[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2126 Public Print (PP)]
1st Session
H. R. 2126
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 12, 1995
Ordered to be printed with the amendments of the Senate numbered
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 1996, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
(1)<DELETED>That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1996, for military functions administered by the
Department of Defense, and for other purposes, namely:
<DELETED>TITLE I</DELETED>
<DELETED>MILITARY PERSONNEL</DELETED>
<DELETED>Military Personnel, Army</DELETED>
<DELETED> 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;
$19,884,608,000.</DELETED>
<DELETED>Military Personnel, Navy</DELETED>
<DELETED> 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;
$17,006,363,000.</DELETED>
<DELETED>Military Personnel, Marine Corps</DELETED>
<DELETED> 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; $5,928,340,000.</DELETED>
<DELETED>Military Personnel, Air Force</DELETED>
<DELETED> 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;
$17,294,620,000.</DELETED>
<DELETED>Reserve Personnel, Army</DELETED>
<DELETED> For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Reserve on
active duty under sections 10211, 10302, and 3038 of title 10, United
States Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing duty
specified in section 12310(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 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund; $2,122,566,000.</DELETED>
<DELETED>Reserve Personnel, Navy</DELETED>
<DELETED> For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve on
active duty under section 10211 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(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 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$1,350,023,000.</DELETED>
<DELETED>Reserve Personnel, Marine Corps</DELETED>
<DELETED> For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(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 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$366,101,000.</DELETED>
<DELETED>Reserve Personnel, Air Force</DELETED>
<DELETED> For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10, United
States Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing duty
specified in section 12310(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 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund; $783,586,000.</DELETED>
<DELETED>National Guard Personnel, Army</DELETED>
<DELETED> For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National Guard
while on duty under section 10211, 10302, or 12402 of title 10 or
section 708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified in
section 12310(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 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund; $3,240,858,000.</DELETED>
<DELETED>National Guard Personnel, Air Force</DELETED>
<DELETED> For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National Guard on
duty under section 10211, 10305, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(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 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund;
$1,254,827,000.</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>OPERATION AND MAINTENANCE</DELETED>
<DELETED>Operation and Maintenance, Army</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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; $18,998,131,000 and, in addition,
$50,000,000 shall be derived by transfer from the National Defense
Stockpile Transaction Fund.</DELETED>
<DELETED>Operation and Maintenance, Navy</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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;
$20,846,710,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction
Fund.</DELETED>
<DELETED>Operation and Maintenance, Marine Corps</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Marine Corps, as authorized by
law; $2,508,822,000.</DELETED>
<DELETED>Operation and Maintenance, Air Force</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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;
$18,873,793,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction
Fund.</DELETED>
<DELETED>Operation and Maintenance, Defense-Wide</DELETED>
<DELETED> 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; $9,908,810,000, 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.</DELETED>
<DELETED>Operation and Maintenance, Army Reserve</DELETED>
<DELETED> 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; $1,119,191,000.</DELETED>
<DELETED>Operation and Maintenance, Navy Reserve</DELETED>
<DELETED> 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; $841,565,000: Provided, That of the
funds appropriated in this paragraph, $19,000,000 shall not be
obligated or expended until authorized by law.</DELETED>
<DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>
<DELETED> 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; $102,079,000: Provided, That of the
funds appropriated in this paragraph, $13,000,000 shall not be
obligated or expended until authorized by law.</DELETED>
<DELETED>Operation and Maintenance, Air Force Reserve</DELETED>
<DELETED> 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; $1,519,287,000: Provided, That of the
funds appropriated in this paragraph, $11,840,000 shall not be
obligated or expended until authorized by law.</DELETED>
<DELETED>Operation and Maintenance, Army National Guard</DELETED>
<DELETED> 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); $2,334,487,000.</DELETED>
<DELETED>Operation and Maintenance, Air National Guard</DELETED>
<DELETED> 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; $2,737,221,000: Provided, That of the funds appropriated in
this paragraph, $3,000,000 shall not be obligated or expended until
authorized by law.</DELETED>
<DELETED>United States Court of Appeals for the Armed Forces</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Environmental Restoration, Defense</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the Department of Defense; $1,422,200,000, 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 as the Secretary may designate, to be merged with
and to be available for the same purposes and for the same time period
as the appropriations of funds to which transferred: 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.</DELETED>
<DELETED>Summer Olympics</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>
<DELETED> For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402, 404,
2547, and 2551 of title 10, United States Code); $50,000,000.</DELETED>
<DELETED>Former Soviet Union Threat Reduction</DELETED>
<DELETED> 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 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; $200,000,000 to remain available
until expended.</DELETED>
<DELETED>TITLE III</DELETED>
<DELETED>PROCUREMENT</DELETED>
<DELETED>Aircraft Procurement, Army</DELETED>
<DELETED> 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; $1,468,067,000, to remain available for obligation until
September 30, 1998: Provided, That of the funds appropriated in this
paragraph, $45,000,000 shall not be obligated or expended until
authorized by law.</DELETED>
<DELETED>Missile Procurement, Army</DELETED>
<DELETED> 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; $842,830,000, to remain available for obligation until
September 30, 1998.</DELETED>
<DELETED>Procurement of Weapons and Tracked Combat Vehicles,
Army</DELETED>
<DELETED> 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; $1,616,964,000, to remain available for obligation until
September 30, 1998: Provided, That of the funds appropriated in this
paragraph, $257,300,000 shall not be obligated or expended until
authorized by law.</DELETED>
<DELETED>Procurement of Ammunition, Army</DELETED>
<DELETED> 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; $1,019,315,000, to remain available for
obligation until September 30, 1998.</DELETED>
<DELETED>Other Procurement, Army</DELETED>
<DELETED> 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; $2,570,125,000, to remain
available for obligation until September 30, 1998: Provided, That of
the funds appropriated in this paragraph, $24,538,000 shall not be
obligated or expended until authorized by law.</DELETED>
<DELETED>Aircraft Procurement, Navy</DELETED>
