H. R. 2126—12
therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contrac-
tor-owned equipment layaway; $6,284,230,000, to remain available
for obligation until September 30, 1998.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of not to exceed 451 passenger motor vehicles, of
which 447 shall be for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; $2,124,379,000, to remain available for obligation until
September 30, 1998.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces; $777,000,000, to remain available
for obligation until September 30, 1998: Provided, That the Chiefs
of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit
to the congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard compo-
nent.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $4,870,684,000, to remain available for obligation
until September 30, 1997.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $8,748,132,000, to remain available for obligation
until September 30, 1997: Provided, That of the funds provided
in Public Law 103–335, in title IV, under the heading ‘‘Research,
Development, Test and Evaluation, Navy’’, $5,000,000 shall be made
available as a grant only to the Marine and Environmental Research
and Training Station (MERTS) for laboratory and other efforts
associated with research, development, and other programs of major
importance to the Department of Defense: Provided further, That
H. R. 2126—13
funds appropriated in this paragraph which are available for the
V–22 may be used to meet unique requirements of the Special
Operations Forces.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $13,126,567,000, to remain available for obliga-
tion until September 30, 1997: Provided, That of the funds made
available in this paragraph, $25,000,000 shall be only for develop-
ment of reusable launch vehicle technologies: Provided further, That
not less than $9,500,000 of the funds appropriated in this paragraph
shall be made available only for the Joint Seismic Program and
the Global Seismographic Network.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $9,411,057,000, to remain available for obligation
until September 30, 1997: Provided, That not less than $200,442,000
of the funds appropriated in this paragraph shall be made available
only for the Sea-Based Wide Area Defense (Navy Upper-Tier) pro-
gram: Provided further, That the funds made available under the
second proviso under this heading in Public Law 103–335 (108
Stat. 2613) shall also be available to cover the reasonable costs
of the administration of loan guarantees referred to in that proviso
and shall be available to cover such costs of administration and
the costs of such loan guarantees until September 30, 1998.
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, of independent activi-
ties of the Director, Test and Evaluation in the direction and
supervision of developmental test and evaluation, including
performance and joint developmental testing and evaluation; and
administrative expenses in connection therewith; $251,082,000, to
remain available for obligation until September 30, 1997.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses
in connection therewith; $22,587,000, to remain available for obliga-
tion until September 30, 1997.
H. R. 2126—14
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE BUSINESS OPERATIONS FUND
For the Defense Business Operations Fund; $878,700,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet,
as established by section 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744); $1,024,220,000, to remain available
until expended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components unless
such components are manufactured in the United States: auxiliary
equipment, including pumps, for all ship-board services; propulsion
system components (that is; engines, reduction gears, and propel-
lers); shipboard cranes; and spreaders for shipboard cranes: Pro-
vided further, That the exercise of an option in a contract awarded
through the obligation of previously appropriated funds shall not
be considered to be the award of a new contract: Provided further,
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 Appropriations of
the House of Representatives and the Senate, that adequate domes-
tic 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 the Secretary of the Navy may obligate
not to exceed $110,000,000 from available appropriations to the
Navy for the procurement of one additional MPS ship.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by
law; $10,226,358,000, of which $9,938,325,000 shall be for Operation
and maintenance, of which $288,033,000, to remain available for
obligation until September 30, 1998, shall be for Procurement:
Provided, That of the funds appropriated under this heading,
$14,500,000 shall be made available for obtaining emergency
communications services for members of the Armed Forces and
their families from the American National Red Cross as authorized
by law: Provided further, That the date for implementation of
the nation-wide managed care military health services system shall
be extended to September 30, 1997: Provided further, That of the
funds provided under this heading, $3,400,000 is available only
to permit private sector or non-Federal physicians, who have used
and will use the antibacterial treatment method based upon the
excretion of dead decaying spherical bacteria to work in conjunction
H. R. 2126—15
with the Walter Reed Army Medical Center on a treatment protocol
and related studies for Desert Storm Syndrome-affected veterans.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $672,250,000, of
which $353,850,000 shall be for Operation and maintenance,
$265,000,000 shall be for Procurement to remain available until
September 30, 1998, and $53,400,000 shall be for Research, develop-
ment, test and evaluation to remain available until September
30, 1997.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United
States Code; for Operation and maintenance; for Procurement; and
for Research, development, test and evaluation; $688,432,000: Pro-
vided, That the funds appropriated by this paragraph shall be
available for obligation for the same time period and for the same
purpose as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in addition
to any transfer authority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act
of 1978, as amended; $178,226,000, of which $177,226,000 shall
be for Operation and maintenance, of which not to exceed $400,000
is available for emergencies and extraordinary expenses to be
expended on the approval or authority of the Inspector General,
and payments may be made on his certificate of necessity for
confidential military purposes; and of which $1,000,000 to remain
available until September 30, 1998, shall be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain proper funding level for
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $213,900,000.
