[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2126 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 8 (legislative day, September 5), 1995.
Resolved, That the bill from the House of Representatives (H.R.
2126) entitled ``An Act making appropriations for the Department of
Defense for the fiscal year ending September 30, 1996, and for other
purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1996, and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, interest on deposits,
gratuities, permanent change of station travel (including all expenses
thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Army on
active duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to
the Department of Defense Military Retirement Fund; $19,776,587,000.
Military Personnel, Navy
For pay, allowances, individual clothing, interest on deposits,
gratuities, permanent change of station travel (including all expenses
thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Navy on
active duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section
229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the
Department of Defense Military Retirement Fund; $16,979,209,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, interest on deposits,
gratuities, permanent change of station travel (including all expenses
thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Marine Corps
on active duty (except members of the Reserve provided for elsewhere);
and for payments pursuant to section 156 of Public Law 97-377, as
amended (42 U.S.C. 402 note), to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)), and to the Department of Defense Military
Retirement Fund; $5,886,540,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, interest on deposits,
gratuities, permanent change of station travel (including all expenses
thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to
the Department of Defense Military Retirement Fund; $17,156,443,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 265, 3021, and 3038 of title 10, United States Code, or while
serving on active duty under section 672(d) of title 10, United States
Code, in connection with performing duty specified in section 678(a) of
title 10, United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and for
members of the Reserve Officers' Training Corps, and expenses
authorized by section 2131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$2,102,466,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 265 of title 10, United States Code, or while serving on active
duty under section 672(d) of title 10, United States Code, in
connection with performing duty specified in section 678(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and for members of the Reserve
Officers' Training Corps, and expenses authorized by section 2131 of
title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund; $1,349,323,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 265 of title 10, United States Code, or while
serving on active duty under section 672(d) of title 10, United States
Code, in connection with performing duty specified in section 678(a) of
title 10, United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
2131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund; $364,551,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 265, 8021, and 8038 of title 10, United States Code, or
while serving on active duty under section 672(d) of title 10, United
States Code, in connection with performing duty specified in section
678(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and for members of the Air Reserve Officers' Training Corps, and
expenses authorized by section 2131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund;
$783,861,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 265, 3021, or 3496 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 672(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 678(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 2131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$3,222,422,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 265, 8021, or 8496 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 672(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 678(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 2131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$1,259,627,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $14,437,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes; $17,947,229,000 and, in addition,
$50,000,000 shall be derived by transfer from the National Defense
Stockpile Transaction Fund: Provided, That of the funds appropriated in
this paragraph, not less than $388,599,000 shall be made available only
for conventional ammunition care and maintenance: Provided further,
That of the funds provided under this heading, $1,418,000,000 shall be
available only for Real Property Maintenance activities, and shall
remain available for obligation until September 30, 1997: Provided
further, That not less than $15,000,000 shall be made available only
for the implementation and execution of the 1988 agreement between the
Department of the Army and National Presto Industries Inc. for the
remediation of environmental contamination at the National Presto
Industries Inc. site at Eau Claire, WI. These funds shall be made
available no later than sixty days following the enactment of this Act:
Provided further, That of the funds provided under this heading,
$500,000 may be available for the Life Sciences Equipment Laboratory,
Kelly Air Force Base, Texas, for work in support of the Joint Task
Force-Full Accounting.
Operation and Maintenance, Navy
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $4,151,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes;
$21,195,301,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction Fund:
Provided, That of the funds provided under this heading, $1,150,000,000
shall be available only for Real Property Maintenance activities, and
shall remain available for obligation until September 30, 1997:
Provided further, That, of the funds appropriated under this heading,
not more than $12,200,000 shall be available only for paying the costs
of terminating Project ELF.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law;
$2,341,737,000: Provided, That of the funds provided under this
heading, $366,800,000 shall be available only for Real Property
Maintenance activities, and shall remain available for obligation until
September 30, 1997.
Operation and Maintenance, Air Force
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $8,326,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes; $18,202,437,000 and, in
addition, $50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund: Provided, That the Secretary of the
Air Force may acquire all right, title, and interest of any party in
and to parcels of real property, including improvements thereon,
consisting of not more than 92 acres, located near King Salmon Air
Force Station for the purpose of conducting a response action in
accordance with the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601-9675) and the Air Force Installation
Restoration Program: Provided further, That of the funds provided under
this heading, $1,633,000,000 shall be available only for Real Property
Maintenance activities, and shall be available for obligation until
September 30, 1997: Provided further, That from within the funds
appropriated under this heading, the Air Force may enter into a long-
term lease or purchase agreement to replace the existing fleet of VC-
137 aircraft.
Operation and Maintenance, Defense-Wide
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law;
$9,804,068,000, of which not to exceed $25,000,000 may be available for
the CINC initiative fund account; and of which not to exceed
$28,588,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of Defense,
and payments may be made on his certificate of necessity for
confidential military purposes: Provided, That of the funds
appropriated under this heading, $20,000,000 shall be made available
only for use in federally owned education facilities located on
military installations for the purpose of transferring title of such
facilities to the local education agency: Provided further, That of the
funds provided under this heading, $169,800,000 shall be available only
for Real Property Maintenance activities, and shall remain available
for obligation until September 30, 1997: Provided further, That of the
funds appropriated in this paragraph, $11,200,000 shall be available
for the Joint Analytic Model Improvement Program: Provided further,
That of the funds appropriated in this paragraph, $10,000,000 shall be
available for the Troops-to-Cops program: Provided further, That of the
funds provided under this heading, $42,000,000 shall be available for
the Troops-to-Teachers program.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $1,068,312,000: Provided, That of the
funds provided under this heading, $47,589,000 shall be available only
for Real Property Maintenance activities, and shall remain available
for obligation until September 30, 1997.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $826,042,000: Provided, That of the
funds provided under this heading, $31,954,000 shall be available only
for Real Property Maintenance activities, and shall remain available
for obligation until September 30, 1997.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $90,283,000: Provided, That of the funds
provided under this heading, $4,911,000 shall be available only for
Real Property Maintenance activities, and shall remain available for
obligation until September 30, 1997.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications; $1,485,947,000: Provided, That of the
funds provided under this heading, $63,062,000 shall be available only
for Real Property Maintenance activities, and shall remain available
for obligation until September 30, 1997.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft); $2,361,708,000: Provided,
That of the funds provided under this heading, $150,188,000 shall be
available only for Real Property Maintenance activities, and shall be
available for obligation until September 30, 1997.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things; hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by
law for the Air National Guard; and expenses incident to the
maintenance and use of supplies, materials, and equipment, including
such as may be furnished from stocks under the control of agencies of
the Department of Defense; travel expenses (other than mileage) on the
same basis as authorized by law for Air National Guard personnel on
active Federal duty, for Air National Guard commanders while inspecting
units in compliance with National Guard Bureau regulations when
specifically authorized by the Chief, National Guard Bureau;
$2,724,021,000: Provided, That of the funds provided under this
heading, $85,571,000 shall be available only for Real Property
Maintenance activities, and shall remain available for obligation until
September 30, 1997.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces; $6,521,000, of which not to exceed $2,500
can be used for official representation purposes.
