,
1998.
SEC. 8053. Notwithstanding any other provision of
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands,
and the component commands.
SEC. 8054. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $8,000,000 shall be
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made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation, on In-
dian lands resulting from Department of Defense activities.
SEC. 8055. Amounts collected for the use of the facili-
ties of the National Science Center for Communications and
Electronics during the current fiscal year pursuant to sec-
tion 1459(g) of the Department of Defense Authorization
Act, 1986 and deposited to the special account established
under subsection 1459(g)(2) of that Act are appropriated
and shall be available until expended for the operation and
maintenance of the Center as provided for in subsection
1459(g)(2).
SEC. 8056. None of the funds appropriated in this Act
may be used to fill the commander’s position at any mili-
tary medical facility with a health care professional unless
the prospective candidate can demonstrate professional ad-
ministrative skills.
SEC. 8057. 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 the
Buy American Act. For purposes of this subsection, the term
‘‘Buy American Act’’ means title III of the Act entitled ‘‘An
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Act making appropriations for the Treasury and Post Of-
fice Departments for the fiscal year ending June 30, 1934,
and for other purposes’’, approved March 3, 1933 (41
U.S.C. 10a et seq.).
SEC. 8058. None of the funds appropriated by this Act
shall be available for a contract for studies, analyses, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines—
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work, or
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific
or technological promise, represents the product of
original thinking, and was submitted in confidence
by one source, or
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new
product or idea of a specific concern is given finan-
cial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to im-
provements of equipment that is in development or produc-
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tion, or contracts as to which a civilian official of the De-
partment of Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the interest
of the national defense.
SEC. 8059. Of the funds provided in title VI, under
the heading ‘‘Chemical Agents and Munitions Destruction,
Defense’’, $40,000,000 shall only be available for the initi-
ation of a pilot program to identify and demonstrate not
less than two alternatives to the baseline incineration proc-
ess for the demilitarization of assembled chemical muni-
tions: Provided, That the Under Secretary of Defense for
Acquisition and Technology shall, not later than November
1, 1996, designate a program executive officer to carry out
the pilot program who is not, nor has been, in direct or
immediate control of the baseline reverse assembly inciner-
ation demilitarization program: Provided further, That the
Under Secretary of Defense for Acquisition and Technology
shall evaluate the effectiveness of each alternative chemical
munitions demilitarization technology identified and dem-
onstrated under the pilot program to demilitarize 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
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the activities carried out under the pilot program during
the preceding fiscal year in which the report is to be made:
Provided further, That no funds may be obligated for the
initiation of construction of a baseline incineration facility
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 re-
port detailing the effectiveness of each alternative chemical
munitions demilitarization technology identified and dem-
onstrated under the pilot program and its ability to meet
the applicable safety and environmental requirements.
SEC. 8060. Notwithstanding any other provision of
law, the Secretary of Defense may, when he considers it in
the best interest of the United States, cancel any part of
an indebtedness, up to $2,500, that is or was owed to the
United States by a member or former member of a uni-
formed service if such indebtedness, as determined by the
Secretary, was incurred in connection with Operation
Desert Shield/Storm: Provided, That the amount of an in-
debtedness previously paid by a member or former member
and canceled under this section shall be refunded to the
member.
SEC. 8061. Notwithstanding any other provision of
law, the Department of Defense is authorized to enter into
interim leasing arrangements for the Naval Air Facility,
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Adak, for commercial reutilization of Department of De-
fense infrastructure and facilities consistent with the 1990
Defense Base Closure and Realignment Commission Act of
1990 (Public Law 101–510, as amended).
(RESCISSIONS)
SEC. 8062. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts in the specified
amounts:
‘‘Missile Procurement, Air Force, 1995/1997’’,
$31,900,000;
‘‘Missile Procurement, Air Force, 1996/1998’’,
$20,000,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1996/1997’’, $75,000,000.
SEC. 8063. Of the funds appropriated in the Depart-
ment 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 inte-
grating schools at Fort Leavenworth into the existing fiber
optic network on post.
SEC. 8064. None of the funds available in this Act may
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for
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the purpose of applying any administratively imposed ci-
vilian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure.
SEC. 8065. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8066. During the current fiscal year, funds ap-
propriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a
plan submitted by a Governor of a State and approved by
the Secretary of Defense under section 112 of title 32, Unit-
ed States Code: Provided, That during the performance of
such duty, the members of the National 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. 8067. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Uni-
fied and Specified Commands and Defense Agencies shall
be available for reimbursement of pay, allowances and other
expenses which would otherwise be incurred against appro-
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priations for the National Guard and Reserve when mem-
bers of the National Guard and Reserve provide intelligence
support to Unified Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and pro-
grams included within the General Defense Intelligence
Program and the Consolidated Cryptologic Program: Pro-
vided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
SEC. 8068. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 1996
level.
SEC. 8069. All refunds or other amounts collected in
the administration of the Civilian Health and Medical Pro-
gram of the Uniformed Services (CHAMPUS) shall be cred-
ited to current year appropriations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8070. None of the funds appropriated in this Act
may be transferred to or obligated from the Pentagon Res-
ervation Maintenance Revolving Fund, unless the Secretary
of Defense certifies that the total cost for the planning, de-
sign, construction and installation of equipment for the ren-
ovation of the Pentagon Reservation will not exceed
$1,118,000,000.
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SEC. 8071. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion 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 Intel-
ligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8072. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal build-
ings may, during its period of availability, be transferred
to other appropriations or funds of the Department of De-
fense for projects related to increasing energy and water ef-
ficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the ap-
propriation or fund to which transferred.