H. R. 2126—16
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–183,
$7,500,000, to be derived from the National Security Education
Trust Fund, to remain available until expended: Provided, That
any individual accepting a scholarship or fellowship from this pro-
gram agrees to be employed by the Department of Defense or
in the Intelligence Community in accordance with Federal employ-
ment standards.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For necessary expenses of the Intelligence Community Manage-
ment Account; $90,683,000.
KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND
ENVIRONMENTAL RESTORATION TRUST FUND
For payment to the Kaho’olawe Island Conveyance, Remedi-
ation, and Environmental Restoration Trust Fund, as authorized
by law; $25,000,000, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 per centum of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last two months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
H. R. 2126—17
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $2,400,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction)
between such appropriations or funds or any subdivision thereof,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer may
not be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by Congress: Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act:
Provided further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher prior-
ity items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the
Congress.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds and the ‘‘Foreign
Currency Fluctuations, Defense’’ and ‘‘Operation and Maintenance’’
appropriation accounts in such amounts as may be determined
by the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer. Except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations
may be made against a working capital fund to procure or increase
the value of war reserve material inventory, unless the Secretary
of Defense has notified the Congress prior to any such obligation.
SEC. 8007. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination
under section 2690 of title 10, United States Code, may implement
cost-effective agreements for required heating facility modernization
in the Kaiserslautern Military Community in the Federal Republic
of Germany: Provided, That in the City of Kaiserslautern such
agreements will include the use of United States anthracite as
the base load energy for municipal district heat to the United
States defense installations: 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: Provided further, That none of the funds
available to the Department of Defense in this Act shall be used
H. R. 2126—18
by the Secretary of a military department to purchase coal or
coke from foreign nations for use at United States defense facilities
in Europe when coal from the United States is available.
SEC. 8008. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.
SEC. 8009. None of the funds contained in this Act available
for the Civilian Health and Medical Program of the Uniformed
Services shall be available for payments to physicians and other
non-institutional health care providers in excess of the amounts
allowed in fiscal year 1995 for similar services, except that: (a)
for services for which the Secretary of Defense determines an
increase is justified by economic circumstances, the allowable
amounts may be increased in accordance with appropriate economic
index data similar to that used pursuant to title XVIII of the
Social Security Act; and (b) for services the Secretary determines
are overpriced based on allowable payments under title XVIII of
the Social Security Act, the allowable amounts shall be reduced
by not more than 15 percent (except that the reduction may be
waived if the Secretary determines that it would impair adequate
access to health care services for beneficiaries). The Secretary shall
solicit public comment prior to promulgating regulations to imple-
ment this section. Such regulations shall include a limitation, simi-
lar to that used under title XVIII of the Social Security Act, on
the extent to which a provider may bill a beneficiary an actual
charge in excess of the allowable amount.
SEC. 8010. None of the funds provided in this Act shall be
available to initiate (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000, or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quan-
tity procurement in excess of $20,000,000 in any one year, unless
the congressional defense committees have been notified at least
thirty days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the economic
order quantity advance procurement is not funded at least to the
limits of the Government’s liability: Provided further, That no part
of any appropriation contained in this Act shall be available to
initiate multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in this Act: Provided fur-
ther, That no multiyear procurement contract can be terminated
without 10-day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
UH–60 Blackhawk helicopter;
Apache Longbow helicopter; and
M1A2 tank upgrade.