Environmental Restoration, Defense
(including transfer of funds)
For the Department of Defense; $1,487,000,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes
(including programs and operations at sites formerly used by the
Department of Defense), transfer the funds made available by this
appropriation to other appropriations made available to the Department
of Defense, to be merged with and to be available for the same purposes
and for the same period as the appropriations of funds to which
transferred, as follows:
Operation and Maintenance, Army, $659,000,000;
Operation and Maintenance, Navy, $405,000,000;
Operation and Maintenance, Air Force, $368,000,000; and
Operation and Maintenance, Defense-wide, $55,000,000:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation.
Summer Olympics
For logistical support and personnel services (other than pay and
non-travel-related allowances of members of the Armed Forces of the
United States, except for members of the reserve components thereof
called or ordered to active duty to provide support for the 1996 Games
of the XXVI Olympiad to be held in Atlanta, Georgia) provided by any
component of the Department of Defense to the 1996 Games of the XXVI
Olympiad; $15,000,000: Provided, That funds appropriated under this
heading shall remain available for obligation until September 30, 1997.
Humanitarian Assistance
For training and activities related to the clearing of landmines
for humanitarian purposes, $60,000,000.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for providing
incentives for demilitarization; for establishing programs to prevent
the proliferation of weapons, weapons components, and weapon-related
technology and expertise; for programs relating to the training and
support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise; $325,000,000 to remain available until expended.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $1,498,623,000, to remain available for obligation until
September 30, 1998.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes; $846,555,000, to remain available for obligation until
September 30, 1998.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes;
$1,396,264,000, to remain available for obligation until September 30,
1998.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854, title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes; $1,090,891,000, to remain available for
obligation until September 30, 1998.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and nontracked combat vehicles;
the purchase of not to exceed 41 passenger motor vehicles for
replacement only; communications and electronic equipment; other
support equipment; spare parts, ordnance, and accessories therefor;
specialized equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes; $2,760,002,000, to remain
available for obligation until September 30, 1998.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; $4,897,393,000, to remain available for obligation
until September 30, 1998.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, other ordnance and
ammunition, and related support equipment including spare parts, and
accessories therefor; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; $1,771,421,000, to
remain available for obligation until September 30, 1998.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefore, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
For continuation of the SSN-21 attack submarine program,
$700,000,000;
NSSN-1 (AP) $704,498,000;
NSSN-2 (AP) $100,000,000;
CVN Refuelings, $221,988,000;
DDG-51 destroyer program, $3,586,800,000;
LHD-1 amphibious assault ship program, $1,300,000,000; and
For craft, outfitting, post delivery, conversions, and
first destination transportation, $448,715,000;
in all: $7,062,001,000, to remain available for obligation until
September 30, 2000: Provided, That additional obligations may be
incurred after September 30, 2000, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds herein provided for the construction or conversion of any naval
vessel to be constructed in shipyards in the United States shall be
expended in foreign facilities for the construction of major components
of such vessel: Provided further, That none of the funds herein
provided shall be used for the construction of any naval vessel in
foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of not to exceed 252 passenger motor vehicles
for replacement only; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; $2,394,260,000, to
remain available for obligation until September 30, 1998.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of not to exceed 194
passenger motor vehicles for replacement only; and expansion of public
and private plants, including land necessary therefor, and such lands
and interests therein, may be acquired and construction prosecuted
thereon prior to approval of title; $597,139,000, to remain available
for obligation until September 30, 1998.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned 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; and other
expenses necessary for the foregoing purposes including rents and
transportation of things; $7,163,258,000, to remain available for
obligation until September 30, 1998.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, ammunition, and related equipment, including spare
parts and accessories therefor, ground handling equipment, and training
devices; expansion of public and private plants, Government-owned
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; and other expenses
necessary for the foregoing purposes including rents and transportation
of things; $3,550,192,000, to remain available for obligation until
September 30, 1998.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed 385
passenger motor vehicles for replacement only; the purchase of 1
vehicle required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to exceed
$260,000 per vehicle; and expansion of public and private plants,
Government-owned 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;
$6,540,951,000, 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; $2,114,824,000, 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 December 1,
1995, individually submit to the congressional defense committees the
modernization priority assessment for their respective Reserve or
National Guard component.
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; $4,639,131,000, to remain available for obligation
until September 30, 1997: Provided, That of the funds appropriated in
this paragraph for the Other Missile Product Improvement Program
program element, $10,000,000 is provided only for the full
qualification and operational platform certification of Non-
Developmental Item (NDI) composite 2.75 inch rocket motors and
composite propellant pursuant to the initiation of a Product
Improvement Program (PIP) for the Hydra-70 rocket.
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; $8,282,051,000, to remain available for obligation
until September 30, 1997: Provided, That of the funds provided in
Public Law 103-355, 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 of the funds
appropriated under this heading, $45,458,000 shall be made available
for the Intercooled Recuperative Turbine Engine Project.
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; $13,087,389,000, to remain available for obligation
until September 30, 1997.
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;
$9,196,784,000, to remain available for obligation until September 30,
1997: Provided, That of the funds appropriated in this paragraph,
$35,000,000 shall be available for the Corps Surface-to-Air Missile
(Corps SAM) program: Provided further, That of the funds appropriated
in this paragraph, $3,000,000 shall be available for the Large
Millimeter Telescope project: Provided further, That of the funds
appropriated in this paragraph, not more than $48,505,000 shall be
available for the Strategic Environmental Research Program program
element activities and not more than $34,302,000 shall be available for
Technical Studies, Support and Analysis program element activities:
Provided further, That of the $475,470,000 appropriated in this
paragraph for the Other Theater Missile Defense, up to $25,000,000 may
be available for the operation of the Battlefield Integration Center:
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: Provided further, That of the
funds appropriated in this paragraph for the Ballistic Missile Defense
Organization, $10,000,000 shall only be available to continue program
activities and launch preparation efforts under the Strategic Target
System (STARS) program.
Developmental Test and Evaluation, Defense
For expenses, not otherwise provided for, of independent activities
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; $246,082,000, 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 Evaluation
in the direction and supervision of operational test and evaluation,
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 obligation until
September 30, 1997.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Business Operations Fund
For the Defense Business Operations Fund; $1,178,700,000: Provided,
That of the funds appropriated under this heading, $300,000,000 shall
be available only to support the national defense missions of the Coast
Guard, while operating in conjunction with and in support of the Navy:
Provided further, That pursuant to the authorities provided under this
heading, the Secretary of the Navy shall make available to the Coast
Guard ship and aviation fuel, spare parts, munitions, ship stores,
commissary goods, ship and aircraft repair services to ensure the
national defense capabilities and preparedness of the Coast Guard.
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. 1774); $1,024,220,000, to remain available until expended:
Provided, 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;
$10,196,558,000, of which $9,908,525,000 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.
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, $631,698,000, of which $353,850,000 shall be
for Operation and maintenance, $224,448,000 shall be for Procurement to
remain available until September 30, 1998, and $53,400,000 shall be for
Research, development, 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 Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components 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; $680,432,000: Provided, That of the
funds provided under this heading, $5,000,000 shall be available for
conversion of surplus helicopters of the Department of Defense for
procurement by State and local governments for counter-drug activities:
Provided further, 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 General
in carrying out the provisions of the Inspector General Act of 1978, as
amended; $139,226,000, of which $138,226,000 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 Retirement and
Disability System; $213,900,000.
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.
Community Management Account
For necessary expenses of the Community Management Account;
$98,283,000.
Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Trust Fund
For payment to the Kaho'olawe Island Conveyance, Remediation, 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 authorized 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.
(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 Department of Defense or
funds made available in this Act to the Department 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 priority 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 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 Committees on
Appropriations, Armed Services, and National Security of the Senate and
House of Representatives.
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 authorized individual
health care providers in excess of the amounts allowed in fiscal year
1994 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 implement this
section. Such regulations shall include a limitation, similar 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 quantity
procurement in excess of $20,000,000 in any one year, unless the
Committees on Appropriations and Armed Services of the Senate and House
of Representatives 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 component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
Committees on Appropriations and Armed Services of the House of
Representatives and the Senate: Provided further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine 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 appropriated pursuant
to section 401 of title 10, United States Code, 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: Provided, 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 Secretary 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. 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. 8013. (a) The provisions of section 115(a)(4) of title 10,
United States Code, shall not apply with respect to fiscal year 1996 or
with respect to the appropriation of funds for that year.
(b) 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.
(c) The fiscal year 1997 budget request for the Department of
Defense as well as all justification material and other documentation
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
1996.
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 by this Act, 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 maintenance and repair of supplies issued to the Army
Reserve unless such individual is also a military member of the Army
Reserve 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 member 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 limitations 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 further, That this subsection
applies only to active components of the Army.
Sec. 8019. Funds appropriated in this Act 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 periods, 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.
Sec. 8020. None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of enactment of
this Act, is performed by more than ten Department of Defense civilian
employees until a most efficient and cost-effective organization
analysis is completed on such activity or function and certification of
the analysis is made to the Committees on Appropriations of the House
of Representatives and the Senate: Provided, That this section shall
not apply to a commercial or industrial type function of the Department
of Defense that: (1) is included on the procurement list established
pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47),
popularly referred to as the Javits-Wagner-O'Day Act; (2) is planned to
be converted to performance by a qualified nonprofit agency for the
blind or by a qualified nonprofit agency for other severely handicapped
individuals in accordance with that Act; or (3) is planned to be
converted to performance by a qualified firm under 51 percent Native
American ownership.
Sec. 8021. Notwithstanding any other provision of law, the
Secretary of the Navy may use funds appropriated to charter ships to be
used as auxiliary minesweepers providing that the owner agrees that
these ships may be activated as Navy Reserve ships with Navy Reserve
crews used in training exercises conducted in accordance with law and
policies governing Naval Reserve forces.
Sec. 8022. For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177) as amended by the
Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987
(Public Law 100-119) and by the Budget Enforcement Act of 1990 (Public
Law 101-508), the term program, project, and activity for
appropriations contained in this Act shall be defined as the most
specific level of budget items identified in the Department of Defense
Appropriations Act, 1996, the accompanying House and Senate Committee
reports, the conference report and accompanying joint explanatory
statement of the managers of the Committee of Conference, the related
classified annexes and reports, and the P-1 and R-1 budget
justification documents as subsequently modified by Congressional
action: Provided, That the following exception to the above definition
shall apply:
For the Military Personnel and the Operation and Maintenance
accounts, the term ``program, project, and activity'' is defined as the
appropriations accounts contained in the Department of Defense
Appropriations Act: Provided further, That at the time the President
submits his budget for fiscal year 1997, the Department of Defense
shall transmit to the Committees on Appropriations and the Committees
on Armed Services of the Senate and the House of Representatives a
budget justification document to be known as the ``O-1'' which shall
identify, at the budget activity, activity group, and subactivity group
level, the amounts requested by the President to be appropriated to the
Department of Defense for operation and maintenance in any budget
request, or amended budget request, for fiscal year 1997.
Sec. 8023. Of the funds made available by this Act in title III,
Procurement, $8,000,000, drawn pro rata from each appropriations
account in title III, shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974, 25
U.S.C. 1544. These payments shall be available only to contractors
which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d),
and according to regulations which shall be promulgated by the
Secretary of Defense within 90 days of the passage of this Act.
Sec. 8024. During the current fiscal year, none of the funds
available to the Department of Defense may be used to procure or
acquire (1) defensive handguns unless such handguns are the M9 or M11
9mm Department of Defense standard handguns, or (2) offensive handguns
except for the Special Operations Forces: Provided, That the foregoing
shall not apply to handguns and ammunition for marksmanship
competitions.
(transfer of funds)
Sec. 8025. Notwithstanding any other provision of law, the
Department of Defense may transfer prior year, unobligated balances and
funds appropriated in this Act to the operation and maintenance
appropriations for the purpose of providing military technician and
Department of Defense medical personnel pay and medical programs
(including CHAMPUS) the same exemption from sequestration set forth in
the Balanced Budget and Emergency Deficit Control Act of 1985 (Public
Law 99-177) as amended by the Balanced Budget and Emergency Deficit
Control Reaffirmation Act of 1987 (Public Law 100-119) and by the
Budget Enforcement Act of 1990 (Public Law 101-508) as that granted the
other military personnel accounts: Provided, That any transfer made
pursuant to any use of the authority provided by this provision shall
be limited so that the amounts reprogrammed to the operation and
maintenance appropriations do not exceed the amounts sequestered under
the Balanced Budget and Emergency Deficit Control Act of 1985 (Public
Law 99-177) as amended by the Balanced Budget and Emergency Deficit
Control Reaffirmation Act of 1987 (Public Law 100-119) and by the
Budget Enforcement Act of 1990 (Public Law 101-508): Provided further,
That the authority to make transfers pursuant to this section is in
addition to the authority to make transfers under other provisions of
this Act: Provided further, That the Secretary of Defense may proceed
with such transfer after notifying the Appropriations Committees of the
House of Representatives and the Senate twenty calendar days in session
before any such transfer of funds under this provision.
Sec. 8026. None of the funds available to the Department of the
Navy may be used to enter into any contract 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. 8027. None of the funds appropriated by this Act available for
the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) shall be available for the reimbursement of any health care
provider for inpatient mental health service for care received when a
patient is referred to a provider of inpatient mental health care or
residential treatment care by a medical or health care professional
having an economic interest in the facility to which the patient is
referred: Provided, That this limitation does not apply in the case of
inpatient mental health services provided under the program for the
handicapped under subsection (d) of section 1079 of title 10, United
States Code, provided as partial hospital care, or provided pursuant to
a waiver authorized by the Secretary of Defense because of medical or
psychological circumstances of the patient that are confirmed by a
health professional who is not a Federal employee after a review,
pursuant to rules prescribed by the Secretary, which takes into account
the appropriate level of care for the patient, the intensity of
services required by the patient, and the availability of that care.
Sec. 8028. Funds available in this Act may be used to provide
transportation for the next-of-kin of individuals who have been
prisoners of war or missing in action from the Vietnam era to an annual
meeting in the United States, under such regulations as the Secretary
of Defense may prescribe.
Sec. 8029. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa: Provided, That
notwithstanding any other provision of law, funds available to the
Department of Defense 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 conjunction with a civil-military
project.
Sec. 8030. Notwithstanding any other provision of law, during the
current fiscal year, the Secretary of Defense may, by Executive
Agreement, establish with host nation governments in NATO member states
a separate account into which such residual value amounts negotiated in
the return of United States military installations in NATO member
states may be deposited, in the currency of the host nation, in lieu of
direct monetary transfers to the United States Treasury: Provided, That
such credits may be utilized only for the construction of facilities to
support United States military forces in that host nation, or such real
property maintenance and base operating costs that are currently
executed through monetary transfers to such host nations: Provided
further, That the Department of Defense's budget submission for fiscal
year 1997 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property maintenance
or base operating costs that shall be funded by the host nation through
such credits: Provided further, That all military construction projects
to be executed from such accounts must be previously approved in a
prior Act of Congress: Provided further, That each such Executive
Agreement with a NATO member host nation shall be reported to the
Committees on Appropriations and Armed Services of the House of
Representatives and the Senate thirty days prior to the conclusion and
endorsement of any such agreement established under this provision.
Sec. 8031. None of the funds available to the Department of Defense
in this Act shall be used to demilitarize or dispose of more than
310,784 unserviceable M-1 Garand rifles and M-1 Carbines.
Sec. 8032. Notwithstanding any other provision of law, none of the
funds appropriated by this Act shall be available to pay more than 50
percent of an amount paid to any person under section 308 of title 37,
United States Code, in a lump sum.
Sec. 8033. None of the funds appropriated during the current fiscal
year and hereafter, may be used by the Department of Defense to assign
a supervisor's title or grade when the number of people he or she
supervises is considered as a basis for this determination: Provided,
That savings that result from this provision are represented as such in
future budget proposals.
Sec. 8034. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense in fiscal year 1996 for
construction or service performed in whole or in part in a State which
is not contiguous 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 provision 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 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 in the interest of national security.
Sec. 8035. During the current fiscal year, funds appropriated or
otherwise available for any Federal agency, the Congress, the judicial
branch, or the District of Columbia may be used for the pay,
allowances, and benefits of an employee as defined by section 2105 of
title 5 or an individual employed by the government of the District of
Columbia, permanent or temporary indefinite, who--
(1) is a member of a Reserve component of the Armed Forces,
as described in section 261 of title 10, or the National Guard,
as described in section 101 of title 32;
(2) performs, for the purpose of providing military aid to
enforce the law or providing assistance to civil authorities in
the protection or saving of life or property or prevention of
injury--
(A) Federal service under section 331, 332, 333,
3500, or 8500 of title 10, or other provision of law,
as applicable, or
(B) full-time military service for his State, the
District of Columbia, the Commonwealth of Puerto Rico,
or a territory of the United States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without
regard to the provisions of sections 5519 and 6323(b)
of title 5, if such employee is otherwise entitled to
such annual leave:
Provided, That any employee who requests leave under subsection (3)(A)
for service described in subsection (2) of this section is entitled to
such leave, subject to the provisions of this section and of the last
sentence of section 6323(b) of title 5, and such leave shall be
considered leave under section 6323(b) of title 5.
Sec. 8036. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of twenty-
four months after initiation of such study with respect to a single
function activity or forty-eight months after initiation of such study
for a multi-function activity.
Sec. 8037. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8038. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8039. Of the funds made available in this Act, not less than
$24,197,000 shall be available for the Civil Air Patrol, of which
$14,259,000 shall be available for Operation and Maintenance.
Sec. 8040. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act.
Sec. 8041. (a) Of the funds for the procurement of supplies or
services appropriated by this Act, qualified nonprofit agencies for the
blind or other severely handicapped shall be afforded the maximum
practicable opportunity to participate as subcontractors and suppliers
in the performance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting
plan for the participation by small business concerns pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be
given credit toward meeting that subcontracting goal for any purchases
made from qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely handicapped'' means a
nonprofit agency for the blind or other severely handicapped that has
been approved by the Committee for the Purchase from the Blind and
Other Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C.
46-48).
Sec. 8042. During the current fiscal year, net receipts pursuant to
collections from third party payers pursuant to section 1095 of title
10, United States Code, shall be made available to the local facility
of the uniformed services responsible for the collections and shall be
over and above the facility's direct budget amount.
Sec. 8043. Notwithstanding any other provision of law, of the funds
appropriated for the Defense Health Program during this fiscal year and
hereafter, the amount payable for services provided under this section
shall not be less than the amount calculated under the coordination of
benefits reimbursement formula utilized when CHAMPUS is a secondary
payor to medical insurance programs other than Medicare, and such
appropriations as necessary shall be available (notwithstanding the
last sentence of section 1086(c) of title 10, United States Code) to
continue Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) benefits, until age 65, under such section for a former
member of a uniformed service who is entitled to retired or retainer
pay or equivalent pay, or a dependent of such a member, or any other
beneficiary described by section 1086(c) of title 10, United States
Code, who becomes eligible for hospital insurance benefits under part A
of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
solely on the grounds of physical disability, or end stage renal
disease: Provided, That expenses under this section shall only be
covered to the extent that such expenses are not covered under parts A
and B of title XVIII of the Social Security Act and are otherwise
covered under CHAMPUS: Provided further, That no reimbursement shall be
made for services provided prior to October 1, 1991.
Sec. 8044. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$250,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That, upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriation or fund which incurred such obligations.
Sec. 8045. None of the unobligated balances available in the
National Defense Stockpile Transaction Fund during the current fiscal
year may be obligated or expended to finance any grant or contract to
conduct research, development, test and evaluation activities for the
development or production of advanced materials, unless amounts for
such purposes are specifically appropriated in a subsequent
appropriations Act.
Sec. 8046. For the purposes of this Act, the term ``congressional
defense committees'' means the National Security Committee of the House
of Representatives, the Armed Services Committee of the Senate, the
subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on National Security of the Committee on
Appropriations of the House of Representatives.
Sec. 8047. Notwithstanding any other provision of law, during the
current fiscal year, the Department of Defense may acquire the
modification, depot maintenance and repair of aircraft, vehicles and
vessels as well as the production of components and other Defense-
related articles, through competition between Department of Defense
depot maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or defense
agency concerned, with power of delegation, shall certify that
successful bids include comparable estimates of all direct and indirect
costs for both public and private bids: Provided further, That Office
of Management and Budget Circular A-76 shall not apply to competitions
conducted under this section.
Sec. 8048. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and wine with nonappropriated
funds for resale (including such alcoholic beverages sold by the drink)
on a military installation located in the United States unless such
malt beverages and wine are procured within that State, or in the case
of the District of Columbia, within the District of Columbia, in which
the military installation is located: Provided, That in a case in which
the military installation is located in more than one State, purchases
may be made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages
and wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another State:
Provided further, That alcoholic beverages other than wine and malt
beverages, in contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other factors
considered.
Sec. 8049. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
Sec. 8050. During the current fiscal year, voluntary separation
incentives payable under 10 U.S.C. 1175 may be paid in such amounts as
are necessary from the assets of the Voluntary Separation Incentive
Fund established by section 1175(h)(1).
(including transfer of funds)
Sec. 8051. Amounts deposited during the current fiscal year and
hereafter to the special account established under 40 U.S.C. 485(h)(2)
and to the special account established under 10 U.S.C. 2667(d)(1) are
appropriated and shall be available until transferred by the Secretary
of Defense to current applicable appropriations or funds of the
Department 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 available for the same time period and the same purposes
as the appropriation to which transferred.
Sec. 8052. None of the funds in this or any other Act shall be
available for the preparation of studies on--
(a) the feasibility of removal and transportation of
unitary chemical weapons from the eight chemical storage sites
within the continental United States to Johnston Atoll:
Provided, That this prohibition shall not apply to General
Accounting Office studies requested by a Member of Congress or
a Congressional Committee; and
(b) the potential future uses of the nine chemical disposal
facilities other than for the destruction of stockpile chemical
munitions and as limited by section 1412(c)(2), Public Law 99-
145: Provided, That this prohibition does not apply to future
use studies for the CAMDS facility at Tooele, Utah.
Sec. 8053. During the current fiscal year, appropriations 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 further, That if
lodging in kind is provided, any authorized service charge or cost of
such lodging may be paid directly from funds appropriated for operation
and maintenance of the reserve component of the member concerned.
Sec. 8054. For fiscal year 1996, the total amount appropriated to
fund the Uniformed Services Treatment Facilities program, operated
pursuant to section 911 of Public Law 97-99 (42 U.S.C. 248c), is
limited to $329,000,000, of which not more than $300,000,000 may be
provided by the funds appropriated by this Act.
Sec. 8055. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act.
Sec. 8056. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established 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. 8057. During the current fiscal year, annual payments granted
under the provisions of section 4416 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-428; 106 Stat.
2714) shall be made from appropriations in this Act which are available
for the pay of reserve component personnel.
Sec. 8058. During the current fiscal year, appropriations available
for the pay and allowances of active duty members of the Armed Forces
shall be available to pay the retired pay which is payable pursuant to
section 4403 of Public Law 102-484 (10 U.S.C. 1293 note) under the
terms and conditions provided in section 4403.
Sec. 8059. 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 the Military Department
concerned plans to retire or otherwise 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 national security interest
of the United States to provide such waiver and so notifies the
congressional defense committees in writing.
Sec. 8060. 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 September 30, 1997.
Sec. 8061. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8062. (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 to the Johnston Atoll for the
purpose of storing or demilitarizing such munitions.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition 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. 8063. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the
current fiscal year pursuant to section 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. 8064. 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 Act making appropriations for the Treasury
and Post Office 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. 8065. Of the funds appropriated to the Department 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
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation, on Indian lands resulting from Department
of Defense activities.
Sec. 8066. 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 activity 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,
(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 advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial 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 production, 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. 8067. To the extent authorized in law, 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 guarantees issues 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 guarantee, 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 Services and Foreign Relations of
the Senate and the Committees of Appropriations, National Security and
International Relations in the House of Representatives on the
implementation of this program.
Sec. 8068. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 1996 until the enactment of the Intelligence
Authorization Act for fiscal year 1996.
Sec. 8069. 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.
Sec. 8070. During the current fiscal year, funds appropriated 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,
United 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 3686(2) and 8686(2) of
title 10, United States Code.
Sec. 8071. Funds appropriated in this Act for operation 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 of the National Guard and Reserve when members
of the National Guard and Reserve provide intelligence support to
Unified Commands, Defense 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 section authorizes deviation from
established Reserve and National Guard personnel and training
procedures.
Sec. 8072. 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.
(rescission)
Sec. 8073. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts in the specified amounts:
``Procurement of Ammunition, Army, 1993/1995'',
$15,000,000;
``Aircraft Procurement, Air Force, 1994/1996'',
$53,654,000;
``Aircraft Procurement, Air Force, 1995/1997'',
$53,100,000;
``Shipbuilding and Conversion, Navy, 1991/1995'',
$13,570,000;
``Other Procurement, Navy, 1995/1997'', $8,600,000;
``Research, Development, Test and Evaluation, Army, 1994/
1995'', $242,000;
``Research, Development, Test and Evaluation, Army, 1995/
1996'', $11,156,000;
``Research, Development, Test and Evaluation, Navy, 1994/
1995'', $4,416,000;
``Research, Development, Test and Evaluation, Navy, 1995/
1996'', $10,150,000;
``Research, Development, Test and Evaluation, Air Force,
1994/1995'', $46,589,000; and
``Research, Development, Test and Evaluation, Air Force,
1995/1996'', $15,767,000.
Sec. 8074. None of the funds in this or any other Act may be used
to implement the plan to reorganize the regional headquarters and basic
camps structure of the Reserve Officer Training Corps program of the
Army until the Comptroller General of the United States has certified
to the congressional defense committees that the methodology and
evaluation of the potential sites were consistent with the established
criteria for the consolidation, that all data used by the Army in the
evaluation was accurate and complete, and that the conclusions reached
are based upon the total costs of the Army's final plan to establish
the Eastern Reserve Officer Training Corps Headquarters at Fort
Benning, Georgia: Provided, That all cost, including Military
Construction, shall be considered as well as an analysis of the impact
of the consolidation on the surrounding communities for all affected
installations.
Sec. 8075. During the current fiscal year, the minimum number of
personnel employed as military reserve technicians (as defined in
section 8401(30) of title 5, United States Code) for reserve components
as of the last day of the fiscal year shall be as follows:
For the Army National Guard, 25,750;
For the Army Reserve, 7,000;
For the Air National Guard, 23,250; and
For the Air Force Reserve, 10,000:
Provided, That in addition to funds provided elsewhere in this Act, the
following amounts are appropriated to the following accounts only for
the pay of military reserve technicians (as defined in section 8401(30)
of title 5, United States Code):
Operation and Maintenance, Army Reserve, $24,822,000;
Operation and Maintenance, Air Force Reserve, $12,800,000;
Operation and Maintenance, Army National Guard,
$27,628,000; and
Operation and Maintenance, Air National Guard, $30,800,000.
Sec. 8076. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to or
programs in the Democratic People's Republic of North Korea unless
specifically appropriated for that purpose: Provided, That the
Secretary of Defense and the Secretaries of the military services must
notify the congressional defense committees within 24 hours of any
obligation, transfer, or expenditure of funds in excess of $500,000
pursuant to authorities granted for emergency and extraordinary
requirements provided in title II of this Act.
Sec. 8077. (a) None of the funds appropriated in this Act are
available to establish a new FFRDC, either as a new entity, or as a
separate entity administered by an organization managing another FFRDC,
or as a nonprofit membership corporation consisting of a consortium of
other FFRDCs and other nonprofit entities.
(b) Limitation on Compensation.--No member of a Board of Directors,
Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting
Committee, or any similar entity of a defense FFRDC, and no paid
consultant to any defense FFRDC, may be compensated for his or her
services as a member of such entity, or as a paid consultant, except
under the same conditions, and to the same extent, as members of the
Defense Science Board: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the Department of Defense from any source during fiscal
year 1996 may be used by a defense FFRDC, through a fee or other
payment mechanism, for charitable contributions, for construction of
new buildings, for payment of cost sharing for projects funded by
government grants, or for absorption of contract overruns.
(d) Notwithstanding any other provision of law, of the amounts
available to the Department of Defense during fiscal year 1996, not
more than $1,162,650,000 may be obligated for financing activities of
defense FFRDCs: Provided, That the total amounts appropriated in titles
II, III, and IV of this Act are hereby reduced by $90,000,000 to
reflect the funding ceiling contained in this subsection.
Sec. 8078. 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, 1995 level.
(transfer of funds)
Sec. 8079. Upon enactment of this Act, the Secretary 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 following appropriations in
the amount specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1990'':
SSN-688 attack submarine program, $5,051,000;
CG-47 cruiser program, $2,500,000;
BB battleship reactivation, $4,000,000;
T-AGOS SURTASS ship program, $2,135,000;
LCAC landing craft air cushion program, $4,800,000;
For craft, outfitting, post delivery, and cost
growth, $8,660,000;
Weapons Procurement, Navy, 1994/1996, $30,900,000;
Other Procurement, Navy, 1994/1996, $9,200,000;
Aircraft procurement, Navy, 1994/1996, $2,056,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1990'':
MSH coastal mine hunter program, $69,302,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1988/1992'':
SSN-688 attack submarine program, $1,500,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1988/1992'':
T-ACS auxilary crane ship program, $1,500,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/1993'':
SSN-688 attack submarine program, $23,535,000;
DDG-51 destroyer program, $33,700,000;
T-AO fleet oiler program, $38,969,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/1993'':
SSN-21 attack submarine program, $65,886,000;
MHC coastal mine hunter program, $30,318,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1990/1994'':
SSN-688 attack submarine program, $1,907,000;
DDG-51 destroyer program, $22,669,000;
For craft, outfitting and post delivery,
$3,900,000;
Aircraft Procurement, Navy, 1994/1996, $17,944,000;
Procurement of Ammunition, Navy and Marine Corps,
1995/1997, $5,116,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1990/1994'':
MHC coastal mine hunter, $9,536,000;
T-AGOS surveillance ship program, $42,000,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/1995'':
SSN-21 attack submarine program, $18,330,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/1995'':
LHD-1 amphibious assault ship program, $6,178,000;
MHC coastal mine hunter program, $12,152,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
DDG-51 destroyer program, $5,315,000;
For craft, outfitting, post delivery, and DBOF
transfer, $9,675,000;
For escalation, $3,347,000;
Weapons Procurement, Navy, 1995/1997, $7,500,000;
Procurement, Marine Corps, 1995/1997, $378,000;
Other Procurement, Navy, 1995/1997, $355,000;
Aircraft Procurement, Navy, 1995/1997, $3,600,000;
Research, Development, Test and Evaluation, Navy,
1995/1996, $5,600,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
MHC coastal mine hunter program, $35,770,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
LSD-41 cargo variant ship program, $1,600,000;
For craft, outfitting, post delivery, and first
destination transportation, and inflation adjustments,
$5,627,000;
Procurement of Ammunition, Navy and Marine Corps,
1995/1997, $1,784,000;
Other Procurement, Navy, 1995/1997, $645,000.
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
DDG-51 destroyer program, $7,356,000;
AOE combat support ship program, $2,300,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
MCS(C) program, $5,300,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
Nuclear submarine main steam condensor industrial
base, $900,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
LHD program, $6,200,000.
Sec. 8080. The Department shall include, in the operation of
TRICARE Regions 7/8, a region-wide wraparound care package that
requires providers of residential treatment services to share financial
risk through case rate reimbursement, to include planning and
individualized wraparound services to prevent recidivism.
Sec. 8081. None of the funds available to the Department of Defense
shall be available to make progress payments based on costs to large
business concerns at rates lower than 85 percent on contract
solicitations issued after enactment of this Act.
Sec. 8082. Notwithstanding any other provision of law, the
Department of Defense shall execute payment in not more than 24 days
after receipt of a proper invoice.
Sec. 8083. Funds provided in title II of this Act for real Property
Maintenance may be obligated and expended for the renovation,
refurbishment and modernization of bachelor enlisted living quarters up
to a level of $1,000,000 per facility project.
Sec. 8084. None of the funds appropriated by this Act may be used
to carry out the ship depot maintenance solicitation policy issued by
the Secretary of the Navy in a memorandum dated 16 June 1995.
Sec. 8085. 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.
Sec. 8086. None of the funds appropriated or otherwise made
available under this Act may be used for the destruction of pentaborane
currently stored at Edwards Air Force Base, California, until the
Secretary of Energy certifies to the congressional defense committees
that the Secretary does not intend to use the pentaborane or the by-
products of such destruction at the Idaho National Engineering
Laboratory for--
(1) environmental remediation of high level, liquid
radioactive waste; or
(2) as a source of raw materials for boron drugs for Boron
Neutron Capture Therapy.
Sec. 8087. (a) Energy Savings at Federal Facilities.--The head of
each agency for which funds are made available under this Act shall
take all actions necessary to achieve during fiscal year 1996 a 5
percent reduction, from fiscal year 1995 levels, in the energy costs of
the facilities used by the agency.
(b) Use of Cost Savings.--An amount equal to the amount of cost
savings realized by an agency under subsection (a) shall remain
available for obligation through the end of fiscal year 1997, without
further authorization or appropriation, as follows:
(1) Conservation measures.--Fifty percent of the amount
shall remain available for the implementation of additional
energy conservation measures and for water conservation
measures at such facilities used by the agency as are
designated by the head of the agency.
(2) Other purposes.--Fifty percent of the amount shall
remain available for use by the agency for such purposes as are
designated by the head of the agency, consistent with
applicable law.
(c) Report.--
(1) In general.--Not later than December 31, 1996, the head
of each agency described in subsection (a) shall submit a
report to Congress specifying the results of the actions taken
under subsection (a) and providing any recommendations
concerning how to further reduce energy costs and energy
consumption in the future.
(2) Contents.--Each report shall--
(A) specify the total energy costs of the
facilities used by the agency;
(B) identify the reductions achieved; and
(C) specify the actions that resulted in the
reductions.
Sec. 8088. (a)(1) Not later than October 1, 1995, the Secretary of
Defense shall require that each disbursement by the Department of
Defense in an amount in excess of $1,000,000 be matched to a particular
obligation before the disbursement is made.
(2) Not later than September 30, 1996, the Secretary of Defense
shall require that each disbursement by the Department of Defense in an
amount in excess of $500,000 be matched to a particular obligation
before the disbursement is made.
(b) The Secretary shall ensure that a disbursement in excess of the
threshold amount applicable under subsection (a) is not divided into
multiple disbursements of less than that amount for the purpose of
avoiding the applicability of such subsection to that disbursement.
(c) The Secretary of Defense may waive a requirement for advance
matching of a disbursement of the Department of Defense with a
particular obligation in the case of (1) a disbursement involving
deployed forces, (2) a disbursement for an operation in a war declared
by Congress or a national emergency declared by the President or
Congress, or (3) a disbursement under any other circumstances for which
the waiver is necessary in the national security interests of the
United States, as determined by the Secretary and certified by the
Secretary to the congressional defense committees.
(d) This section shall not be construed to limit the authority of
the Secretary of Defense to require that a disbursement not in excess
of the amount applicable under subsection (a) be matched to a
particular obligation before the disbursement is made.
Sec. 8089. (a) Except as provided in subsection (b), the total
amount obligated or expended for procurement of the SSN-21, SSN-22, and
SSN-23 Seawolf class submarines may not exceed $7,223,695,000.
(b) The amount of the limitation set forth in subsection (a) is
increased after fiscal year 1995 by the following amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarines referred to in such subsection.
(2) The amounts of increases in costs attributable to
economic inflation after fiscal year 1995.
(3) The amounts of increases in costs attributable to
compliance with changes in Federal, State, or local laws
enacted after fiscal year 1995.
SEC. 8090 RESTRICTION ON REIMBURSEMENT OF COSTS.
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 payments for individual compensation at a rate in excess of
$250,000 per year.
Sec. 8091. None of the funds available to the Department of Defense
during fiscal year 1996 may be obligated or expended to support or
finance the activities of the Defense Policy Advisory Committee on
Trade.
SEC. 8092. PROHIBITION OF PAY AND ALLOWANCES FOR MILITARY PERSONNEL
CONVICTED OF SERIOUS CRIMES.
(a) Notwithstanding any other provision of law, none of the funds
appropriated by this Act shall be obligated for the pay or allowances
of any member of the Armed Forces who has been sentenced by a court-
martial to any sentence that includes confinement for one year or more,
death, dishonorable discharge, bad-conduct discharge, or dismissal
during any period of confinement or parole.
(b) In a case involving an accused who has dependents, the
convening authority or other person acting under title 10, section 860,
may waive any or all of the forfeitures of pay and allowances required
by subsection (a) for a period not to exceed six months. Any amount of
pay or allowances that, except for a waiver under this subsection,
would be forfeited shall be paid, as the convening authority or other
person taking action directs, to the dependents of the accused.
(c) If the sentence of a member who forfeits pay and allowances
under subsection (a) is set aside or disapproved or, as finally
approved, does not provide for a punishment referred to in subsection
(a), the member shall be paid the pay and allowances which the member
would have been paid, except for the forfeiture, for the period during
which the forfeiture was in effect.
Sec. 8093. None of the funds made available in this Act under the
heading ``Procurement of Ammunition, Army'' may be obligated or
expended for the procurement of munitions unless such acquisition fully
complies with the Competition in Contracting Act.
Sec. 8094. Six months after the date of enactment of this Act the
General Accounting Office shall report to the Committees on
Appropriations of the Senate and the House of Representatives on any
changes in Department of Defense commissary access policy, including
providing reservists additional or new privileges, and addressing the
financial impact on the commissaries as a result of any policy changes.
Sec. 8095. The Secretary of Defense shall develop and provide to
the congressional defense committees an Electronic Combat Master Plan
to establish an optimum infrastructure for electronic combat assets no
later than March 31, 1996.
Sec. 8096. The Secretary of Defense and the Secretary of the Army
shall reconsider the decision not to include the infantry military
occupational specialty among the military skills and specialties for
which special pays are provided under the Selected Reserve Incentive
Program.
SEC. 8097. INTERIM LEASES OF PROPERTY APPROVED FOR CLOSURE OR
REALIGNMENT.
Section 2667(f) of title 10, United States Code, is amended by
adding at the end the following:
``(4)(A) Notwithstanding the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the scope of any environmental impact
analysis necessary to support an interim lease of property under this
subsection shall be limited to the environmental consequences of
activities authorized under the proposed lease and the cumulative
impacts of other past, present, and reasonably foreseeable future
actions during the period of the proposed lease.
``(B) Interim leases entered into under this subsection shall be
deemed not to prejudice the final property disposal decision, even if
final property disposal may be delayed until completion of the interim
lease term. An interim lease under this subsection shall not be entered
into without prior consultation with the redevelopment authority
concerned.
``(C) The provisions of subparagraphs (A) and (B) shall not apply
to an interim lease under this subsection if authorized activities
under the lease would--
``(i) significantly effect the quality of the human
environment; or
``(ii) irreversibly alter the environment in a way that
would preclude any reasonable disposal alternative of the
property concerned.''.
Sec. 8098. (a) If, on February 18, 1996, the Secretary of the Navy
has not certified in writing to the Committees on Appropriations of the
Senate and the House of Representatives that--
(1) the Secretary has restructured the new attack submarine
program to provide for--
(A) procurement of the lead vessel under the
program from General Dynamics Corporation Electric Boat
Division (hereafter in this section referred to as
``Electric Boat Division'') beginning in fiscal year
1998 (subject to the price offered by Electric Boat
Division being determined fair and reasonable by the
Secretary),
(B) procurement of the second vessel under the
program from Newport News Shipbuilding and Drydock
Company beginning in fiscal year 1999 (subject to the
price offered by Newport News Shipbuilding and Drydock
Company being determined fair and reasonable by the
Secretary), and
(C) procurement of other vessels under the program
under one or more contracts that are entered into after
competition between Electric Boat Division and Newport
News Shipbuilding and Drydock Company for which the
Secretary shall solicit competitive proposals and award
the contract or contracts on the basis of price, and
(2) the Secretary has directed, as set forth in detail in
such certification that--
(A) no action is to be taken to terminate or to
fail to extend either the existing Planning Yard
contract for the Trident class submarines or the
existing Planning Yard contract for the SSN-688 Los
Angeles class submarines except by reason of a breach
of contract by the contractor or an insufficiency of
appropriations,
(B) no action is to be taken to terminate any
existing Lead Design Yard contract for the SSN-21
Seawolf class submarines or for the SSN-688 Los Angeles
class submarines, except by reason of a breach of
contract by the contractor or an insufficiency of
appropriations,
(C) both Electric Boat Division and Newport News
Shipbuilding and Drydock Company are to have access to
sufficient information concerning the design of the new
attack submarine to ensure that each is capable of
constructing the new attack submarine, and
(D) no action is to be taken to impair the design,
engineering, construction, and maintenance competencies
of either Electric Boat Division or Newport News
Shipbuilding and Drydock Company to construct the new
attack submarine,
then, funds appropriated in title III under the heading ``Shipbuilding
and Conversion, Navy'' may not be obligated for the SSN-21 attack
submarine program or for the new attack submarine program (NSSN-1 and
NSSN-2).
(b) Funds referred to in subsection (a) for procurement of the lead
and second vessels under the new attack submarine program may not be
expended during fiscal year 1996 for the lead vessel under that program
(other than for class design) unless funds are obligated or expended
during such fiscal year for a contract in support of procurement of the
second vessel under the program.
SEC. 8099. LIMITATION ON USE OF FUNDS FOR COOPERATIVE THREAT REDUCTION.
(a) Limitation.--Of the funds available under title II under the
heading ``Former Soviet Union Threat Reduction'' for dismantlement and
destruction of chemical weapons, not more than $52,000,000 may be
obligated or expended for that purpose until the President certifies to
Congress the following:
(1) That the United States and Russia have completed a
joint laboratory study evaluating the proposal of Russia to
neutralize its chemical weapons and the United States agrees
with the proposal.
(2) That Russia is in the process of preparing, with the
assistance of the United States as necessary, a comprehensive
plan to manage the dismantlement and destruction of the Russia
chemical weapons stockpile.
(3) That the United States and Russia are committed to
resolving outstanding issues under the 1989 Wyoming Memorandum
of Understanding and the 1990 Bilateral Destruction Agreement.
(b) Definitions.--In this section:
(1) The term ``1989 Wyoming Memorandum of Understanding''
means the Memorandum of Understanding between the Government of
the United States of America and the Government of the Union of
Soviet Socialist Republics Regarding a Bilateral Verification
Experiment and Data Exchange Related to Prohibition on Chemical
Weapons, signed at Jackson Hole, Wyoming, on September 23,
1989.
(2) The term ``1990 Bilateral Destruction Agreement'' means
the Agreement between the United States of America and the
Union of Soviet Socialist Republics on destruction and non-
production of chemical weapons and on measures to facilitate
the multilateral convention on banning chemical weapons signed
on June 1, 1990.
SEC. 8100. SENSE OF SENATE REGARDING UNDERGROUND NUCLEAR TESTING.
(a) Findings.--The Senate makes the following findings:
(1) The President of France stated on June 13, 1995, that
the Republic of France plans to conduct eight nuclear test
explosions over the next several months.
(2) The People's Republic of China continues to conduct
underground nuclear weapons tests.
(3) The United States, France, Russia, and Great Britain
have observed a moratorium on nuclear testing since 1992.
(4) A resumption of testing by the Republic of France could
result in the disintegration of the current testing moratorium
and a renewal of underground testing by other nuclear weapon
states.
(5) A resumption of nuclear testing by the Republic of
France raises serious environmental and health concerns.
(6) The United Nations Conference on Disarmament presently
is meeting in Geneva, Switzerland, for the purpose of
negotiating a Comprehensive Nuclear Test Ban Treaty (CTBT),
which would halt permanently the practice of conducting nuclear
test explosions.
(7) Continued underground weapons testing by the Republic
of France and the People's Republic of China undermines the
efforts of the international community to conclude a CTBT by
1996, a goal endorsed by 175 nations, at the recently completed
NPT Extension and Review Conference (the conference for the
extension and review of the Nuclear Non-Proliferation Treaty).
(b) Sense of the Senate.--It is the sense of the Senate that the
Republic of France and the People's Republic of China should abide by
the current international moratorium on nuclear test explosions and
refrain from conducting underground nuclear tests in advance of a
Comprehensive Test Ban Treaty.
SEC. 8101. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.
(a) Approval Beyond Low-Rate Initial Production.--The Secretary of
Defense may not approve a theater missile defense interceptor program
beyond the low-rate initial production acquisition stage until the
Secretary certifies to the congressional defense committees that the
program--
(1) has successfully completed initial operational test and
evaluation; and
(2) involves a suitable and effective system.
(b) Certification Requirements.--(1) In order to be certified under
subsection (a), the initial operational test and evaluation conducted
with respect to a program shall include flight tests--
(A) that were conducted with multiple interceptors and
multiple targets in the presence of realistic countermeasures;
and
(B) the results of which demonstrate the achievement of
baseline performance thresholds by such interceptors.
(2) The Director of Operational Test and Evaluation shall specify
the number of flight tests required with respect to a program under
paragraph (1) in order to make a certification referred to in
subsection (a).
(3) The Secretary may utilize modeling and simulation validated by
ground and flight testing in order to augment flight testing to
demonstrate weapons system performance for purposes of a certification
under subsection (a).
(c) Reports.--(1) The Director of Operational Test and Evaluation
and the head of the Ballistic Missile Defense Organization shall
include in the annual reports to Congress of such officials plans to
test adequately theater missile defense interceptor programs throughout
the acquisition process.
(2) As each theater missile defense system progresses through the
acquisition process, the officials referred to in paragraph (1) shall
include in the annual reports to Congress of such officials an
assessment of the extent to which such programs satisfy the planned
test objectives for such programs.
(d) Definition.--For purposes of this section, the baseline
performance thresholds for a program are the weapon system performance
thresholds specified in the baseline description for the weapon system
established pursuant to section 2435(a)(1) of title 10, United States
Code, before the program entered into the engineering and manufacturing
development stage.
SEC. 8102. ELIGIBILITY FOR DEFENSE DUAL-USE ASSISTANCE EXTENSION
PROGRAM.
Section 2524(e) of title 10, United States Code, is amended--
(1) in paragraph (3), by striking out ``at least 25 percent
of the value of the borrower's sales during the preceding
year'' in the matter preceding subparagraph (A) and inserting
in lieu thereof ``at least 25 percent of the amount equal to
the average value of the borrower's sales during the preceding
5 fiscal years'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) A borrower that meets the selection criteria set forth in
paragraph (2) and subsection (f) is also eligible for a loan guarantee
under subsection (b)(3) if the borrower is a former defense worker
whose employment as such a worker was terminated as a result of a
reduction in expenditures by the United States for defense, the
termination or cancellation of a defense contract, the failure to
proceed with an approved major weapon system, the merger or
consolidation of the operations of a defense contractor, or the closure
or realignment of a military installation.''.
This Act may be cited as the ``Department of Defense Appropriations
Act, 1996''.
Attest:
Secretary.
104th CONGRESS
1st Session
H. R. 2126
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