<DELETED> 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; $4,310,703,000, to remain available for obligation
until September 30, 1998: Provided, That of the funds appropriated in
this paragraph, $204,215,000 shall not be obligated or expended until
authorized by law.</DELETED>
<DELETED>Weapons Procurement, Navy</DELETED>
<DELETED> For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, 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; $1,736,211,000, to remain available
for obligation until September 30, 1998: Provided, That of the funds
appropriated in this paragraph, $109,800,000 shall not be obligated or
expended until authorized by law.</DELETED>
<DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>
<DELETED> 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; $483,779,000, to remain available for
obligation until September 30, 1998: Provided, That of the funds
appropriated in this paragraph, $22,000,000 shall not be obligated or
expended until authorized by law.</DELETED>
<DELETED>Shipbuilding and Conversion, Navy</DELETED>
<DELETED> 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 therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; $5,577,958,000, 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.</DELETED>
<DELETED>Other Procurement, Navy</DELETED>
<DELETED> 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; $2,480,670,000, to
remain available for obligation until September 30, 1998: Provided,
That of the funds appropriated in this paragraph, $19,198,000 shall not
be obligated or expended until authorized by law.</DELETED>
<DELETED>Procurement, Marine Corps</DELETED>
<DELETED> 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; $480,852,000, to remain
available for obligation until September 30, 1998: Provided, That of
the funds appropriated in this paragraph, $81,605,000 shall not be
obligated or expended until authorized by law.</DELETED>
<DELETED>Aircraft Procurement, Air Force</DELETED>
<DELETED> 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; $7,140,703,000, to remain
available for obligation until September 30, 1998: Provided, That of
the funds appropriated in this paragraph, $130,651,000 shall not be
obligated or expended until authorized by law.</DELETED>
<DELETED>Missile Procurement, Air Force</DELETED>
<DELETED> For construction, procurement, and modification of
missiles, spacecraft, rockets, 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; $3,223,265,000, to remain available for obligation until
September 30, 1998.</DELETED>
<DELETED>Procurement of Ammunition, Air Force</DELETED>
<DELETED> 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; $321,328,000, to remain available for
obligation until September 30, 1998.</DELETED>
<DELETED>Other Procurement, Air Force</DELETED>
<DELETED> 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; 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; $6,508,425,000, to remain available for obligation until
September 30, 1998.</DELETED>
<DELETED>Procurement, Defense-Wide</DELETED>
<DELETED> 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; $2,187,085,000, to
remain available for obligation until September 30, 1998.</DELETED>
<DELETED>National Guard and Reserve Equipment</DELETED>
<DELETED> For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement for the
reserve components of the Armed Forces; $908,125,000, to remain
available for obligation until September 30, 1998: Provided, That of
the funds appropriated in this paragraph, $138,125,000 shall not be
obligated or expended until authorized by law.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>RESEARCH, DEVELOPMENT, TEST AND EVALUATION</DELETED>
<DELETED>Research, Development, Test and Evaluation, Army</DELETED>
<DELETED> 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; $4,742,150,000, to remain available for obligation
until September 30, 1997.</DELETED>
<DELETED>Research, Development, Test and Evaluation, Navy</DELETED>
<DELETED> 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; $8,715,481,000, to remain available for obligation
until September 30, 1997: Provided, That none of the funds appropriated
in this paragraph may be obligated or expended to develop or purchase
equipment for an Aegis destroyer variant (commonly known as ``Flight
IIA'') whose initial operating capability is budgeted to be achieved
prior to the initial operating capability of the Ship Self-Defense
program, nor to develop sensor, processor, or display capabilities
which duplicate in any way those being developed in the Ship Self-
Defense program: Provided further, That funds appropriated in this
paragraph for development of the LPD-17 ship may not be obligated
unless the baseline design of the ship includes cooperative engagement
capability and sufficient own-ship self-defense capability against
advanced sea-skimming antiship cruise missiles in the baseline design
to achieve an estimated probability of survival from attack by such
missiles at a level no less than any other Navy ship: Provided further,
That funds appropriated in this paragraph which are available for the
V-22 may be used to meet unique requirements of the Special Operations
Forces: Provided further, That of the funds appropriated in this
paragraph, $189,972,000 shall not be obligated or expended until
authorized by law.</DELETED>
<DELETED>Research, Development, Test and Evaluation, Air
Force</DELETED>
<DELETED> 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; $13,110,335,000, to remain available for obligation
until September 30, 1997: Provided, That of the funds made available in
this paragraph, $50,000,000 shall be only for development of reusable
launch vehicle technologies.</DELETED>
<DELETED>Research, Development, Test and Evaluation, Defense-
Wide</DELETED>
<DELETED> 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;
$9,029,666,000, to remain available for obligation until September 30,
1997: Provided, That not less than $170,000,000 of the funds
appropriated in this paragraph shall be made available only for the
Sea-Based Wide Area Defense (Navy Upper-Tier) program.</DELETED>
<DELETED>Developmental Test and Evaluation, Defense</DELETED>
<DELETED> 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; $259,341,000, to remain available for
obligation until September 30, 1997: Provided, That of the funds
appropriated in this paragraph, $20,000,000 shall not be obligated or
expended until authorized by law.</DELETED>
<DELETED>Operational Test and Evaluation, Defense</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE V</DELETED>
<DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>
<DELETED>Defense Business Operations Fund</DELETED>
<DELETED> For the Defense Business Operations Fund; $1,573,800,000:
Provided, That of this amount, $695,100,000 shall be available only for
the liquidation of prior year accumulated operating losses of the
Department of the Navy: Provided further, That of the funds
appropriated in this paragraph, $695,100,000 shall not be obligated or
expended until authorized by law.</DELETED>
<DELETED>National Defense Sealift Fund</DELETED>
<DELETED> For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App 1744); $974,220,000, to remain available until expended:
Provided, That none of the funds provided in this paragraph shall be
used to award a new contract that provides for the acquisition of any
of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all ship-board services; propulsion system components (that
is; engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive this restriction
on a case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate, that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national security
purposes.</DELETED>
<DELETED>TITLE VI</DELETED>
<DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>
<DELETED>Defense Health Program</DELETED>
<DELETED> For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense, as authorized by
law; $10,205,158,000, of which $9,917,125,000 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 the Department shall continue to competitively contract
during fiscal year 1996 for mail service pharmacy for at least two
multi-state regions in addition to the ongoing solicitations for
Florida, South Carolina, Georgia, Delaware, New Jersey, Pennsylvania,
and Hawaii, as well as each base closure area not supported by an at-
risk managed care plan; that such services shall be procured
independent of any other Department managed care contracts; that one
multi-state region shall include the State of Kentucky and that one
multi-state region shall include the State of New Mexico: Provided,
That of the funds appropriated in this paragraph, $40,600,000 shall not
be obligated or expended until authorized by law.</DELETED>
<DELETED>Chemical Agents and Munitions Destruction, Defense</DELETED>
<DELETED> 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, $746,698,000, of which
$393,850,000 shall be for Operation and maintenance, $299,448,000 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.</DELETED>
<DELETED>Drug Interdiction and Counter-Drug Activities,
Defense</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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; $688,432,000: Provided, 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: Provided further, That of the funds
appropriated in this paragraph, $8,000,000 shall not be obligated or
expended until authorized by law.</DELETED>
<DELETED>Office of the Inspector General</DELETED>
<DELETED> 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; $178,226,000, of which $177,226,000 shall be for
Operation and maintenance, of which not to exceed $400,000 is available
for emergencies and extraordinary expenses to be expended on the
approval or authority of the Inspector General, and payments may be
made on his certificate of necessity for confidential military
purposes; and of which $1,000,000 to remain available until September
30, 1998, shall be for Procurement.</DELETED>
<DELETED>TITLE VII</DELETED>
<DELETED>RELATED AGENCIES</DELETED>
<DELETED>Central Intelligence Agency Retirement and Disability System
Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>National Security Education Trust Fund</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> Of the funds made available under this heading in Public
Law 102-172, Public Law 103-50, Public Law 103-139, and Public Law 103-
335, $78,100,000 are rescinded: Provided, That the balance of funds in
the National Security Education Trust Fund (established pursuant to
section 804 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1904)), other than such amount as is necessary for
obligations made before the date of the enactment of this Act, is
hereby reduced to zero: Provided further, That no outlay may be made
from the Fund after the date of the enactment of this Act other than to
liquidate an obligation made before such date and upon liquidation of
all such obligations made before such date, the Fund shall be closed:
Provided further, That no obligation may be made from the Fund after
the date of the enactment of this Act.</DELETED>
<DELETED>Intelligence Community Management Account</DELETED>
<DELETED> For necessary expenses of the Intelligence Community
Management Account; $75,683,000.</DELETED>
<DELETED>TITLE VIII</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized
by the Congress.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 8004. No more than 20 per centum of the
appropriations in this Act which are limited for obligation during a
single fiscal year shall be obligated during the last two months of
such 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.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> 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 $2,000,000,000 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 only for valid Ship Cost Adjustments related to the
Shipbuilding and Construction, Navy Appropriation such authority to
transfer may be used to transfer funds made available in this or any
previous Department of Defense Appropriations Act subject to the same
conditions required elsewhere in this paragraph: 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.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 8008. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.</DELETED>
<DELETED> Sec. 8009. None of the funds contained in this Act
available for the Civilian Health and Medical Program of the Uniformed
Services shall be available for payments to physicians and other non-
institutional health care providers in excess of the amounts allowed in
fiscal year 1995 for similar services, except that: (a) for services
for which the Secretary of Defense determines an increase is justified
by economic circumstances, the allowable amounts may be increased in
accordance with appropriate economic index data similar to that used
pursuant to title XVIII of the Social Security Act; and (b) for
services the Secretary determines are overpriced based on allowable
payments under title XVIII of the Social Security Act, the allowable
amounts shall be reduced by not more than 15 percent (except that the
reduction may be waived if the Secretary determines that it would
impair adequate access to health care services for beneficiaries). The
Secretary shall solicit public comment prior to promulgating
regulations to 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.</DELETED>
<DELETED> 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
congressional defense committees have been notified at least thirty
days in advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available to
initiate a multiyear contract for which the economic order quantity
advance procurement is not funded at least to the limits of the
Government's liability: Provided further, That no part of any
appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or 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 congressional defense committees: 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.</DELETED>
<DELETED> Funds appropriated in title III of this Act may be used
for multiyear procurement contracts as follows:</DELETED>
<DELETED> E-2C aircraft;</DELETED>
<DELETED> AV-8B aircraft remanufacture;</DELETED>
<DELETED> T-45 aircraft.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 8012. (a) During fiscal year 1996, the civilian
personnel of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during that
fiscal year shall not be subject to any constraint or limitation (known
as an end-strength) on the number of such personnel who may be employed
on the last day of such fiscal year.</DELETED>
<DELETED> (b) 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 1997.</DELETED>
<DELETED> (c) Nothing in this section shall be construed to apply to
military (civilian) technicians.</DELETED>
<DELETED> Sec. 8013. 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.</DELETED>
<DELETED> Sec. 8014. 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.</DELETED>
<DELETED> Sec. 8015. None of the funds appropriated for the
Department of Defense during the current fiscal year and hereafter
shall be obligated for the pay of any individual who is initially
employed after the date of enactment of this Act as a technician in the
administration and training of the Army Reserve and the 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.</DELETED>
<DELETED> Sec. 8016. 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.</DELETED>
<DELETED> Sec. 8017. (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--
</DELETED>
<DELETED> (1) enlists in the armed services for a period of
active duty of less than three years; or</DELETED>
<DELETED> (2) receives an enlistment bonus under section
308a or 308f of title 37, United States Code,</DELETED>
<DELETED>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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 8018. Funds appropriated for the Department of
Defense during the current fiscal year and hereafter shall be available
for the payment of not more than 75 percent of the charges of a
postsecondary educational institution for the tuition or expenses of an
officer in the Ready Reserve of the Army National Guard or Army Reserve
for education or training during his off-duty 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.</DELETED>
<DELETED> Sec. 8019. 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.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 8020. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program developmental
assistance agreement pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
2301 note), as amended, under the authority of this provision or any
other transfer authority contained in this Act.</DELETED>
<DELETED> Sec. 8021. Of the funds appropriated to the Army,
$147,900,000 shall be available only for the Reserve Component
Automation System (RCAS): Provided, That none of these funds can be
expended--</DELETED>
<DELETED> (1) except as approved by the Chief of the
National Guard Bureau;</DELETED>
<DELETED> (2) unless RCAS resource management functions are
performed by the National Guard Bureau;</DELETED>
<DELETED> (3) to pay the salary of an RCAS program manager
who has not been selected and approved by the Chief of the
National Guard Bureau and chartered by the Chief of the
National Guard Bureau and the Secretary of the Army;</DELETED>
<DELETED> (4) unless the Program Manager (PM) charter makes
the PM accountable to the Chief of the National Guard Bureau
and fully defines his authority, responsibility, reporting
channels and organizational structure;</DELETED>
<DELETED> (5) to pay the salaries of individuals assigned to
the RCAS program management office unless such organization is
comprised of personnel chosen jointly by the Chiefs of the
National Guard Bureau and the Army Reserve;</DELETED>
<DELETED> (6) to pay contracted costs for the acquisition of
RCAS unless RCAS is an integrated system consisting of
software, hardware, and communications equipment and unless
such contract continues to preclude the use of Government
furnished equipment, operating systems, and executive
applications software; and</DELETED>
<DELETED> (7) unless RCAS performs its own classified
information processing:</DELETED>
<DELETED>Provided further, That notwithstanding any other provision of
law, none of the funds appropriated shall be available for procurement
of computers for the Army Reserve Component which are used to network
or expand the capabilities of existing or future information systems or
duplicate functions to be provided under the RCAS contract unless the
procurement meets the following criteria: (A) at sites scheduled to
receive RCAS equipment prior to September 30, 1995, RCAS ADP equipment
may be procured and only in the numbers and types allocated by the RCAS
program to each site; and at sites scheduled to receive RCAS equipment
after September 30, 1995, RCAS ADP equipment or ADP equipment from a
list of RCAS compatible equipment approved by the Chief of the National
Guard Bureau or his designee, may be procured and only in the numbers
and types allocated by the RCAS program to each site; (B) the
requesting organizational element has insufficient ADP equipment to
perform administrative functions but not to exceed the number of work
stations determined by the RCAS program for that site; (C) replacement
equipment will not exceed the minimum required to maintain the
reliability of existing capabilities; (D) replacement will be justified
on the basis of cost and feasibility of repairs and maintenance of
present ADP equipment as compared to the cost of replacement; and (E)
the procurement under this policy must be approved by the Chief of the
National Guard Bureau or his designee, provided that the procurement is
a one for one replacement action of existing equipment.</DELETED>
<DELETED> Sec. 8022. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section manufactured will include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 8023. 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.</DELETED>
<DELETED> Sec. 8024. 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.</DELETED>
<DELETED> Sec. 8025. 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 congressional defense committees, and the Committee
on International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate thirty days prior to the
conclusion and endorsement of any such agreement established under this
provision.</DELETED>
<DELETED> Sec. 8026. 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 M1 Garand rifles and M1 Carbines.</DELETED>
<DELETED> Sec. 8027. 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.</DELETED>
<DELETED> Sec. 8028. None of the funds appropriated by this Act 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.</DELETED>
<DELETED> Sec. 8029. None of the funds appropriated by this Act
shall be available for payments under the Department of Defense
contract with the Louisiana State University Medical Center involving
the use of cats for Brain Missile Wound Research, and the Department of
Defense shall not make payments under such contract from funds
obligated prior to the date of the enactment of this Act, except as
necessary for costs incurred by the contractor prior to the enactment
of this Act: Provided, That funds necessary for the care of animals
covered by this contract are allowed.</DELETED>
<DELETED> Sec. 8030. None of the funds provided in this Act or any
other Act shall be available to conduct bone trauma research at any
Army Research Laboratory until the Secretary of the Army certifies that
the synthetic compound to be used in the experiments is of such a type
that its use will result in a significant medical finding, the research
has military application, the research will be conducted in accordance
with the standards set by an animal care and use committee, and the
research does not duplicate research already conducted by a
manufacturer or any other research organization.</DELETED>
<DELETED> Sec. 8031. No more than $50,000 of the funds appropriated
or made available in this Act shall be used for any single relocation
of an organization, unit, activity or function of the Department of
Defense into or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and Senate that such a relocation is required
in the best interest of the Government.</DELETED>
<DELETED> Sec. 8032. 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--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) Federal service under section 331,
332, 333, 3500, or 8500 of title 10, or other provision
of law, as applicable, or</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) requests and is granted--</DELETED>
<DELETED> (A) leave under the authority of this
section; or</DELETED>
<DELETED> (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:</DELETED>
<DELETED>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.</DELETED>
<DELETED> Sec. 8033. 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.</DELETED>
<DELETED> Sec. 8034. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national or
international political or psychological activities.</DELETED>
<DELETED> Sec. 8035. 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.</DELETED>
<DELETED> Sec. 8036. 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.</DELETED>
<DELETED> Sec. 8037. (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> Sec. 8038. 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.</DELETED>
<DELETED> Sec. 8039. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 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.</DELETED>
<DELETED> Sec. 8040. (a) Funds appropriated in this Act to finance
activities of Department of Defense (DoD) Federally Funded Research and
Development Centers (FFRDCs) may not be obligated or expended for a
FFRDC if a member of its Board of Directors or Trustees simultaneously
serves on the Board of Directors or Trustees of a profit-making company
under contract to the Department of Defense unless the FFRDC has a DoD
approved conflict of interest policy for its members.</DELETED>
<DELETED> (b) Limitation on Compensation.--No employee or executive
officer of a defense FFRDC may be compensated at a rate exceeding
Executive Schedule Level I by that FFRDC.</DELETED>
<DELETED> (c) 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 may be
compensated for his or her services as a member of such entity 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 shall
be allowed travel expenses and per diem as authorized under the Federal
Joint Travel Regulations, when engaged in the performance of membership
duties.</DELETED>
<DELETED> (d) Notwithstanding any other provision of law, of the
amounts available to the Department of Defense during fiscal year 1996,
not more than $1,252,650,000 may be obligated for financing activities
of defense FFRDCs: Provided, That in addition to any other reductions
required by this section, the total amounts appropriated in titles II,
III, and IV of this Act to finance activities carried out by defense
FFRDCs and other entities providing consulting services, studies and
analyses, systems engineering and technical assistance, and technical
engineering and management support are hereby reduced by
$90,097,000.</DELETED>
<DELETED> Sec. 8041. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted and
rolled in the United States or Canada: Provided, That these procurement
restrictions shall apply to any and all Federal Supply Class 9515,
American Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military department
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national security
purposes: Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of enactment of this
Act.</DELETED>
<DELETED> Sec. 8042. 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.</DELETED>
<DELETED> Sec. 8043. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Appropriations of the Senate and the House of Representatives, the
subcommittee on National Security of the Committee on Appropriations
and the Committee on National Security of the House of Representatives,
and the Committee on Armed Services of the Senate.</DELETED>
<DELETED> Sec. 8044. 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.</DELETED>
<DELETED> Sec. 8045. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative, determines
that a foreign country which is party to an agreement described in
paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States that
are covered by the agreement, the Secretary of Defense shall rescind
the Secretary's blanket waiver of the Buy American Act with respect to
such types of products produced in that foreign country.</DELETED>
<DELETED> (2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary of
Defense has prospectively waived the Buy American Act for certain
products in that country.</DELETED>
<DELETED> (b) The Secretary of Defense shall submit to Congress a
report on the amount of Department of Defense purchases from foreign
entities in fiscal year 1996. Such report shall separately indicate the
dollar value of items for which the Buy American Act was waived
pursuant to any agreement described in subsection (a)(2), the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international
agreement to which the United States is a party.</DELETED>
<DELETED> (c) For purposes of this section, 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.).</DELETED>
<DELETED> Sec. 8046. Notwithstanding any other provision of law, the
Secretary of Defense may, when he considers it in the best interest of
the United States, cancel any part of an indebtedness, up to $2,500,
that is or was owed to the United States by a member or former member
of a uniformed service if such indebtedness, as determined by the
Secretary, was incurred in connection with Operation Desert Shield/
Storm: Provided, That the amount of an indebtedness previously paid by
a member or former member and cancelled under this section shall be
refunded to the member.</DELETED>
<DELETED> Sec. 8047. 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.</DELETED>
<DELETED> Sec. 8048. During the current fiscal year and thereafter,
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).</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 8049. Amounts deposited during the current fiscal
year 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.</DELETED>
<DELETED> Sec. 8050. 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.</DELETED>
<DELETED> Sec. 8051. None of the funds available in this Act may be
used to support in any manner, including travel or other related
expenses, the ``Tailhook Association''.</DELETED>
<DELETED> Sec. 8052. The President shall include with each budget
for a fiscal year submitted to the Congress under section 1105 of title
31, United States Code, materials that shall identify clearly and
separately the amounts requested in the budget for appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, and
the Defense Agencies.</DELETED>
<DELETED> Sec. 8053. 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.</DELETED>
<DELETED> Sec. 8054. During the current fiscal year and thereafter,
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 which are
available for the pay of reserve component personnel.</DELETED>
<DELETED> Sec. 8055. Of the funds appropriated or otherwise made
available by this Act, not more than $119,200,000 shall be available
for payment of the operating costs of NATO Headquarters.</DELETED>
<DELETED> Sec. 8056. During the current fiscal year, appropriations
which are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $50,000.</DELETED>
<DELETED> Sec. 8057. During the current fiscal year and thereafter,
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.</DELETED>
<DELETED> Sec. 8058. (a) During the current fiscal year, none of the
appropriations or funds available to the Defense Business Operations
Fund shall be used for the purchase of an investment item for the
purpose of acquiring a new inventory item for sale or anticipated sale
during the current fiscal year or a subsequent fiscal year to customers
of the Defense Business Operations Fund if such an item would not have
been chargeable to the Defense Business Operations Fund during fiscal
year 1994 and if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations made to the
Department of Defense for procurement.</DELETED>
<DELETED> (b) 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 shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded in a
procurement appropriation contained in this Act shall be budgeted for
in a proposed fiscal year 1997 procurement appropriation and not in the
supply management business area or any other area or category of the
Defense Business Operations Fund.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 8060. 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.</DELETED>
<DELETED> Sec. 8061. None of the funds appropriated by this Act
shall be available for payment of the compensation of personnel
assigned to or serving in the National Foreign Intelligence Program in
excess of 92 percent of such personnel actually assigned to or serving
in the National Foreign Intelligence Program on September 30, 1992:
Provided, That in making any reduction in the number of such personnel
that may be required pursuant to this section, the percentage of
reductions to Senior Intelligence Service positions shall be equal to
or exceed the percentage of reductions to non-Senior Intelligence
Service positions: Provided further, That in making any reduction in
the number of such personnel that may be required pursuant to this
section, the percentage of reductions to positions in the National
Capital Region shall be equal to or exceed the percentage of reductions
to positions outside of the National Capital Region.</DELETED>
<DELETED> Sec. 8062. None of the funds provided by this Act may be
used to pay the salaries of any person or persons who authorize the
transfer of obligated and deobligated appropriations into the Reserve
for Contingencies of the Central Intelligence Agency.</DELETED>
<DELETED> Sec. 8063. 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.</DELETED>
<DELETED> Sec. 8064. The classified Annex prepared by the Committee
on Appropriations to accompany the report on the Department of Defense
Appropriations Act, 1996 is hereby incorporated into this Act:
Provided, That the amounts specified in the classified Annex are not in
addition to amounts appropriated by other provisions of this Act:
Provided further, That the President shall provide for appropriate
distribution of the classified Annex, or of appropriate portions of the
classified Annex, within the executive branch of the
Government.</DELETED>
<DELETED> Sec. 8065. 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.</DELETED>
<DELETED> Sec. 8066. Notwithstanding any other provision of law,
funds appropriated in this Act for the High Performance Computing
Modernization Program shall be made available only for the acquisition
and sustainment of operations, including maintenance of the
supercomputing and related networking capability at (1) the DOD Science
and Technology sites under the cognizance of the DDR&E, (2) the DOD
Test and Evaluation centers under the Director, Test and Evaluation,
OUSD (A&T), and (3) the Ballistic Missile Defense Organization:
Provided, That the contracts, contract modifications, or contract
options are awarded competitively solely upon the requirements of the
users.</DELETED>
<DELETED> Sec. 8067. 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).</DELETED>
<DELETED> Sec. 8068. None of the funds appropriated in this Act may
be used to fill the commander's position at any military medical
facility with a health care professional unless the prospective
candidate can demonstrate professional administrative skills.</DELETED>
<DELETED> Sec. 8069. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless the
entity, in expending the funds, complies with 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.).</DELETED>
<DELETED> (b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing a ``Made
in America'' inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United States
Code, whether the person should be debarred from contracting with the
Department of Defense.</DELETED>
<DELETED> Sec. 8070. 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--</DELETED>
<DELETED> (1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work, or</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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:</DELETED>
<DELETED>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.</DELETED>
<DELETED> Sec. 8071. 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.</DELETED>
<DELETED> Sec. 8072. (a) None of the funds made available by this
Act may be obligated for design, development, acquisition, or operation
of more than 47 Titan IV expendable launch vehicles, or for satellite
mission-model planning for a Titan IV requirement beyond 47
vehicles.</DELETED>
<DELETED> (b) $115,226,000 made available in this Act for Research,
Development, Test and Evaluation, Air Force, may only be obligated for
development of a new family of medium-lift and heavy-lift expendable
launch vehicles evolved from existing technologies.</DELETED>
<DELETED> Sec. 8073. No funds available to the Department of Defense
in this Act may be used to establish additional field operating
agencies of any element of the Department during fiscal year 1996,
except for field operating agencies funded within the National Foreign
Intelligence Program.</DELETED>
<DELETED> Sec. 8074. Notwithstanding any other provision of law, for
resident classes entering the war colleges after September 30, 1996,
the Department of Defense shall require that not less than 20 percent
of the total of United States military students at each war college
shall be from military departments other than the hosting military
department: Provided, That each military department will recognize the
attendance at a sister military department war college as the
equivalent of attendance at its own war college for promotion and
advancement of personnel.</DELETED>
<DELETED> Sec. 8075. 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 $200,000 per year.</DELETED>
<DELETED> Sec. 8076. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian)
technicians of the Army National Guard, the Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or
reduction on military (civilian) technicians, unless such reductions
are a direct result of a reduction in military force
structure.</DELETED>
<DELETED> Sec. 8077. 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
12602 (a)(2) and (b)(2) of title 10, United States Code.</DELETED>
<DELETED> Sec. 8078. 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 for 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.</DELETED>
<DELETED> Sec. 8079. (a) No project for the construction of any
facility, or improvement to any facility, having an estimated Federal
cost in excess of $750,000, may be undertaken in any fiscal year unless
specifically identified as a separate item in the President's annual
fiscal year budget request or otherwise specifically authorized and
appropriated if such facility or improvement would be used primarily by
personnel of the intelligence community.</DELETED>
<DELETED> (b) As used in this section, the term ``intelligence
community'' has the same meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).</DELETED>
<DELETED> Sec. 8080. The Secretary of Defense, from within funds
provided in this Act, may obligate not to exceed $75,000 to fulfill
Department of Defense obligations under the Educational Loan Repayment
Programs for State-sponsored student loan programs not covered under
title IV, part B or E of the Higher Education Act of 1965 (title 20
U.S.C. 1071-1087).</DELETED>
<DELETED> Sec. 8081. 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.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 8082. None of the funds appropriated in this Act may
be transferred to or obligated from the Pentagon Reservation
Maintenance Revolving Fund, unless the Secretary of Defense certifies
that the total cost for the planning design, construction and
installation of equipment for the renovation of the Pentagon
Reservation will not exceed $1,218,000,000.</DELETED>
<DELETED> Sec. 8083. (a) None of the funds available to the
Department of Defense for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.</DELETED>
<DELETED> (b) None of the funds available to the Central
Intelligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 8084. Appropriations available in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' for increasing
energy and water efficiency in Federal buildings may, during their
period of availability, be transferred to other appropriations or funds
of the Department of Defense for projects related to increasing energy
and water efficiency, to be merged with and to be available for the
same general purposes, and for the same time period, as the
appropriation or fund to which transferred.</DELETED>
<DELETED> Sec. 8085. Funds in the amount of $61,300,000 received
during fiscal year 1996 by the Department of the Air Force pursuant to
the ``Memorandum of Agreement between the National Aeronautics and
Space Administration and the United States Air Force on Titan IV/
Centaur Launch Support for the Cassini Mission,'' signed September 8,
1994, and September 23, 1994, and Attachments A, B and C to the
Memorandum, shall be merged with appropriations available for research,
development, test and evaluation and procurement for fiscal year 1996,
and shall be available for the same time period as the appropriation
with which merged, and shall be available for obligation only for those
Titan IV vehicles and Titan IV-related activities under contract as of
the date of enactment of this Act, as well as on the follow-on launch
services and program sustaining support contract to be awarded in
fiscal year 1996.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 8086. In addition to amounts appropriated or
otherwise made available by this Act, $44,000,000 is hereby
appropriated to the Department of Defense and shall be available only
for transfer to the United States Coast Guard for activities relating
to national security.</DELETED>
<DELETED> Sec. 8087. The total amount appropriated in title II, III,
and IV of this Act is hereby reduced by $30,000,000 for savings through
improved management of contractor automatic data processing costs
charged through indirect rates on Department of Defense acquisition
contracts.</DELETED>
<DELETED> Sec. 8088. (a) None of the funds appropriated in title III
of this Act may be obligated by the Department of Defense for
acquisition or advance procurement of any system or end item using
incremental funding.</DELETED>
<DELETED> (b) For purposes of this section, the term ``incremental
funding'' has the meaning provided in paragraph (3) of section 114(f)
of title 10, United States Code, as added by section 1007 of H.R. 1530
of the One Hundred Fourth Congress (the National Defense Authorization
Act for Fiscal Year 1996), as passed by the House of Representatives on
June 15, 1995.</DELETED>
<DELETED> (c) This section does not apply to an obligation that is
classified as an advance procurement for a system or end item that is
to be procured on a full funding basis.</DELETED>
<DELETED> Sec. 8089. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the United
States, unless the Secretary of Defense certifies to the congressional
defense committees that such an acquisition must be made in order to
acquire capability for national security purposes that is not available
from United States manufacturers.</DELETED>
<DELETED> Sec. 8090. None of the funds appropriated in this Act to
the Department of the Army may be obligated for procurement of 120mm
mortars or 120mm mortar ammunition manufactured outside of the United
States.</DELETED>
<DELETED> Sec. 8091. The Department of Defense shall release all
funds appropriated and available for the HAVE GAZE program to the
Department of the Air Force for obligation under existing contractual
arrangements.</DELETED>
<DELETED> Sec. 8092. Notwithstanding any other provision of law, (a)
funds available to the Navy in the Operation and Maintenance
appropriation for refueling overhauls and defueling inactivations of
nuclear-powered warships are available to transport the shipments of
naval spent nuclear fuel to the Idaho National Engineering Laboratory
needed for examination and storage to avoid threats to the national
security; and (b) the Secretary of the Navy is hereby authorized to
immediately commence and accomplish such transportation: Provided, That
the Secretary of Defense shall make the determination as to what
shipments are required for that purpose and shall ensure that the
shipments are made in accordance with the practices and requirements
applied to previous container shipments of naval spent fuel to the
Idaho National Engineering Laboratory: Provided further, That the
authority in this section shall expire on September 30, 1996 or upon
the vacation or stay of the current or any subsequent injunction issued
by the United States District Court for the District of Idaho which
enjoins such shipments, whichever occurs first: Provided further, That
the authority in this section may not be used unless the Secretary of
Defense certifies in writing to the congressional defense committees
that a good-faith agreement between the State of Idaho and the United
States Government was attempted but could not be reached concerning
interim shipments of spent nuclear fuel enjoined by any such injunction
based on national security reasons.</DELETED>
<DELETED> Sec. 8093. None of the funds appropriated by this Act
shall be available to lease or charter a vessel on a long-term basis
used to transport fuel or oil for the Department of Defense in those
instances where the leases involve the construction of new ships unless
the Secretary of Defense requires that the vessel be constructed in the
United States with a double hull under the long term lease or charter
authority provided in section 2401 note of title 10, United States
Code: Provided, That this limitation shall not apply to contracts in
force on the date of enactment of this Act: Provided further, That by
1997 at least 20 percent of annual leases and charters must be for
ships of new construction: Provided further, That the Military Sealift
Command shall plan to achieve the goal of eliminating single hull ship
leases by the year 2015.</DELETED>
<DELETED> Sec. 8094. None of the funds appropriated or made
available in this Act to the Department of the Navy shall be used to
develop or procure main propulsion engines for the LPD-17 class of
ships unless such equipment is powered by a diesel engine manufactured
in the United States by a domestically operated entity: Provided, That
the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense requirements
on a timely basis and that such an acquisition must be made in order to
acquire capability for national security purposes or there exists a
significant cost or quality difference.</DELETED>
<DELETED> Sec. 8095. None of the funds appropriated or made
available in this Act to the Department of the Navy shall be used to
develop or procure an emergency generator set for the New Attack
Submarine unless such equipment is powered by a diesel engine
manufactured in the United States by a domestically operated entity:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national security
purposes or there exists a significant cost or quality
difference.</DELETED>
<DELETED> Sec. 8096. The Army shall use George Air Force Base as the
interim airhead for the National Training Center at Fort Irwin until
Barstow-Daggett reaches Initial Operational Capability as the permanent
airhead: Provided, That within funds appropriated for ``Operation and
Maintenance, Army'' in this Act, not less than $2,000,000 shall be
available only to operate the National Training Center's rotational
airhead at the now closed George Air Force Base: Provided further, That
the Secretary of the Army shall provide the congressional defense
committees with a report assessing the Army's compliance with the terms
of this provision not later than March 31, 1996: Provided further, That
not later than April 30, 1996, the Department of the Army shall
complete planning and design of the Barstow-Daggett airfield as the
permanent airhead in support of training rotations at the National
Training Center.</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> Sec. 8097. During the current fiscal year, the Secretary
of Defense may carry out transfers of funds of not to exceed
$200,000,000, as provided in section 127a(c) of title 10, United States
Code, as amended by section 1003 of the National Defense Authorization
Act for Fiscal Year 1996 (H.R. 1530): Provided, That the transfer
authority provided in this paragraph is in addition to any transfer
authority contained elsewhere in this Act.</DELETED>
<DELETED> Sec. 8098. The sum of $77,500,000 appropriated in title I
and the sum of $564,300,000 appropriated in title II for additional
incremental costs associated with the operations of the Department of
Defense designated, as of June 1, 1995, as Operation Southern Watch and
Operation Provide Comfort--</DELETED>
<DELETED> (1) shall not be obligated or expended before the
date on which the budget of the President for fiscal year 1997
is transmitted to Congress; and</DELETED>
<DELETED> (2) may be obligated or expended for such
incremental costs on or after such date only if that budget
specifically sets forth amounts proposed for fiscal year 1997
for each of those operations.</DELETED>
<DELETED> Sec. 8099. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate setting forth all
costs (including incremental costs) incurred by the Department of
Defense during the preceding quarter in implementing or supporting
resolutions of the United Nations Security Council, including any such
resolution calling for international sanctions, international
peacekeeping operations, and humanitarian missions undertaken by the
Department of Defense. The quarterly report shall include an aggregate
of all such Department of Defense costs by operation or
mission.</DELETED>
<DELETED> (b) The Secretary of Defense shall detail in the quarterly
reports all efforts made to seek credit against past United Nations
expenditures and all efforts made to seek compensation from the United
Nations for costs incurred by the Department of Defense in implementing
and supporting United Nations activities.</DELETED>
<DELETED> Sec. 8100. (a) Limitation on Participation in Certain
Operations.--None of the funds available to the Department of Defense
for the current fiscal year shall be obligated or expended for costs
incurred by United States Armed Forces units serving in an operation
described in subsection (b) unless the President engages in
consultations with the bipartisan leadership of Congress and the
congressional committees named in subsection (e) regarding such
operation in accordance with subsection (c)(1).</DELETED>
<DELETED> (b) Covered Operations.--(1) This section applies to the
following:</DELETED>
<DELETED> (A) Any international peacekeeping or peace-
enforcement operation that is not underway as of the date of
the enactment of this Act and that is authorized by the
Security Council of the United Nations under chapter VI or VII
of the Charter of the United Nations.</DELETED>
<DELETED> (B) Any other international peacekeeping or peace-
enforcement operation that is not underway as of the date of
the enactment of this Act.</DELETED>
<DELETED> (C) Any deployment after the date of the enactment
of this Act of United States ground forces in the territory of
the former Yugoslavia above the level of such forces so
deployed as of such date of enactment, other than a deployment
involving fewer than 100 personnel.</DELETED>
<DELETED> (D) Except as provided in paragraph (2), any
international humanitarian assistance operation.</DELETED>
<DELETED> (2) This section does not apply with respect to--
</DELETED>
<DELETED> (A) an international humanitarian assistance
operation carried out in response to a disaster; or</DELETED>
<DELETED> (B) any other international humanitarian
assistance operation if the President reports to Congress that
the estimated cost of such operation is less than
$50,000,000.</DELETED>
<DELETED> (c) Consultation With Congress.--(1) Consultations under
subsection (a) in the case of any operation shall be initiated before
the initial deployment of United States Armed Forces units to
participate in the operation and, whenever possible, at least 15 days
before such deployment. However, if the President determines that the
national security so requires, the President may delay the initiation
of such consultations until after such initial deployment, but in no
case may such consultations be initiated later than 48 hours after such
deployment.</DELETED>
<DELETED> (2) Such consultations shall include discussion of all of
the following:</DELETED>
<DELETED> (A) The goals of the operation and the mission of
any United States Armed Forces units involved in the
operation.</DELETED>
<DELETED> (B) The United States interests that will be
served by the operation.</DELETED>
<DELETED> (C) The estimated cost of the operation.</DELETED>
<DELETED> (D) The strategy by which the President proposes
to fund the operation, including possible supplemental
appropriations or payments from international organizations,
foreign countries, or other donors.</DELETED>
<DELETED> (E) The extent of involvement of armed forces and
other contributions of personnel from other nations.</DELETED>
<DELETED> (F) The anticipated duration and scope of the
operation.</DELETED>
<DELETED> (3) Such consultations shall continue on a periodic basis
throughout the period of the deployment.</DELETED>
<DELETED> (d) Requests for Emergency Supplemental Appropriations.--
Whenever there is a deployment of United States Armed Forces to perform
an international humanitarian, peacekeeping, or peace-enforcement
operation, the President should seek emergency supplemental
appropriations to meet the incremental costs to the Department of
Defense of that deployment not later than 90 days after the date on
which such deployment commences.</DELETED>
<DELETED> (e) Committees To Be Included in Consultations.--The
committees referred to in subsection (a) are the following:</DELETED>
<DELETED> (1) The congressional defense
committees.</DELETED>
<DELETED> (2) The Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives.</DELETED>
<DELETED> (3) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives.</DELETED>
<DELETED> Sec. 8101. (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law, none of the
funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, and the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.</DELETED>
<DELETED> (b) Covered Activities.--(1) This section applies to--
</DELETED>
<DELETED> (A) any international peacekeeping or peace-
enforcement operation under the authority of chapter VI or
chapter VII of the United Nations Charter under the authority
of a United Nations Security Council resolution; and</DELETED>
<DELETED> (B) any other international peacekeeping, peace-
enforcement, humanitarian, or disaster relief
operation.</DELETED>
<DELETED> (c) Required Notice.--A notice under subsection (a) shall
include the following:</DELETED>
<DELETED> (1) A description of the equipment, supplies, or
services to be transferred.</DELETED>
<DELETED> (2) A statement of the value of the equipment,
supplies, or services to be transferred.</DELETED>
<DELETED> (3) In the case of a proposed transfer of
equipment or supplies--</DELETED>
<DELETED> (A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and</DELETED>
<DELETED> (B) a statement of whether the items
proposed to be transferred will have to be replaced
and, if so, how the President proposes to provide funds
for such replacement.</DELETED>
<DELETED> Sec. 8102. None of the funds available to the Department
of Defense shall be obligated or expended for the purposes of deploying
United States Armed Forces to participate in the implementation of a
negotiated peace settlement in Bosnia-Herzegovina, unless such
deployment is previously authorized by law.</DELETED>
<DELETED> Sec. 8103. Except as expressly authorized by law or
provided for specifically in an Act making appropriations for the
Department of Defense, none of the funds available to the Department of
Defense after December 1, 1995, for the current fiscal year or any
fiscal year hereafter shall be available to support or otherwise
provide funds for any program or activity (other than an intelligence
program or activity) for which another Federal department or agency has
primary responsibility or which is a type of program or activity for
which funds are customarily provided in appropriations available to
another Federal department or agency. The limitation in the preceding
sentence does not apply with respect to funds made available to another
department or agency in accordance with section 1535 of title 31,
United States Code.</DELETED>
<DELETED> Sec. 8104. None of the funds available to the Department
of Defense shall be obligated or expended to make a financial
contribution to the United Nations for the cost of an United Nations
peacekeeping activity (whether pursuant to assessment or a voluntary
contribution) or for payment of any United States arrearage to the
United Nations.</DELETED>
<DELETED> Sec. 8105. None of the funds made available in this Act
may be used to administer any policy that permits the performance of
abortions at medical treatment or other facilities of the Department of
Defense, except when it is made known to the Federal official having
authority to obligate or expend such funds that the life of the mother
would be endangered if the fetus were carried to term.</DELETED>
<DELETED> Sec. 8106. 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.</DELETED>
<DELETED> Sec. 8107. None of the funds in this Act may be used to
implement any change to the computation of military retired pay as
required by law in fiscal year 1995 for military personnel who entered
the Service before September 8, 1980.</DELETED>
<DELETED> Sec. 8108. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when it is made known
to the Federal official having authority to obligate or expend such
funds that--</DELETED>
<DELETED> (1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor to the
employee; and</DELETED>
<DELETED> (2) such bonus is part of restructuring costs
associated with a business combination.</DELETED>
<DELETED> Sec. 8109. Limitation on Procurement of Certain Vessel
Propellers and Ship Propulsion Shafting.--(a) Subject to subsection
(c), none of the funds made available by this Act may be used to
procure vessel propellers six feet in diameter or greater when it is
made known to the Federal official having authority to obligate or
expend such funds that such propellers are not manufactured in the
United States and do not incorporate castings that are poured and
finished only in the United States.</DELETED>
<DELETED> (b) Subject to subsection (c), none of the funds made
available by this Act may be used to procure ship propulsion shafting
when it is made known to the Federal official having authority to
obligate or expend such funds that such ship propulsion shafting is not
manufactured in the United States.</DELETED>
<DELETED> (c) The limitation in subsection (a) or subsection (b), as
the case may be, does not apply when it is made known to the Federal
official having authority to obligate or expend such funds that
adequate domestic supplies of propellers described in subsection (a) or
of ship propulsion shafting are not available to meet Department of
Defense requirements on a timely basis.</DELETED>
<DELETED> Sec. 8110. None of the funds provided in title II of this
Act for ``Former Soviet Union Threat Reduction'' may be obligated or
expended to finance housing for any individual when it is made known to
the Federal official having authority to obligate or expend such funds
that such individual was a member of the military forces of the Soviet
Union or that such individual is or was a member of the military forces
of the Russian Federation.</DELETED>
<DELETED> Sec. 8111. None of the funds available to the Department
of Defense for the current fiscal year shall be obligated or expended
for costs incurred by the participation of United States Armed Forces
units in any operation in the territory of the former Yugoslavia above
the level of forces so deployed as of date of enactment: Provided, That
this section shall not apply to emergency air rescue operations, the
airborne delivery of humanitarian supplies, or the planning and
execution of OPLAN 40104 to extract UNPROFOR personnel.</DELETED>
<DELETED> This Act may be cited as the ``Department of Defense
Appropriations Act, 1996''.</DELETED>
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''.
Passed the House of Representatives September 12, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate September 8, 1995 (legislative day,
September 5), 1995.
Attest:
KELLY D. JOHNSTON.
Secretary.