SEC. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code,
H. R. 2126—19
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations
shall be reported to Congress on September 30 of each year: Pro-
vided, That funds available for operation and maintenance shall
be available for providing humanitarian and similar assistance
by using Civic Action Teams in the Trust Territories of the Pacific
Islands and freely associated states of Micronesia, pursuant to
the Compact of Free Association as authorized by Public Law
99–239: Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize the
provision of medical services at such facilities and transportation
to such facilities, on a nonreimbursable basis, for civilian patients
from American Samoa, the Commonwealth of the Northern Mariana
Islands, the Marshall Islands, the Federated States of Micronesia,
Palau, and Guam.
SEC. 8012. (a) During fiscal year 1996, the civilian personnel
of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 1997 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1997 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 1997.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
SEC. 8013. None of the funds provided in this Act shall be
available either to return any IOWA Class Battleships to the Naval
Register, or to retain the logistical support necessary for support
of any IOWA Class Battleships in active service.
SEC. 8014. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the fifty United States,
its territories, and the District of Columbia, 125,000 civilian
workyears: Provided, That workyears shall be applied as defined
in the Federal Personnel Manual: Provided further, That workyears
expended in dependent student hiring programs for disadvantaged
youths shall not be included in this workyear limitation.
SEC. 8015. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8016. None of the funds appropriated for the Department
of Defense during the current fiscal year and hereafter shall be
obligated for the pay of any individual who is initially employed
after the date of enactment of this Act as a technician in the
administration and training of the Army Reserve and the mainte-
nance and repair of supplies issued to the Army Reserve unless
such individual is also a military member of the Army Reserve
H. R. 2126—20
troop program unit that he or she is employed to support. Those
technicians employed by the Army Reserve in areas other than
Army Reserve troop program units need only be members of the
Selected Reserve.
SEC. 8017. Notwithstanding any other provision of law, during
the current fiscal year and hereafter, the Secretaries of the Army
and Air Force may authorize the retention in an active status
until age sixty of any person who would otherwise be removed
from an active status and who is employed as a National Guard
or Reserve technician in a position in which active status in a
reserve component of the Army or Air Force is required as a
condition of that employment.
SEC. 8018. (a) None of the funds appropriated by this Act
shall be used to make contributions to the Department of Defense
Education Benefits Fund pursuant to section 2006(g) of title 10,
United States Code, representing the normal cost for future benefits
under section 1415(c) of title 38, United States Code, for any mem-
ber of the armed services who, on or after the date of enactment
of this Act—
(1) enlists in the armed services for a period of active
duty of less than three years; or
(2) receives an enlistment bonus under section 308a or
308f of title 37, United States Code,
nor shall any amounts representing the normal cost of such future
benefits be transferred from the Fund by the Secretary of the
Treasury to the Secretary of Veterans Affairs pursuant to section
2006(d) of title 10, United States Code; nor shall the Secretary
of Veterans Affairs pay such benefits to any such member: Provided,
That, in the case of a member covered by clause (1), these limita-
tions shall not apply to members in combat arms skills or to
members who enlist in the armed services on or after July 1,
1989, under a program continued or established by the Secretary
of Defense in fiscal year 1991 to test the cost-effective use of
special recruiting incentives involving not more than nineteen
noncombat arms skills approved in advance by the Secretary of
Defense: Provided further, That this subsection applies only to
active components of the Army.
(b) None of the funds appropriated by this Act shall be available
for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid
by the Secretary of Veterans Affairs from the Department of Defense
Education Benefits Fund when time spent as a full-time student
is credited toward completion of a service commitment: Provided,
That this subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987: Provided fur-
ther, That this subsection applies only to active components of
the Army.
SEC. 8019. Funds appropriated for the Department of Defense
during the current fiscal year and hereafter shall be available
for the payment of not more than 75 percent of the charges of
a postsecondary educational institution for the tuition or expenses
of an officer in the Ready Reserve of the Army National Guard
or Army Reserve for education or training during his off-duty peri-
ods, except that no part of the charges may be paid unless the
officer agrees to remain a member of the Ready Reserve for at
least four years after completion of such training or education.