SEC. 8073. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa: Provided, That notwithstanding any other
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provision of law, funds available to the Department of De-
fense shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable
basis, to the Indian Health Service when it is in conjunc-
tion with a civil-military project.
SEC. 8074. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eligi-
ble to participate in any manufacturing extension program
financed by funds appropriated in this or any other Act.
(TRANSFER OF FUNDS)
SEC. 8075. In addition to amounts appropriated or
otherwise made available by this Act, $300,000,000 is here-
by appropriated to the Department of Defense and shall be
available only for transfer to the United States Coast
Guard.
SEC. 8076. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
during the current fiscal year for construction or service
performed in whole or in part in a State which is not con-
tiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment as
determined by the Secretary of Labor, shall include a provi-
sion requiring the contractor to employ, for the purpose of
performing that portion of the contract in such State that
is not contiguous with another State, individuals who are
residents of such State and who, in the case of any craft
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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. 8077. Notwithstanding any other provision of
law, within the funds available in this Act, the Secretary
of the Air Force may enter into agreements to modify leases
of housing units being constructed if deemed to be in the
best interest of the Department. The housing units shall be
assigned, without rental charge, as family housing to mem-
bers of the Armed Forces who are eligible for assignment
to military family housing.
SEC. 8078. (a) The Secretary of Defense shall submit,
on a quarterly basis, a report to the congressional defense
committees, the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate setting forth all costs (including in-
cremental costs) incurred by the Department of Defense
during the preceding quarter in implementing or support-
ing resolutions of the United Nations Security Council, in-
cluding any such resolution calling for international sanc-
tions, international peacekeeping operations, and humani-
tarian missions undertaken by the Department of Defense.
The quarterly report shall include an aggregate of all such
Department of Defense costs by operation or mission.
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(b) The Secretary of Defense shall detail in the quar-
terly reports all efforts made to seek credit against past
United Nations expenditures and all efforts made to seek
compensation from the United Nations for costs incurred
by the Department of Defense in implementing and sup-
porting United Nations activities.
SEC. 8079. To the extent authorized by subchapter VI
of Chapter 148 of title 10, United States Code, the Secretary
of Defense shall issue loan guarantees in support of U.S.
defense exports not otherwise provided for: Provided, That
the total contingent liability of the United States for guar-
antees issued under the authority of this section may not
exceed $15,000,000,000: Provided further, That the exposure
fees charged and collected by the Secretary for each guaran-
tee, shall be paid by the country involved and shall not be
financed as part of a loan guaranteed by the United States:
Provided further, That the Secretary shall provide quarterly
reports to the Committees on Appropriations, Armed Serv-
ices and Foreign Relations of the Senate and the Commit-
tees on Appropriations, National Security and Inter-
national Relations in the House of Representatives on the
implementation of this program: Provided further, That
amounts charged for administrative fees and deposited to
the special account provided for under section 2540c(d) of
title 10, shall be available for paying the costs of adminis-
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trative expenses of the Department of Defense that are at-
tributable to the loan guarantee program under subchapter
VI of Chapter 148 of title 10.
SEC. 8080. None of the funds available to the Depart-
ment 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 pursu-
ant to assessment or a voluntary contribution) or for pay-
ment of any United States arrearage to the United Nations.
SEC. 8081. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment 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 ex-
cess of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
SEC. 8082. (a) None of the funds appropriated or oth-
erwise 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 purpose of storing or
demilitarizing such munitions or agents.
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(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 sub-
section (a) during a period of war in which the United
States is a party.
SEC. 8083. During the current fiscal year, appropria-
tions made in this Act under the heading ‘‘Operation and
Maintenance, Defense-Wide’’ may be transferred to appro-
priations 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 for
the purposes of expenses incurred in connection with a pilot
program to increase the use of Reserve personnel in support
of missions of the Armed Forces and for the use of such
personnel in connection with support and services for eligi-
ble organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
SEC. 8084. 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 decline more
than five percent below the London Metals Exchange market
price reported on the date of enactment of this Act.
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SEC. 8085. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations
made in this Act under the heading ‘‘Shipbuilding and
Conversion, Navy’’ shall be considered to be for the same
purpose as any subdivision under the heading ‘‘Shipbuild-
ing and Conversion, Navy’’ appropriations in any prior
year, and the one percent limitation shall apply to the total
amount of the appropriation.
SEC. 8086. During the current fiscal year, and not-
withstanding 
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
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 Aircraft
Program shall remain available for expenditure and for ad-
justing obligations for such Program until September 30,
2002.
SEC. 8087. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or
an adjustment of an obligation may be charged to any cur-
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rent appropriation account for the same purpose as the ex-
pired 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 obliga-
tion is not chargeable to a current appropriation of
the Department of Defense under the provisions of sec-
tion 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 re-
corded against the expired account: Provided further,
That the total amount charged to a current appro-
priation under this section may not exceed an
amount equal to one percent of the total appropria-
tion for that account.
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(TRANSFER OF FUNDS)
SEC. 8088. Upon enactment of this Act, the Secretary
of Defense shall make the following transfers of funds: Pro-
vided, That the amounts transferred shall be available for
the same purposes as the appropriations to which trans-
ferred, and for the same time period as the appropriation
from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1985/1995’’:
For craft, outfitting, and post delivery,
$2,000,000;
To:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1985/1995’’:
DDG–51 Destroyer program, $2,000,000;
From:
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 1986/1996’’:
LHD–1 amphibious assault ship program,
$2,154,000;
To: