[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3610 Public Print (PP)]
104th CONGRESS
2d Session
H. R. 3610
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 1996
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, 1997, 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, 1997, 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, subsistence,
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; $20,692,838,000.</DELETED>
<DELETED>Military Personnel, Navy</DELETED>
<DELETED> For pay, allowances, individual clothing, subsistence,
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; $17,000,856,000.</DELETED>
<DELETED>Military Personnel, Marine Corps</DELETED>
<DELETED> For pay, allowances, individual clothing, subsistence,
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;
$6,103,808,000.</DELETED>
<DELETED>Military Personnel, Air Force</DELETED>
<DELETED> For pay, allowances, individual clothing, subsistence,
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; $17,099,550,000.</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; $2,083,379,000.</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;
$1,392,406,000.</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;
$387,943,000.</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; $780,497,000.</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; $3,279,393,000.</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;
$1,294,490,000.</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 $11,437,000 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; $18,365,679,000 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 $300,000,000 shall be made available only
for conventional ammunition care and maintenance: Provided further,
That of the funds appropriated in this paragraph, $12,084,000 shall not
be obligated or expended until authorized by law.</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 $3,995,000, 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;
$20,390,397,000 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, $39,933,000
shall not be obligated or expended until authorized by law.</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; $2,465,077,000.</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 $8,362,000 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;
$17,938,755,000 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, $39,133,000
shall not be obligated or expended until authorized by law.</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; $10,212,985,000, of which not to exceed $25,000,000
may be available for the CINC initiative fund account; and of which not
to exceed $28,500,000 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; $1,116,436,000.</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; $882,927,000: Provided, That of the
funds appropriated in this paragraph, $24,000,000 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; $108,467,000: Provided, That of the
funds appropriated in this paragraph, $2,000,000 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; $1,491,553,000.</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); $2,268,477,000.</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; $2,671,373,000.</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; $6,797,000, 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; $1,333,016,000, 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
periods 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>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); $60,544,000, to remain
available until September 30, 1998.</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; $302,900,000, to remain available for
obligation until September 30, 1999.</DELETED>
<DELETED>QUALITY OF LIFE ENHANCEMENTS, DEFENSE</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For expenses, not otherwise provided for, resulting from
unfunded shortfalls in medical programs and the repair and maintenance
of real property of the Department of Defense (including military
housing and barracks); $975,000,000, of which--</DELETED>
<DELETED> (1) $475,000,000 shall be transferred to funds
made available under the heading ``Defense Health Program'' in
title VI of this Act and be available for Operation and
maintenance; and</DELETED>
<DELETED> (2) $500,000,000 shall be available for the
maintenance of real property of the Department of Defense
(including minor construction and major maintenance and repair)
and shall remain available for obligation until September 30,
1998, as follows:</DELETED>
<DELETED> Army, $165,000,000;</DELETED>
<DELETED> Navy, $75,000,000;</DELETED>
<DELETED> Marine Corps, $40,000,000;</DELETED>
<DELETED> Air Force, $120,000,000;</DELETED>
<DELETED> Army Reserve, $20,000,000;</DELETED>
<DELETED> Navy Reserve, $20,000,000;</DELETED>
<DELETED> Marine Corps Reserve,
$2,000,000;</DELETED>
<DELETED> Air Force Reserve, $16,000,000;</DELETED>
<DELETED> Army National Guard, $29,000,000;
and</DELETED>
<DELETED> Air National Guard, $13,000,000.</DELETED>
<DELETED>Reduction of Funds</DELETED>
<DELETED> Amounts appropriated in other paragraphs of this title are
hereby reduced as follows:</DELETED>
<DELETED> From Operation and Maintenance, Army,
$12,950,000.</DELETED>
<DELETED> From Operation and Maintenance, Navy,
$3,500,000.</DELETED>
<DELETED> From Operation and Maintenance, Marine Corps,
$1,750,000.</DELETED>
<DELETED> From Operation and Maintenance, Air Force,
$7,700,000.</DELETED>
<DELETED> From Operation and Maintenance, Defense-Wide,
$9,100,000.</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; $1,308,709,000, to remain available for obligation until
September 30, 1999.</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; $988,567,000, to remain available for obligation until
September 30, 1999.</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; $1,500,414,000, to remain available for obligation until
September 30, 1999: Provided, That of the funds appropriated in this
paragraph, $175,600,000 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; $1,150,128,000, to remain available for
obligation until September 30, 1999.</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 14 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; $2,899,040,000, to remain
available for obligation until September 30, 1999: Provided, That of
the funds appropriated in this paragraph, $86,800,000 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; $6,896,552,000, to remain available for obligation
until September 30, 1999: Provided, That of the funds appropriated in
this paragraph, $227,600,000 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; $1,384,408,000, to remain available
for obligation until September 30, 1999: Provided, That in addition to
the foregoing purposes, the funds appropriated above under this heading
shall be available to liquidate reported deficiencies in appropriations
provided under this heading in prior Department of Defense
appropriations acts, to the extent such deficiencies cannot otherwise
be liquidated pursuant to 31 U.S.C. 1553(b): Provided further, That of
the funds appropriated in this paragraph, $79,100,000 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; $341,689,000, to remain available for
obligation until September 30, 1999.</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; $4,469,930,000, to remain available for
obligation until September 30, 2001: Provided, That additional
obligations may be incurred after September 30, 2001, 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); 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; $2,889,591,000, to
remain available for obligation until September 30, 1999: Provided,
That of the funds appropriated in this paragraph, $18,096,000 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
88 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; $623,973,000, to remain
available for obligation until September 30, 1999: Provided, That of
the funds appropriated in this paragraph, $77,225,000 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; $7,274,628,000, to remain
available for obligation until September 30, 1999: Provided, That of
the funds appropriated in this paragraph, $2,700,000 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; $2,279,500,000, to remain available for obligation until
September 30, 1999.</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; $272,177,000, to remain available for
obligation until September 30, 1999.</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 506
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
$287,000 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;
$6,078,539,000, to remain available for obligation until September 30,
1999.</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 389 passenger motor vehicles for replacement
only; the purchase of 2 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles, but not to exceed $200,000 per vehicle; 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;
$2,247,812,000, to remain available for obligation until September 30,
1999: Provided, That of the funds appropriated in this paragraph,
$357,600,000 shall not be obligated or expended until authorized by
law.</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; $908,000,000, to remain
available for obligation until September 30, 1999: Provided, That the
Chiefs of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit to
the congressional defense committees the modernization priority
assessment for their respective Reserve or National Guard component:
Provided further, That of the funds appropriated in this paragraph,
$103,000,000 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; $4,874,537,000, to remain available for obligation
until September 30, 1998: Provided, That of the funds appropriated in
this paragraph, $194,558,000 shall not be obligated or expended until
authorized by law.</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; $8,399,357,000, to remain available for obligation
until September 30, 1998: Provided, 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, $209,400,000 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; $14,869,573,000, to remain available for obligation
until September 30, 1998: Provided, That of the funds made available in
this paragraph, $25,000,000 shall be only for development of reusable
launch vehicle technologies: Provided further, That of the funds
appropriated in this paragraph, $1,598,486,000 shall not be obligated
or expended until authorized by law.</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;
$9,068,558,000, to remain available for obligation until September 30,
1998: Provided, That not less than $304,171,000 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; $272,038,000, to remain available for
obligation until September 30, 1998: 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; $26,968,000, to remain available for obligation
until September 30, 1998: Provided, That of the funds appropriated in
this paragraph, $5,000,000 shall not be obligated or expended until
authorized by law.</DELETED>
<DELETED>TITLE V</DELETED>
<DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>
<DELETED>Defense Business Operations Fund</DELETED>
<DELETED> For the Defense Business Operations Fund;
$947,900,000.</DELETED>
<DELETED>National Defense Sealift Fund</DELETED>
<DELETED> For National Defense Sealift Fund programs (including the
development and acquisition of lighterage), projects, and activities,
and for expenses of the National Defense Reserve Fleet, as established
by section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App.
1744); $1,904,002,000, 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 these restrictions 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 of the funds appropriated in this
paragraph, $781,000,000 shall not be obligated or expended until
authorized by law.</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; $9,667,658,000, of which $9,398,188,000 shall be for Operation and
maintenance, of which not to exceed three percent shall remain
available until September 30, 1998; and of which $269,470,000, to
remain available for obligation until September 30, 1999, shall be for
Procurement: Provided, That notwithstanding any other provision of law,
of the funds provided under this heading, the Secretary of Defense is
directed to use and obligate, within thirty days of enactment of this
Act, not less than $3,400,000 only to permit private sector or non-
Federal physicians who have used and will use the antibacterial
treatment method based upon the excretion of dead and decaying
spherical bacteria to work in conjunction with the Walter Reed Army
Medical Center on a treatment protocol and related studies for Desert
Storm Syndrome affected veterans.</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, $799,847,000, of which
$477,947,000 shall be for Operation and maintenance, $273,600,000 shall
be for Procurement to remain available until September 30, 1999, and
$48,300,000 shall be for Research, development, test and evaluation to
remain available until September 30, 1998.</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; $774,724,000: 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, $92,000,000 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; $138,501,000, of which $136,501,000 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 $2,000,000, to remain available until September
30, 1999, 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; $196,400,000.</DELETED>
<DELETED>Intelligence Community Management Account</DELETED>
<DELETED> For necessary expenses of the Intelligence Community
Management Account; $149,555,000.</DELETED>
<DELETED>Payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund</DELETED>
<DELETED> For payment to Kaho'olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law; $10,000,000,
to remain available until expended.</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: 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.</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 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.</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 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.</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. 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. 8008. 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 1996 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. 8009. 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> Javelin missiles;</DELETED>
<DELETED> Army Tactical Missile System (ATACMS);</DELETED>
<DELETED> MK19-3 grenade machine guns;</DELETED>
<DELETED> M16A2 rifles;</DELETED>
<DELETED> M249 Squad Automatic Weapons;</DELETED>
<DELETED> M4 carbine rifles; and</DELETED>
<DELETED> M240B machine guns.</DELETED>
<DELETED> Sec. 8010. 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.</DELETED>
<DELETED> Sec. 8011. (a) During fiscal year 1997, 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 1998 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 1998 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 1998.</DELETED>
<DELETED> (c) Nothing in this section shall be construed to apply to
military (civilian) technicians.</DELETED>
<DELETED> Sec. 8012. 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. 8013. 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. 8014. (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 3015(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. 8015. 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. 8016. 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. 8017. 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> Sec. 8018. 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. 8019. 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. 8020. 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 1998 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, 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. 8021. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, or M-1911
pistols.</DELETED>
<DELETED> Sec. 8022. 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. 8023. 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. 8024. 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. 8025. No more than $500,000 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. 8026. 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, or 12406 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. 8027. 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. 8028. 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. 8029. 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. 8030. 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. 8031. (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. 8032. 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. 8033. 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. 8034. Of the funds made available in this Act, not
less than $22,700,000 shall be available for the Civil Air Patrol, of
which $15,426,000 shall be available for Operation and
Maintenance.</DELETED>
<DELETED> Sec. 8035. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense Federally Funded
Research and Development Center (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Notwithstanding any other provision of law, none of
the funds available to the Department of Defense from any source during
fiscal year 1997 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.</DELETED>
<DELETED> Sec. 8036. 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. 8037. 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.</DELETED>
<DELETED> Sec. 8038. 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. 8039. (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 1997. 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. 8040. 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. 8041. During the current fiscal year and hereafter,
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. 8042. 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. 8043. 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. 8044. 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. 8045. 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. 8046. During the current fiscal year and hereafter,
annual payments granted under the provisions of section 4416 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-428; 106 Stat. 2714) shall be made from appropriations in this Act
which are available for the pay of reserve component
personnel.</DELETED>
<DELETED> Sec. 8047. 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: Provided, That
the Secretary of Defense may waive this section for Department of
Defense support provided to NATO forces in and around the former
Yugoslavia.</DELETED>
<DELETED> Sec. 8048. 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 $100,000.</DELETED>
<DELETED> Sec. 8049. During the current fiscal year and hereafter,
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. 8050. (a) During the current fiscal year, none of the
appropriations or funds available to the Defense Business Operations
Fund shall be used for the purchase of an investment item for the
purpose of acquiring a new inventory item for sale or anticipated sale
during the 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 1998 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 1998 Department of Defense
budget shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded in a
procurement appropriation contained in this Act shall be budgeted for
in a proposed fiscal year 1998 procurement appropriation and not in the
supply management business area or any other area or category of the
Defense Business Operations Fund.</DELETED>
<DELETED> Sec. 8051. None of the funds provided in this Act shall be
available for use by a Military Department to modify an aircraft,
weapon, ship or other item of equipment, that 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. 8052. 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, 1998.</DELETED>
<DELETED> Sec. 8053. 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. 8054. (a) High Performance Computing Modernization
Program.--Of the funds appropriated in this Act under the heading
``Procurement, Defense-Wide'', $143,235,000 shall be made available for
the High Performance Computing Modernization Program (referred to in
this section as the ``program''). Of the funds appropriated in this Act
under the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $61,380,000 shall be made available for the program. Of
the total funds made available for the program pursuant to this
subsection, $20,000,000 shall be for the Army High Performance
Computing Research Center.</DELETED>
<DELETED> (b) Implementation of Program.--The procurement funds made
available for the program pursuant to subsection (a) shall be used only
for the procurement of computer hardware and ancillary equipment for
the high performance computing facilities of the Department of
Defense.</DELETED>
<DELETED> (c) Annual Publication of Program Plans.--Hereafter, the
Secretary of Defense shall annually prepare, and make available to the
public, an updated and unclassified program plan and program
implementation plan.</DELETED>
<DELETED> (d) Reduction of Acquisition Delays.--Hereafter, the
Secretary of Defense shall take such actions as may be necessary to
minimize delays in the acquisition of computer hardware under the
program.</DELETED>
<DELETED> Sec. 8055. 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. 8056. 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. 8057. (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> (c) In the case of any equipment or products purchased
with appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely
fashion.</DELETED>
<DELETED> Sec. 8058. None of the funds appropriated by this Act
shall be available for a contract for studies, analyses, or consulting
services entered into without competition on the basis of an
unsolicited proposal unless the head of the 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. 8059. 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 1997 until the enactment of the Intelligence
Authorization Act for fiscal year 1997.</DELETED>
<DELETED> Sec. 8060. (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) $59,600,000 made available in this Act for Research,
Development, Test and Evaluation, Air Force, may only be obligated for
development of a new family of medium-lift and heavy-lift expendable
launch vehicles evolved from existing technologies.</DELETED>
<DELETED> Sec. 8061. None of the 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
1997, except for field operating agencies funded within the National
Foreign Intelligence Program: Provided, That the Secretary of Defense
may waive this section by certifying to the House and Senate Committees
on Appropriations that the creation of such field operating agencies
will reduce either the personnel and/or financial requirements of the
Department of Defense.</DELETED>
<DELETED> Sec. 8062. Notwithstanding any other provision of law, for
resident classes entering the war colleges after September 30, 1997,
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. 8063. 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.</DELETED>
<DELETED> Sec. 8064. 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. 8065. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for assistance
to the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.</DELETED>
<DELETED> Sec. 8066. 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. 8067. 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. 8068. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the civilian
medical and medical support personnel assigned to military treatment
facilities below the September 30, 1996 level.</DELETED>
<DELETED> Sec. 8069. 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. 8070. 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. 8071. (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. 8072. 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. 8073. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Provided,
That the 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> Sec. 8074. 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. 8075. None of the funds appropriated by this Act
shall be available to lease or charter a vessel in excess of seventeen
months (inclusive of any option periods) to transport fuel or oil for
the Department of Defense if the vessel was constructed after October
1, 1995 unless the Secretary of Defense requires that the vessel be
constructed in the United States with a double hull under the long-term
lease or charter authority provided in section 2401 note of title 10,
United States Code: 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 double hull design constructed after October 1,
1995 if available in numbers sufficient to satisfy this requirement:
Provided further, That the Military Sealift Command shall plan to
achieve the goal of eliminating single hull ship leases by the year
2015.</DELETED>
<DELETED> Sec. 8076. Notwithstanding any other provision in this
Act, the total amount appropriated in this Act is hereby reduced by
$500,000,000 to reflect savings from reduced carryover of activities
funded through the Defense Business Operations Fund, to be distributed
as follows: ``Operation and Maintenance, Army'', $60,000,000; and
``Operation and Maintenance, Navy'', $440,000,000.</DELETED>
<DELETED> Sec. 8077. During the current fiscal year, the Army shall
use the former George Air Force Base as the airhead for the National
Training Center at Fort Irwin: Provided, That none of the funds in this
Act shall be obligated or expended to transport Army personnel into
Edwards Air Force Base for training rotations at the National Training
Center.</DELETED>
<DELETED> Sec. 8078. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate setting forth all
costs (including 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. 8079. (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, 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, or humanitarian assistance 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. 8080. 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. 8081. 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--</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. 8082. The amount otherwise provided by this Act for
``Operation and Maintenance, Air Force'' is hereby reduced by
$195,000,000, to reflect a reduction in the passthrough to the Air
Force business areas of the Defense Business Operations Fund.</DELETED>
<DELETED> Sec. 8083. 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 who was a member of the
military forces of the Soviet Union or for any individual who is or was
a member of the military forces of the Russian Federation.</DELETED>
<DELETED> Sec. 8084. Beginning in fiscal year 1997 and thereafter,
and notwithstanding any other provision of law, fixed and mobile
telecommunications support shall be provided by the White House
Communications Agency (WHCA) to the United States Secret Service
(USSS), without reimbursement, in connection with the Secret Service's
duties directly related to the protection of the President or the Vice
President or other officer immediately next in order of succession to
the office of the President at the White House Security Complex in the
Washington, D.C. Metropolitan Area and Camp David, Maryland. For these
purposes, the White House Security Complex includes the White House,
the White House grounds, the Old Executive Office Building, the New
Executive Office Building, the Blair House, the Treasury Building, and
the Vice President's Residence at the Naval Observatory: Provided, That
funds made available to the WHCA (or any successor agency) for support
services for the President from funds appropriated for the Department
of Defense for any fiscal year (beginning with fiscal year 1997) may be
used only for the provision of telecommunications support to the
President and Vice President and related elements (as defined in
regulations of that agency and specified by the President with respect
to particular individuals within those related elements).</DELETED>
<DELETED> Sec. 8085. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in this Act
under the heading ``Shipbuilding and Conversion, Navy'' shall be
considered to be for the same purpose as any subdivision under the
heading ``Shipbuilding and Conversion, Navy'' appropriations in any
prior year, and the one percent limitation shall apply to the total
amount of the appropriation.</DELETED>
<DELETED> Sec. 8086. During the current fiscal year, and
notwithstanding 31 U.S.C. 1552(a), funds appropriated under the heading
``Aircraft Procurement, Air Force'' in Public Laws 102-172 and 102-396
which were available and obligated for the B-2 aircraft program shall
remain available for expenditure and for adjusting obligations for such
program until September 30, 2002.</DELETED>
<DELETED> Sec. 8087. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States Code,
and which has a negative unliquidated or unexpended balance, an
obligation or an adjustment of an obligation may be charged to any
current appropriation account for the same purpose as the expired or
closed account if--</DELETED>
<DELETED> (1) the obligation would have been properly
chargeable (except as to amount) to the expired or closed
account before the end of the period of availability or closing
of that account;</DELETED>
<DELETED> (2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and</DELETED>
<DELETED> (3) in the case of an expired account, the
obligation is not chargeable to a current appropriation of the
Department of Defense under the provisions of section
1405(b)(8) of the National Defense Authorization Act for Fiscal
Year 1991, Public Law 101-510, as amended (31 U.S.C. 1551
note): Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was not
in fact a negative unliquidated or unexpended balance in the
account, any charge to a current account under the authority of
this section shall be reversed and recorded against the expired
account: Provided further, That the total amount charged to a
current appropriation under this section may not exceed an
amount equal to one percent of the total appropriation for that
account.</DELETED>
<DELETED> Sec. 8088. During the current fiscal year the Marine
Security Guard Program shall be administered under the terms and
conditions of the March 29, 1994 Memorandum of Understanding between
the Department of Defense and the Department of State concerning such
program and the Department of State shall continue to pay, or provide
reimbursement for, Marine Security Guard costs which are the
responsibility of the State Department under the provisions of such
Memorandum.</DELETED>
<DELETED> Sec. 8089. Notwithstanding any other provision in this
Act, the total amount appropriated in this Act is hereby reduced by
$400,000,000 to reflect savings from improved management of spare and
repair parts inventories of the Department of Defense, to be
distributed as follows: ``Operation and Maintenance, Army'',
$91,000,000; ``Operation and Maintenance, Navy'', $32,600,000; and
``Operation and Maintenance, Air Force'', $276,400,000.</DELETED>
<DELETED> Sec. 8090. Notwithstanding any other provision of law, the
Air Force shall not introduce any new supplier for the remaining
production units for the AN/ALE-47 Countermeasure Dispenser
System.</DELETED>
<DELETED> Sec. 8091. In applying section 9005 of the Department of
Defense Appropriations Act, 1993 (Public Law 102-396)--</DELETED>
<DELETED> (1) synthetic fabric and coated synthetic fabric
shall be deemed to include synthetic fiber and yarn and their
products; and</DELETED>
<DELETED> (2) such section shall (notwithstanding section 34
of Public Law 93-400) be treated as being applicable to
contracts and subcontracts for the procurement of commercial
items that are articles or items, specialty metals, or tools
covered by that section 9005.</DELETED>
<DELETED> Sec. 8092. Trade-off Study of Current and Future Deep-
Strike Capabilities.--</DELETED>
<DELETED> (1) The Secretary of Defense shall carry out the
deep-strike tradeoff study announced by the President to study
tradeoffs between bombers, land and sea-based tactical
aircraft, and missiles capable of striking targets in an
enemy's rear area.</DELETED>
<DELETED> (2) The Secretary of Defense shall establish an ad
hoc review committee under the auspices of the Defense Science
Board to establish the methodological approach to the tradeoff
study, to establish a broad range of stressing scenarios of
interest, and to review assumptions regarding the analyses to
be conducted.</DELETED>
<DELETED> (3) The ad hoc review committee to be established
under paragraph (2) shall include among its members analysts
who have performed or participated in bomber trade-off
analysis, retired military personnel with broad experience in
recent conventional warfare operations, and experts on the
logistics of both initial deployment and sustaining support.
These members shall be selected without regard for current
service on the Defense Science Board.</DELETED>
<DELETED> (4) After submitting its recommendations for the
conduct of the deep-strike tradeoff study to the Secretary of
Defense, the ad hoc review committee shall continue to meet
regularly to review preliminary results of the analysis and to
recommend additional variations in assumptions that may be
required to illuminate particular force trade-off
issues.</DELETED>
<DELETED> Sec. 8093. Tactical Aircraft Requirement Study.--The
Secretary of Defense and the Chairman of the Joint Chiefs of Staff
shall carry out a joint study under the direct supervision of the Joint
Requirements Oversight Council (JROC) assessing future tactical
aircraft requirements across service jurisdictions. This study shall
determine the best and most affordable mix of weapon systems to carry
out different mission areas and shall include recommendations for
changes to the planned numbers and types of tactical aircraft to be
developed and procured over the next ten years if appropriate. Such
report shall be submitted to the Congressional defense committees no
later than March 30, 1997.</DELETED>
<DELETED> Sec. 8094. (a) Consideration of Percentage of Work
Performed in the United States.--None of the funds available to the
Department of Defense under this Act may be obligated or expended to
evaluate sealed bids and competitive proposals for a contract for the
procurement of property or services except when it is made known to the
Federal official having authority to obligate or expend such funds
that--</DELETED>
<DELETED> (1) a factor in such evaluation is the percentage
of work under the contract that the bidder or offeror plans to
perform in the United States; and</DELETED>
<DELETED> (2) a high importance is assigned to such
factor.</DELETED>
<DELETED> (b) Breach of Contract for Transferring Work Outside the
United States.--None of the funds available to the Department of
Defense under this Act may be obligated or expended to procure property
or services except when it is made known to the Federal official having
authority to obligate or expend such funds that each contract for the
procurement of property or services includes a clause providing that
the contractor is deemed to have breached the contract if the
contractor performs less work in the United States than the contractor
stated, in its response to the solicitation for the contract, that it
planned to perform in the United States.</DELETED>
<DELETED> (c) Ineligibility for Contract Renewal.--(1) None of the
funds available to the Department of Defense under this Act may be
obligated or expended to renew a covered contract when it is made known
to the Federal official having authority to obligate or expend such
funds that the amount of work performed outside the United States under
the covered contract exceeded the maximum amount of work that the
contractor was expected to perform outside the United States, based on
the amount of work that the contractor stated, in its response to the
solicitation for the contract, that it planned to perform inside the
United States.</DELETED>
<DELETED> (2) For purposes of this section, a covered contract is a
contract for the procurement of property or services that is made
pursuant to a solicitation described in subsection (a).</DELETED>
<DELETED> (d) Waiver.--Subsections (a), (b), and (c) shall not apply
with respect to funds available to the Department of Defense under this
Act when it is made known to the Federal official having authority to
obligate or expend such funds that an emergency situation or the
national security interests of the United States requires the
obligation or expenditure of such funds.</DELETED>
<DELETED> (e) Exception for Contracts Below Simplified Acquisition
Threshold.--This section does not apply to contracts for amounts not
greater than the simplified acquisition threshold (as specified in
section 2302(7) of title 10, United States Code).</DELETED>
<DELETED> (f) Effective Date.--This section shall apply with respect
to contracts entered into more than 60 days after the date of the
enactment of this Act.</DELETED>
<DELETED> Sec. 8095. None of the funds available to the Department
of Defense under this Act may be obligated or expended to pay a
contractor under a contract with the Department of Defense for any
costs incurred by the contractor when it is made known to the Federal
official having authority to obligate or expend such funds that such
costs are restructuring costs associated with a business combination
that were incurred on or after August 15, 1994.</DELETED>
<DELETED> Sec. 8096. None of the funds available to the Department
of Defense under this Act may be obligated or expended to procure
landing gear for aircraft except when it is made known to the Federal
official having authority to obligate or expend such funds that--
</DELETED>
<DELETED> (1) the manufacturer of the item is part of the
national technology and industrial base;</DELETED>
<DELETED> (2) the landing gear is manufactured and assembled
in the United States; and</DELETED>
<DELETED> (3) the contract through which the procurement is
made is entered into more than 30 days after the date of the
enactment of this Act: Provided, That contracts existing on the
date of enactment of this Act and existing or subsequent
options in such contracts through January 1, 2000, are not
covered by this section if the Secretary of the military
department which issued the aircraft production contract
certifies to the Appropriations Committees of the House and
Senate that purchasing landing gear under the terms of this
section will create a significant adverse technical, cost, or
schedule impact on the aircraft production program.</DELETED>
<DELETED> Sec. 8097. (a) None of the funds appropriated or otherwise
made available by this Act for the Department of Defense specimen
repository described in subsection (b) may be used for any purpose
except in accordance with the requirement in paragraph numbered 3 of
the covered Department of Defense policy memorandum that specifically
provides that permissible uses of specimen samples in the repository
are limited to the following purposes:</DELETED>
<DELETED> (1) Identification of human remains.</DELETED>
<DELETED> (2) Internal quality assurance activities to
validate processes for collection, maintenance and analysis of
samples.</DELETED>
<DELETED> (3) A purpose for which the donor of the sample
(or surviving next-of-kin) provides consent.</DELETED>
<DELETED> (4) As compelled by other applicable law in a case
in which all of the following conditions are present:</DELETED>
<DELETED> (A) The responsible Department of Defense
official has received a proper judicial order or
judicial authorization.</DELETED>
<DELETED> (B) The specimen sample is needed for the
investigation or prosecution of a crime punishable by
one year or more of confinement.</DELETED>
<DELETED> (C) No reasonable alternative means for
obtaining a specimen for DNA profile analysis is
available.</DELETED>
<DELETED> (b) The specimen repository referred to in subsection (a)
is the repository that was established pursuant to Deputy Secretary of
Defense Memorandum 47803, dated December 16, 1991, and designated as
the ``Armed Forces Repository of Specimen Samples for the
Identification of Remains'' by paragraph numbered 4 in the covered
Department of Defense policy memorandum.</DELETED>
<DELETED> (c) For purposes of this section, the covered Department
of Defense policy memorandum is the memorandum of the Assistant
Secretary of Defense (Health Affairs) for the Secretary of the Army,
dated April 2, 1996, issued pursuant to law which states as its subject
``Policy Refinements for the Armed Forces Repository of Specimen
Samples for the Identification of Remains''.</DELETED>
<DELETED> Sec. 8098. Hereafter, the Air National Guard may assume
responsibility for providing firefighting and rescue services in
response to all aircraft-related emergencies at the Lincoln Municipal
Airport in Lincoln, Nebraska.</DELETED>
<DELETED> Sec. 8099. None of the funds made available to the
Department of Defense under this Act may be obligated or expended to
enter into or renew a contract with an entity when it is made known to
the Federal official having authority to obligate or expend such funds
that--</DELETED>
<DELETED> (1) such entity is otherwise a contractor with the
United States and is subject to the requirement in section
4212(d) of title 38, United States Code, regarding submission
of an annual report to the Secretary of Labor concerning
employment of certain veterans; and</DELETED>
<DELETED> (2) such entity has not submitted a report as
required by that section for the most recent year for which
such requirement was applicable to such entity.</DELETED>
<DELETED> This Act may be cited as the ``Department of Defense
Appropriations Act, 1997''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1997, for military functions administered by the
Department of Defense, and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, 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; $20,559,042,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, 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; $16,943,581,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, 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; $6,099,182,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, 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;
$17,021,810,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 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;
$2,052,136,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 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; $1,396,989,000.
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 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;
$389,325,000.
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 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; $785,842,000.
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 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;
$3,259,169,000.
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 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;
$1,295,511,000.
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 $11,437,000 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; $17,700,859,000 and, in addition,
$50,000,000 shall be derived by transfer from the National Defense
Stockpile Transaction Fund: Provided, That the amount made available by
this paragraph for Army Operation and Maintenance is reduced by
$1,500,000.
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 $3,995,000, 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;
$20,241,517,000 and, in addition, $50,000,000 shall be derived by
transfer from the National Defense Stockpile Transaction Fund.
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;
$2,275,977,000.
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 $8,362,000 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; $17,331,309,000 and, in
addition, $50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund.
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;
$9,953,142,000, of which not to exceed $25,000,000 may be available for
the CINC initiative fund account; and of which not to exceed
$28,500,000 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 appropriated under this heading, $1,000,000 is available, by
grant or other transfer, to the Harnett County School Board,
Lillington, North Carolina, for use by the school board for the
education of dependents of members of the Armed Forces and employees of
the Department of Defense located at Fort Bragg and Pope Air Force
Base, North Carolina.
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; $1,129,436,000.
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; $861,527,000.
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; $115,367,000.
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; $1,494,953,000.
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); $2,294,477,000.
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;
$2,721,973,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations
by United States military forces; $1,069,957,000: Provided, That the
Secretary of Defense may transfer these funds only to operation and
maintenance accounts within this title: Provided further, That the
funds transferred shall be merged with and shall be available for the
same purposes and for the same time period, as the appropriation to
which transferred: Provided further, That the transfer authority
provided in this paragraph is in addition to any other transfer
authority contained elsewhere in this Act.
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; $6,185,000, of which not to exceed $2,500
can be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $356,916,000, to remain available
until transferred: Provided, That the Secretary of the Army 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 the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations 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: Provided further, That not more than twenty-five percent
of funds provided under this heading may be obligated for environmental
remediation by the Corps of Engineers under total environmental
remediation contracts.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $302,900,000, to remain available
until transferred: Provided, That the Secretary of the Navy 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 the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations 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.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $414,700,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force 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 the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations 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.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of the Defense, $38,650,000, 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 time period as the appropriations 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.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $269,850,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris 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 the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations 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.
Overseas Humanitarian, Disaster, and Civic Aid
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); $49,000,000, to remain available until
September 30, 1998.
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 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; $327,900,000, 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; $1,283,815,000, to remain available for obligation until
September 30, 1999.
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; $982,829,000, to remain available for obligation until
September 30, 1999: Provided, That of the funds provided in this
paragraph and notwithstanding the provisions of title 31, United States
Code, section 1502(a), not to exceed $25,000,000 is available for the
benefit of the Army National Guard to complete the remaining design and
development of the upgrade and to increase gunner survivability, range,
accuracy, and lethality for the fully modernized Super Dragon Missile
System, including pre-production engineering and systems qualification.
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;
$1,449,714,000, to remain available for obligation until September 30,
1999: Provided, That of the funds appropriated in this paragraph and
notwithstanding the provisions of title 31, United States Code, Section
1502(a), not to exceed $33,100,000 may be obligated for future year
V903 diesel engine requirements to maintain the industrial base.
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; $1,118,329,000, to remain available for
obligation until September 30, 1999.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and nontracked combat vehicles;
the purchase of not to exceed 14 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; $3,295,486,000, to remain
available for obligation until September 30, 1999: Provided, That of
the funds appropriated in this paragraph and notwithstanding the
provisions of title 31, United States Code, Section 1502(a), not to
exceed $2,400,000 may be obligated for future year V903 diesel engine
requirements to maintain the industrial base.
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; $7,239,704,000, to remain available for obligation
until September 30, 1999.
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; $1,500,154,000, to
remain available for obligation until September 30, 1999: Provided,
That in addition to the foregoing purposes, the funds appropriated
above under this heading shall be available to liquidate reported
deficiencies in appropriations provided under this heading in prior
Department of Defense appropriations acts, to the extent such
deficiencies cannot otherwise be liquidated pursuant to 31 U.S.C.
1553(b).
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 therefor, 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,
$699,071,000;
NSSN-1 (AP) $296,186,000;
NSSN-2 (AP) $701,000,000;
CVN Refuelings, $237,029,000;
DDG-51 destroyer program, $3,909,072,000;
Oceanographic ship program, $54,400,000;
Oceanographic ship SWATH, $45,000,000;
LCAC landing craft air cushion program (AP-CY), $3,000,000;
and
For craft, outfitting, post delivery, conversions, and
first destination transportation, $248,572,000;
in all: $6,193,330,000, to remain available for obligation until
September 30, 2001: Provided, That additional obligations may be
incurred after September 30, 2001, 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: Provided further, That the Secretary of the Navy is
hereby granted the authority to enter into one or more contracts for
the procurement of not less than 12 Arleigh Burke class destroyers in
fiscal year 1998 through fiscal year 2001 at a procurement rate of not
less than three ships per year.
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); 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; $2,944,519,000, to
remain available for obligation until September 30, 1999.
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 88
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; $660,507,000, to remain available
for obligation until September 30, 1999.
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; $6,630,370,000, to remain available for
obligation until September 30, 1999.
Missile Procurement, Air Force
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;
$2,713,944,000, to remain available for obligation until September 30,
1999.
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 506
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
$287,000 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;
$5,577,787,000, to remain available for obligation until September 30,
1999.
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 389 passenger motor vehicles 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; $1,773,794,000, to remain available
for obligation until September 30, 1999.
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; $759,800,000, to remain available for
obligation until September 30, 1999: Provided, That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard 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;
$5,107,283,000, to remain available for obligation until September 30,
1998: Provided, That of the funds appropriated in this paragraph,
$4,000,000 shall be available for the procurement of a real-time,
automatic cargo tracking and control system.
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;
$8,067,543,000, to remain available for obligation until September 30,
1998: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet requirements of the Special
Operations Forces: Provided further, That of the funds available under
this paragraph, $12,000,000 is available for the Pulse Doppler Upgrade
modification to the AN/SPS-48E radar system: Provided further, That of
the funds appropriated in this paragraph, $7,500,000 shall be available
for 1.5 ship years in the university research fleet under the
Oceanographic and Atmospheric Technology program: Provided further,
That of the funds available under this heading, $1,000,000 is available
for evaluation of a nondevelopmental Doppler sonar velocity log:
Provided further, That of the funds appropriated under this heading
$46,600,000 shall be made available only for the Intercooled
Recuperated Gas Turbine Engine program: Provided further, That up to
$10,000,000 of funds appropriated in this paragraph may be used to
initiate engineering and manufacturing development for the winning
airborne mine countermeasure system.
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;
$14,778,540,000, to remain available for obligation until September 30,
1998: Provided, That not less than $1,000,000 of the funds appropriated
in this paragraph shall be made available only to assess the budgetary,
cost, technical, operational, training, and safety issues associated
with a decision to eliminate development of the F-22B two-seat training
variant of the F-22 advanced tactical fighter: Provided further, That
the assessment required by the preceding proviso shall be submitted, in
classified and unclassified versions, by the Secretary of the Air Force
to the congressional defense committees not later than February 15,
1997: Provided further, That of the funds appropriated under this
heading, $3,000,000 shall be available for acceleration of a program to
develop thermally stable jet fuels using chemicals derived from coal.
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; $9,190,092,000, to remain
available for obligation until September 30, 1998: Provided, That of
the funds appropriated under this heading, $50,000,000 shall be
available for the Maritime Technology program and $2,988,000 shall be
available for the Focused Research Initiatives program: Provided
further, That, of such amount, $10,000,000 is available for the United
States-Japan Management Training 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; $269,038,000, to remain available for obligation
until September 30, 1998.
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; $21,968,000, to remain available for obligation until
September 30, 1998: Provided, That of the funds appropriated in this
paragraph, $3,000,000 is available for the Operational Field Assessment
Program.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Business Operations Fund
For the Defense Business Operations Fund; $947,900,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744); $1,093,002,000, 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 these
restrictions 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.
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;
$10,256,108,000, of which $9,936,638,000 shall be for Operation and
maintenance, and of which $319,470,000, to remain available for
obligation until September 30, 1999, 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: Provided further, That
of the funds appropriated under this heading, $10,000,000 shall be
available for scientific research to be carried out by entities
independent of the Federal Government on possible causal relationships
between the complex of illnesses and symptoms commonly known as ``Gulf
War syndrome'' and the possible exposures of members of the Armed
Forces to chemical warfare agents or other hazardous materials during
service on active duty as a member of the Armed Forces in the Southwest
Asia theater of operations during the Persian Gulf War.
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, $758,447,000, of which $478,947,000 shall be
for Operation and maintenance, $191,200,000 shall be for Procurement to
remain available until September 30, 1999, and $88,300,000 shall be for
Research, development, test and evaluation to remain available until
September 30, 1998.
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; $789,024,000: 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.
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; $139,157,000, of which $137,157,000 shall be for Operation and
maintenance, of which not to exceed $500,000 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 $2,000,000, to remain available until September 30, 1999, shall
be for Procurement.
Anti-Terrorism Activities, Defense
(including transfer of funds)
For anti-terrorism activities of the Department of Defense,
$14,000,000, subject to authorization, for transfer to appropriations
available to the Department of Defense for operation and maintenance,
for procurement, and for research, development, test, and evaluation:
Provided, That the funds appropriated under this heading shall be
available for obligation for the same period and for the same purposes
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained in this Act.
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; $184,200,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account; $94,739,000.
Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Fund
For payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund, as authorized by law; $10,000,000, to
remain available until expended.
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183, $5,100,000,
to be derived from the National Security Education Trust Fund, 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
$1,200,000,000 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. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.
Sec. 8008. 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
1996 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. 8009. 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.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
Javelin missiles;
Arleigh Burke (DDG-51) class destroyers;
MK19-3 grenade machine guns;
M16A2 rifles;
M249 Squad Automatic Weapons;
M4 carbine rifles; and
M240B machine guns.
Sec. 8010. 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. 8011. (a) During fiscal year 1997, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 1998 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 1998 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
1998.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8012. 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. 8013. 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. 8014. (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
3015(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. 8015. 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.
(transfer of funds)
Sec. 8016. 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.
Sec. 8017. For fiscal year 1997, the total amount appropriated in
this Act to fund the Uniformed Services Treatment Facilities program,
operated pursuant to section 911 of Public Law 97-99 (42 U.S.C. 248c),
shall not exceed $331,380,000.
Sec. 8018. 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. 8019. 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. 8020. 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 1998 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, 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.
Sec. 8021. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of any M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.
Sec. 8022. 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. 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.
Sec. 8025. No more than $500,000 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
90 days after certifying in writing to the Congressional defense
committees that such a relocation is required in the best interest of
the Government.
Sec. 8026. 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 sections 331, 332, 333,
or 12406 of title 10, or other provision of law, as
applicable, or
(B) full-time military service for his or her
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. 8027. 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. 8028. 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. 8029. 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. 8030. 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. 8031. (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. 8032. 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. 8033. 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.
Sec. 8034. Of the funds made available in this Act, not less than
$22,700,000 shall be available for the Civil Air Patrol, of which
$19,000,000 shall be available for Operation and Maintenance.
Sec. 8035. 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 or agents 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. 8036. 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. 8037. 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. 8038. 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. 8039. (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.
(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.
(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 1997. 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.
(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.).
Sec. 8040. 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. 8041. During the current fiscal year and hereafter, 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. 8042. 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.
Sec. 8043. 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. 8044. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be obligated for the Young Marines program.
Sec. 8045. 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. 8046. During the current fiscal year and hereafter, annual
payments granted under the provisions of section 4416 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-428; 106
Stat. 2714) shall be made from appropriations in this Act which are
available for the pay of reserve component personnel.
Sec. 8047. 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: Provided, That the Secretary
of Defense may waive this section for Department of Defense support
provided to NATO forces in and around the former Yugoslavia.
Sec. 8048. 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 $100,000.
Sec. 8049. During the current fiscal year and hereafter,
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. 8050. (a) During the current fiscal year, none of the
appropriations or funds available to the Defense Business Operations
Fund shall be used for the purchase of an investment item for the
purpose of acquiring a new inventory item for sale or anticipated sale
during the 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.
(b) The fiscal year 1998 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 1998 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 1998 procurement appropriation and not in the supply
management business area or any other area or category of the Defense
Business Operations Fund.
Sec. 8051. None of the funds provided in this Act shall be
available for use by a Military Department to modify an aircraft,
weapon, ship or other item of equipment, that 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. 8052. 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, 1998.
Sec. 8053. 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. 8054. 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. 8055. 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. 8056. 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.
Sec. 8057. None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An 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. 8058. None of the funds appropriated by this Act shall be
available for a contract for studies, analyses, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the 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,
or
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source, or
(3) the purpose of the contract is to take 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. 8059. Of the funds provided in title VI, under the heading
``Chemical Agents and Munitions Destruction, Defense'', $40,000,000
shall only be available for the initiation of a pilot program to
identify and demonstrate not less than two alternatives to the baseline
incineration process for the demilitarization of assembled chemical
munitions: Provided, That the Under Secretary of Defense for
Acquisition and Technology shall, not later than November 1, 1996,
designate a program executive officer to carry out the pilot program
who is not, nor has been, in direct or immediate control of the
baseline reverse assembly incineration demilitarization program:
Provided further, That the Under Secretary of Defense for Acquisition
and Technology shall evaluate the effectiveness of each alternative
chemical munitions demilitarization technology identified and
demonstrated under the pilot program to demilitarize assembled chemical
munitions while meeting all applicable Federal and State environmental
and safety requirements: Provided further, That the Under Secretary of
Defense for Acquisition and Technology shall transmit, by December 15
of each year, a report to the congressional defense committees on the
activities carried out under the pilot program during the preceding
fiscal year in which the report is to be made: Provided further, That
no funds may be obligated for the initiation of construction of a
baseline incineration facility at the Lexington Blue Grass Army Depot
or the Pueblo Depot activity until 180 days after the Secretary of
Defense has submitted to the congressional defense committees a report
detailing the effectiveness of each alternative chemical munitions
demilitarization technology identified and demonstrated under the pilot
program and its ability to meet the applicable safety and environmental
requirements.
Sec. 8060. Notwithstanding any other provision of law, the
Secretary of Defense may, when he considers it in the best interest of
the United States, cancel any part of an indebtedness, up to $2,500,
that is or was owed to the United States by a member or former member
of a 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 canceled under this section shall be
refunded to the member.
Sec. 8061. Notwithstanding any other provision of law, the
Department of Defense is authorized to enter into interim leasing
arrangements for the Naval Air Facility, Adak, for commercial
reutilization of Department of Defense infrastructure and facilities
consistent with the 1990 Defense Base Closure and Realignment
Commission Act of 1990 (Public Law 101-510, as amended).
(rescissions)
Sec. 8062. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts in the specified amounts:
``Missile Procurement, Air Force, 1995/1997'', $31,900,000;
``Missile Procurement, Air Force, 1996/1998'', $20,000,000;
``Research, Development, Test and Evaluation, Air Force,
1996/1997'', $75,000,000.
Sec. 8063. Of the funds appropriated in the Department of Defense
Appropriations Act, 1996 (Public Law 104-61), under the heading ``Other
Procurement, Army'', the Department of the Army shall grant $477,000 to
the Kansas Unified School District 207 for the purpose of integrating
schools at Fort Leavenworth into the existing fiber optic network on
post.
Sec. 8064. 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.
Sec. 8065. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8066. During the current fiscal year, funds 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.
Sec. 8067. 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.
Sec. 8068. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 1996 level.
Sec. 8069. All refunds or other amounts collected in the
administration of the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) shall be credited to current year
appropriations.
(including transfer of funds)
Sec. 8070. None of the funds appropriated in this Act may be
transferred to or obligated from the Pentagon 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 $1,118,000,000.
Sec. 8071. (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.
(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.
(transfer of funds)
Sec. 8072. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during its 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.
Sec. 8073. 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. 8074. 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.
(transfer of funds)
Sec. 8075. In addition to amounts appropriated or otherwise made
available by this Act, $300,000,000 is hereby appropriated to the
Department of Defense and shall be available only for transfer to the
United States Coast Guard.
Sec. 8076. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State which is not 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, on a
case-by-case basis, in the interest of national security.
Sec. 8077. Notwithstanding any other provision of law, within the
funds available in this Act, the Secretary of the Air Force may enter
into agreements to modify leases of housing units being constructed if
deemed to be in the best interest of the Department. The housing units
shall be assigned, without rental charge, as family housing to members
of the Armed Forces who are eligible for assignment to military family
housing.
Sec. 8078. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate setting forth all
costs (including 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.
(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.
Sec. 8079. To the extent authorized by subchapter VI of Chapter 148
of title 10, United States Code, the Secretary of Defense shall issue
loan guarantees in support of U.S. defense exports not otherwise
provided for: Provided, That the total contingent liability of the
United States for guarantees issued under the authority of this section
may not exceed $15,000,000,000: Provided further, That the exposure
fees charged and collected by the Secretary for each 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 on Appropriations, National Security and International
Relations in the House of Representatives on the implementation of this
program: Provided further, That amounts charged for administrative fees
and deposited to the special account provided for under section
2540c(d) of title 10, shall be available for paying the costs of
administrative expenses of the Department of Defense that are
attributable to the loan guarantee program under subchapter VI of
Chapter 148 of title 10.
Sec. 8080. 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.
Sec. 8081. 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--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8082. (a) None of the funds appropriated or otherwise made
available in this Act may be used to transport or provide for the
transportation of chemical munitions or agents to the Johnston Atoll
for the purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition or agent of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a)
during a period of war in which the United States is a party.
Sec. 8083. During the current fiscal year, appropriations made in
this Act under the heading ``Operation and Maintenance, Defense-Wide''
may be transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same time
period as the appropriations to which transferred, to be used for the
purposes of expenses incurred in connection with a pilot program to
increase the use of Reserve personnel in support of missions of the
Armed Forces and for the use of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8084. None of the funds provided in this Act may be obligated
or expended for the sale of zinc in the National Defense Stockpile if
zinc commodity prices decline more than five percent below the London
Metals Exchange market price reported on the date of enactment of this
Act.
Sec. 8085. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior year,
and the one percent limitation shall apply to the total amount of the
appropriation.
Sec. 8086. During the current fiscal year, and notwithstanding 31
U.S.C. 1552(a), not more than $107,000,000 appropriated under the
heading ``Aircraft Procurement, Air Force'' in Public Law 101-511 and
not more than $15,000,000 appropriated under the heading ``Aircraft
Procurement, Air Force'' in Public Law 102-172 which were available and
obligated for the B-2 Aircraft Program shall remain available for
expenditure and for adjusting obligations for such Program until
September 30, 2002.
Sec. 8087. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to one percent of the total appropriation for that account.
(transfer of funds)
Sec. 8088. 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,
1985/1995'':
For craft, outfitting, and post delivery,
$2,000,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1985/1995'':
DDG-51 Destroyer program, $2,000,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1996'':
LHD-1 amphibious assault ship program, $2,154,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1996'':
For craft, outfitting and post delivery,
$2,154,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1996'':
T-AO fleet oiler program, $1,095,000;
Oceanographic ship program, $735,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1996'':
For craft, outfitting, and post delivery,
$1,830,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'':
T-AO fleet oiler program, $6,571,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'':
SSN-21 attack submarine program, $6,571,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
DDG-51 destroyer program, $12,687,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
LHD-1 amphibious assault ship program, $9,387,000;
MHC coastal mine hunter program, $3,300,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
For escalation, $1,600,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
MHC coastal mine hunter program, $1,600,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
DDG-51 destroyer program, $5,000,000;
LSD-41 cargo variant ship program, $2,700,000;
For craft, outfitting, post delivery, and first
destination transportation, and inflation adjustments,
$1,577,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
AOE combat support ship program, $9,277,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
Carrier replacement program, $18,023,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
MHC coastal mine hunter program, $6,700,000;
AOE combat support ship program, $11,323,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
LHD-1 amphibious assault ship program, $4,100,000;
Mine warfare command and control ship, $1,000,000;
For craft, outfitting, post delivery, and first
destination transportation, $2,000,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
Carrier replacement program, $9,477,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2000'':
NSSN-1 (AP), $3,791,000;
DDG-51 destroyer program, $4,075,000;
CVN Refuelings, $5,212,000;
T-AGS-64 multi-purpose oceanographic survey ship,
$375,000;
For craft, outfitting, post delivery, conversions
and first destination transportation, $11,770,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
DDG-51 destroyer program, $41,800,000.
Sec. 8089. (a) The Secretary of Defense shall require not later
than June 30, 1997, each disbursement by the Department of Defense in
an amount in excess of $3,000,000 be matched to a particular obligation
before the disbursement is made.
(b) The Secretary shall ensure that a disbursement in excess of the
threshold amount applicable under section (a) is not divided into
multiple disbursements of less than that amount for the purpose of
avoiding the applicability of such section to that disbursement.
Sec. 8090. The Under Secretary of Defense (Comptroller) shall
submit to the Congressional defense committees a detailed report
identifying, by amount and by separate budget activity, activity group,
subactivity group, line item, program element, program, project,
subproject, and activity, any activity for which the fiscal year 1998
budget request was reduced because Congress appropriated funds above
the President's budget request for that specific activity for fiscal
year 1997.
Sec. 8091. Notwithstanding any other provision of law, of the funds
appropriated under the heading ``Aircraft Procurement, Navy'' in Public
Law 104-61, $45,000,000 shall be made available only for procurement of
T-39N aircraft, simulators, and support equipment currently used for
training naval flight officers under an existing contract.
Sec. 8092. Notwithstanding 31 U.S.C. 1552(a), of the funds provided
in Department of Defense Appropriations Acts, not more than the
specified amounts of funds from the following accounts shall remain
available for the payment of satellite on-orbit incentive fees until
the fees are paid:
``Missile Procurement, Air Force, 1990/1992'', $17,800,000;
``Missile Procurement, Air Force, 1991/1993'', $19,330,000;
``Missile Procurement, Air Force, 1992/1994'', $23,570,000;
``Missile Procurement, Air Force, 1993/1995'', $16,780,000;
``Missile Procurement, Air Force, 1994/1996'', $16,780,000.
Sec. 8093. (a) Notwithstanding any other provision of law, of the
amounts available to the Department of Defense (department) during
fiscal year 1997, not more than $1,162,650,000 may be obligated for
financing activities of defense federally funded research and
development centers (FFRDCs): Provided, That of the specific amount
referred to previously in this subsection, not more than $206,650,000
may be obligated for financing activities of the defense studies and
analysis FFRDCs: Provided further, That the total amounts appropriated
in titles II, III, and IV of this Act are hereby reduced by $52,286,000
to reflect the overall funding ceiling contained in this subsection.
(b) Within 60 days after enactment of this Act, the Secretary of
Defense shall submit to the Congressional defense committees a report
presenting the specific amounts--in dollars and staff years of
technical effort--to be allocated by the department for each defense
FFRDC during fiscal year 1997.
(c) The Secretary of Defense shall, with the submission of the
department's fiscal year 1998 budget request, submit a report
presenting the specific amounts--in dollars and staff years of
technical effort--to be allocated for each defense FFRDC during that
fiscal year.
(d) The Secretary of Defense may, pursuant to the general transfer
authority granted in Section 8005 of this Act, provide additional funds
to a defense FFRDC: Provided, That any such transfer, irrespective of
amount, shall be subject to a Form DD-1415 reprogramming action
request.
Sec. 8094. 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. 8095. Notwithstanding any other provision of law, none of the
funds appropriated in this Act may be used to purchase, install,
replace, or otherwise repair any lock on a safe or security container
which protects information critical to national security or any other
classified materials and which has not been certified as passing the
security lock specifications contained in regulation FF-L-2740 dated
October 12, 1989, and has not passed all testing criteria and
procedures established through February 28, 1992: Provided, That the
Director of Central Intelligence may waive this provision, on a case-
by-case basis only, upon certification that the above cited locks are
not adequate for the protection of sensitive intelligence information.
Sec. 8096. (a) None of the funds available to the Department of
Defense during fiscal year 1997 may be obligated or expended to modify
established reprogramming procedures, including modifying the below
threshold reprogramming dollar thresholds, until 90 days after any
proposed modification is reported to the Congressional defense
committees along with a detailed justification for that proposed
modification.
(b) The Department of Defense may not modify its policies with
respect to budgeting for low rate initial production test articles
until 90 days after any proposed modification is reported to the
Congressional defense committees along with a detailed justification
for that proposed modification.
(c) For the purposes of this section, the terms ``established
reprogramming procedures'' and the terms ``policies with respect to
budgeting for low rate initial production test articles'' refer to
those procedures and policies which were in effect on January 1, 1996.
(transfer of funds)
Sec. 8097. Of the funds provided in title IV of this Act,
$93,000,000 shall be made available for prostate cancer research:
Provided, That these funds shall be transferred to the Department of
the Army for the execution of a peer review research program: Provided
further, That the transfer authority provided in this section is in
addition to any transfer authority contained elsewhere in this Act.
Sec. 8098. Section 8110 of Public Law 104-61 (109 Stat. 674) is
hereby repealed.
Sec. 8099. (a) Notwithstanding any other provision of this Act, the
number for Military Personnel, Navy shall be $16,948,481,000, the
number for Military Personnel, Air Force shall be $17,026,210,000, the
number for Operation and Maintenance, Army shall be $17,696,659,000,
the number for Operation and Maintenance, Air Force shall be
$17,326,909,000, the number for Operation and Maintenance, Defense-Wide
shall be $9,887,142,000, the number for Overseas Contingency Operations
Transfer Fund shall be $1,140,157,000, the number for Defense Health
Program shall be $10,251,208,000, and the number for Defense Health
Program Operation and Maintenance shall be $9,931,738,000.
(b) Of the funds appropriated under the heading Aircraft
Procurement, Air Force, $11,500,000 shall be made available only for
modifications to B-52 bomber aircraft.
(c) Of the funds appropriated in title VI of this Act, under the
heading Chemical Agents and Munitions Destruction, Defense for
research, development, test and evaluation, $3,000,000 shall only be
for the accelerated development of advanced sensors for the Army's
Mobile Munitions Assessment System.
(d) Of the funds appropriated in title IV of this Act, under the
heading Research, Development, Test and Evaluation, Defense-Wide,
$56,200,000 shall be available for the Corps Surface-to-Air Missile
(CORPS SAM) program and $515,743,000 shall be available for the Other
Theater Missile Defense/Follow-On TMD Activities program.
(e) Funds appropriated in title II of this Act for supervision and
administration costs for facilities maintenance and repair, minor
construction, or design projects may be obligated at the time the
reimbursable order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and administration
costs includes all in-house Government cost.
(f) Of the funds appropriated in title IV of this Act, under the
heading Research, Development, Test and Evaluation, Navy, $2,000,000 is
available for titanium processing technology.
(g) Advance billing for services provided or work performed by the
Navy's defense business operating fund activities is prohibited:
Provided, That of the funds appropriated under the heading Operation
and Maintenance, Navy, $2,976,000,000 shall be available only for depot
maintenance activities and programs, and $989,700,000 shall be
available only for real property maintenance activities.
(h) The Secretary of Defense may waive reimbursement of the cost of
conferences, seminars, courses of instruction, or similar educational
activities of the Asia-Pacific Center for Security Studies for military
officers and civilian officials of foreign nations if the Secretary
determines that attendance by such personnel, without reimbursement, is
in the national security interest of the United States: Provided, That
costs for which reimbursement is waived pursuant to this subsection
shall be paid from appropriations available for the Asia-Pacific
Center.
(i) Of the funds appropriated in title IV of this Act, under the
heading Research, Development, Test and Evaluation, Defense-Wide,
$3,000,000 shall be available for a defense technology transfer pilot
program.
(j) Of the funds appropriated in title IV of this Act, under the
heading Research, Development, Test and Evaluation, Navy, $4,000,000 is
available for the establishment of the National Coastal Data Centers
required by section 7901(c) of title 10, United States Code, as added
by the National Defense Authorization Act for fiscal year 1997.
(k)(1) Of the amounts appropriated or otherwise made available by
this Act for the Department of the Air Force, $2,000,000 shall be
available to provide comprehensive care and rehabilitation services to
children with disabilities who are dependents of members of the Armed
Forces at Lackland Air Force Base, Texas.
(2) Subject to paragraph (3), the Secretary of the Air Force shall
grant the funds available under subsection (a) to the Children's
Association for Maximum Potential (CAMP) for use by the association to
defray the costs of designing and constructing the facility referred to
in paragraph (1).
(3)(A) The Secretary may not make a grant of funds under paragraph
(2) until the Secretary and the association enter into an agreement
under which the Secretary leases to the association the facility to be
constructed using the funds.
(B)(i) The term of the lease under paragraph (1) may not be less
than 25 years.
(ii) As consideration for the lease of the facility, the
association shall assume responsibility for the operation and
maintenance of the facility, including the costs of such operation and
maintenance.
(C) The Secretary may require such additional terms and conditions
in connection with the lease as the Secretary considers appropriate to
protect the interests of the United States.
Sec. 8100. None of the funds appropriated by this Act may be
obligated or expended--
(1) to reduce the number of units of special operations
forces of the Army National Guard during fiscal year 1997;
(2) to reduce the authorized strength of any such unit
below the strength authorized for the unit as of September 30,
1996; or
(3) to apply any administratively imposed limitation on the
assigned strength of any such unit at less than the strength
authorized for that unit as of September 30, 1996.
Sec. 8101. (a) The Secretary of the Army shall ensure that
solicitations for contracts for unrestricted procurement to be entered
into using funds appropriated for the Army by this Act include, where
appropriate, specific goals for subcontracts with small businesses,
small disadvantages businesses, and women owned small businesses.
(b) The Secretary shall ensure that any subcontract entered into
pursuant to a solicitation referred to in subsection (a) that meets a
specific goal referred to in that subsection is credited toward the
overall goal of the Army for subcontracts with the businesses referred
to in that subsection.
Sec. 8102. (a) The Secretary of the Air Force and the Director of
the Office of Personnel Management shall submit a joint report
describing in detail the benefits, allowances, services, and any other
forms of assistance which may or shall be provided to any civilian
employee of the Federal Government or to any private citizen, or to the
family of such an individual, who is injured or killed while traveling
on an aircraft owned, leased, chartered, or operated by the Government
of the United States.
(b) The report required by subsection (a) above shall be submitted
to the congressional defense committees and to the Committee on
Governmental Affairs of the Senate and the Committee on Government
Reform and Oversight of the House of Representatives not later than
December 15, 1996.
Sec. 8103. (a) Not later than March 1, 1997, the Deputy Secretary
of Defense shall submit to the defense committees a report on
Department of Defense procurements of propellant raw materials.
(b) The report shall include the following:
(1) The projected future requirements of the Department of
Defense for propellant raw materials, such as nitrocellulose.
(2) The capacity, ability, and production cost rates of the
national technology and industrial base, including Government-
owned, contractor-operated facilities, contractor owned and
operated facilities, and Government-owned, Government-operated
facilities, for meeting such requirements.
(3) The national security benefits of preserving in the
national technology and industrial base contractor owned and
operated facilities for producing propellant raw materials,
including nitrocellulose.
(4) The extent to which the cost rates for production of
nitrocellulose in Government-owned, contractor-operated
facilities is lower because of the relationship of those
facilities with the Department of Defense than such rates would
be without that relationship.
(5) The advantages and disadvantages of permitting
commercial facilities to compete for award of Department of
Defense contracts for procurement of propellant raw materials,
such as nitrocellulose.
Sec. 8104. Not later than six months after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
Congress a cost-benefit analysis of consolidating the ground station
infrastructure of the Air Force that supports polar orbiting
satellites.
Sec. 8105. (a) Not later than April 1, 1997, the Comptroller
General shall, in consultation with the Inspector General of the
Department of Defense, the Secretary of Defense, and the Secretary of
Labor, submit to Congress a report which shall include the following--
(1) an analysis and breakdown of the restructuring costs
paid by or submitted to the Department of Defense to companies
involved in business combinations since 1993;
(2) an analysis of the specific costs associated with
workforce reductions;
(3) an analysis of the services provided to the workers
affected by business combinations;
(4) an analysis of the effectiveness of the restructuring
costs used to assist laid off workers in gaining employment;
(5) in accordance with section 818 of 10 U.S.C. 2324, an
analysis of the savings reached from the business combination
relative to the restructuring costs paid by the Department of
Defense.
(b) The report should set forth recommendations to make this
program more effective for workers affected by business combinations
and more efficient in terms of the use of Federal dollars.
Sec. 8106. (a) Lease of Property for Construction of Reserve
Center.--(1) The Secretary of the Navy may lease, without
reimbursement, to the State of Mississippi (in this section referred to
as the ``State''), approximately five acres of real property located at
Naval Air Station, Meridian, Mississippi, only for use by the State to
construct a reserve center of approximately 22,000 square feet and
ancillary supporting facilities.
(2) The term of the lease under this subsection shall expire on the
same date that the lease authorized by subsection (b) expires.
(b) Leaseback of Reserve Center.--(1) The Secretary may lease from
the State the property and improvements constructed pursuant to
subsection (a) for a five-year period. The term of the lease shall
begin on the date on which the improvements are available for
occupancy, as determined by the Secretary.
(2) Rental payments under the lease under paragraph (1) may not
exceed $200,000 per year, and the total amount of the rental payments
for the entire period may not exceed 20 percent of the total cost of
constructing the reserve center and ancillary supporting facilities.
(3) Subject to the availability of appropriations for this purpose,
the Secretary may use funds appropriated pursuant to an authorization
of appropriations for the operation and maintenance of the Naval
Reserve to make rental payments required under this subsection.
(c) Effect of Termination of Leases.--At the end of the lease term
under subsection (b), the State shall convey, without reimbursement, to
the United States all right, title, and interest of the State in the
reserve center and ancillary supporting facilities subject to the
lease.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the leases
under this section as the Secretary considers appropriate to protect
the interests of the United States.
Sec. 8107. None of the funds provided for the purchase of the T-39N
may be obligated until the Under Secretary of Defense for Acquisition
certifies to the defense committees that the contract was awarded on
the basis of and following a full and open competition consistent with
current Federal acquisition statutes.
Sec. 8108. (a) Repeal of Temporary Requirement Relating to
Employment.--Title VII of the Department of Defense Appropriations Act,
1996 (Public Law 104-61; 109 Stat. 650), is amended under the heading
``National Security Education Trust Fund'' by striking out the proviso.
(b) General Program Requirements.--Subsection (a)(1) of section 802
of the David L. Boren National Security Education Act of 1991 (title
VIII of Public Law 102-183; 50 U.S.C. 1902) is amended--
(1) by striking out subparagraph (A) and inserting in lieu
thereof the following new subparagraph (A):
``(A) awarding scholarships to undergraduate
students who--
``(i) are United States citizens in order
to enable such students to study, for at least
one academic semester or equivalent term, in
foreign countries that are critical countries
(as determined under section 803(d)(4)(A) of
this title) in those languages and study areas
where deficiencies exist (as identified in the
assessments undertaken pursuant to section
806(d) of this title); and
``(ii) pursuant to subsection (b)(2)(A) of
this section, enter into an agreement to work
for, and make their language skills available
to, an agency or office of the Federal
Government or work in the field of higher
education in the area of study for which the
scholarship was awarded;''; and
(2) in subparagraph (B)--
(A) in clause (i), by inserting ``relating to the
national security interests of the United States''
after ``international fields''; and
(B) in clause (ii)--
(i) by striking out ``subsection (b)(2)''
and inserting in lieu thereof ``subsection
(b)(2)(B)''; and
(ii) by striking out ``work for an agency
or office of the Federal Government or in'' and
inserting in lieu thereof ``work for, and make
their language skills available to, an agency
or office of the Federal Government or work
in''.
(c) Service Agreement.--Subsection (b) of that section is amended--
(1) in the matter preceding paragraph (1), by striking out
``, or of scholarships'' and all that follows through ``12
months or more,'' and inserting in lieu thereof ``or any
scholarship''.
(2) by striking out paragraph (2) and inserting in lieu
thereof the following new paragraph (2):
``(2) will--
``(A) not later than eight years after such
recipient's completion of the study for which
scholarship assistance was provided under the program,
and in accordance with regulations issued by the
Secretary--
``(i) work in an agency or office of the
Federal Government having national security
responsibilities (as determined by the
Secretary in consultation with the National
Security Education Board) and make available
such recipient's foreign language skills to an
agency or office of the Federal Government
approved by the Secretary (in consultation with
the Board), upon the request of the agency or
office, for a period specified by the
Secretary, which period shall be no longer than
the period for which scholarship assistance was
provided; or
``(ii) if the recipient demonstrates to the
Secretary (in accordance with such regulations)
that no position in an agency or office of the
Federal Government having national security
responsibilities is available, work in the
field of higher education in a discipline
relating to the foreign country, foreign
language, area study, or international field of
study for which the scholarship was awarded,
for a period specified by the Secretary, which
period shall be determined in accordance with
clause (i); or
``(B) upon completion of such recipient's education
under the program, and in accordance with such
regulations--
``(i) work in an agency or office of the
Federal Government having national security
responsibilities (as so determined) and make
available such recipient's foreign language
skills to an agency or office of the Federal
Government approved by the Secretary (in
consultation with the Board), upon the request
of the agency or office, for a period specified
by the Secretary, which period shall be not
less than one and not more than three times the
period for which the fellowship assistance was
provided; or
``(ii) if the recipient demonstrates to the
Secretary (in accordance with such regulations)
that no position in an agency or office of the
Federal Government having national security
responsibilities is available upon the
completion of the degree, work in the field of
higher education in a discipline relating to
the foreign country, foreign language, area
study, or international field of study for
which the fellowship was awarded, for a period
specified by the Secretary, which period shall
be established in accordance with clause (i);
and''.
(d) Evaluation of Progress in Language Skills.--Such section 802 is
further amended by--
(1) redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Evaluation of Progress in Language Skills.--The Secretary
shall, through the National Security Education Program office,
administer a test of the foreign language skills of each recipient of a
scholarship or fellowship under this title before the commencement of
the study or education for which the scholarship or fellowship is
awarded and after the completion of such study or education. The
purpose of the tests is to evaluate the progress made by recipients of
scholarships and fellowships in developing foreign language skills as a
result of assistance under this title.''.
(e) Functions of the National Security Education Board.--Section
803(d) of that Act (50 U.S.C. 1903(d)) is amended--
(1) in paragraph (1), by inserting ``, including an order
of priority in such awards that favors individuals expressing
an interest in national security issues or pursuing a career in
an agency or office of the Federal Government having national
security responsibilities'' before the period;
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking out ``Make recommendations'' and inserting in
lieu thereof ``After taking into account the annual
analyses of trends in language, international, and area
studies under section 806(b)(1), make
recommendations'';
(B) in subparagraph (A), by inserting ``and
countries which are of importance to the national
security interests of the United States'' after ``are
studying''; and
(C) in subparagraph (B), by inserting ``relating to
the national security interests of the United States''
after ``of this title'';
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) Encourage applications for fellowships under this
title from graduate students having an educational background
in disciplines relating to science or technology.
``(6) Provide the Secretary on an on-going basis with a
list of scholarship recipients and fellowship recipients who
are available to work for, or make their language skills
available to, an agency or office of the Federal Government
having national security responsibilities.''.
(f) Report on Program.--(1) Not later than six months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report assessing the improvements to the program
established under the David L. Boren National Security Education Act of
1991 (title VIII of Public Law 102-183; 50 U.S.C. 1901 et seq.) that
result from the amendments made by this section.
(2) The report shall also include an assessment of the contribution
of the program, as so improved, in meeting the national security
objectives of the United States.
Sec. 8109. Any college or university that receives Federal funding
under this Act must report annually to the Office of Management and
Budget on the average cost of tuition at their school for that year and
the previous two years.
Sec. 8110. (a) The Secretary of Defense and the Secretary of State
shall jointly conduct an audit of security measures at all United
States military installations outside the United States to determine
the adequacy of such measures to prevent or limit the effects of
terrorist attacks on United States military personnel.
(b) Not later than March 31, 1997, the Secretary of Defense and the
Secretary of State shall jointly submit to Congress a report on the
results of the audit conducted under subsection (a), including a
description of the adequacy of--
(1) physical and operational security measures;
(2) access and perimeter control;
(3) communications security;
(4) crisis planning in the event of a terrorist attack,
including evacuation and medical planning;
(5) special security considerations at nonpermanent
facilities;
(6) potential solutions to inadequate security, where
identified; and
(7) cooperative security measures with host nations.
Sec. 8111. (a) Future-years Defense Programs.--Section 221 of title
10, United States Code, is amended by adding at the end the following:
``(d) The President shall submit to Congress each year, at the same
time the President submits to Congress the budget for that year under
section 1105(a) of title 31, the future-years defense program
(including associated annexes) that the Chief of the National Guard
Bureau and the chiefs of the reserve components submitted to the
Secretary of Defense in that year in order to assist the Secretary in
preparing the future-years defense program in that year under
subsection (a).''.
(b) Effective Date.--This section shall take effect beginning with
the President's budget submission for fiscal year 1999.
Sec. 8112. Beginning with fiscal year 1997, the Secretary of
Defense shall establish a program element for the Office of the
Secretary of Defense for the purpose of funding emergency anti-
terrorism activities. Funds available for that program element for
fiscal year 1997 shall be in addition to funds appropriated under other
provisions of this Act for anti-terrorism and are available for the
Secretary of Defense to respond quickly to emergency anti-terrorism
requirements that are identified by commanders of the unified combatant
commands or commanders of joint task forces in response to a change in
terrorist threat level.
Sec. 8113. Of the funds appropriated in title II of this Act, not
less than $7,100,000 is available to perform the environmental impact
statement and associated baseline studies necessary to prepare an
application for renewal of use of the McGregor Range at Fort Bliss,
Texas.
Sec. 8114. Of the total amount appropriated under title II,
$20,000,000 shall be available subject to authorization, until
expended, for payments to Vietnamese commandos captured and
incarcerated by North Vietnam after having entered the Democratic
Republic of Vietnam pursuant to operations under a Vietnam era
operation plan known as ``OPLAN 34A'', or its predecessor, and to
Vietnamese operatives captured and incarcerated by North Vietnamese
forces while participating in operations in Laos or along the Lao-
Vietnamese border pursuant to ``OPLAN 35'', who died in captivity or
who remained in captivity after 1973, and who have not received payment
from the United States for the period spent in captivity.
Sec. 8115. In addition to amounts provided elsewhere in this Act,
$150,000,000 is appropriated for defense against weapons of mass
destruction, including domestic preparedness, interdiction of weapons
of mass destruction and related materials, control and disposition of
weapons of mass destruction and related materials threatening the
United States, coordination of policy and countermeasures against
proliferation of weapons of mass destruction, and miscellaneous related
programs, projects, and activities as authorized by law: Provided, That
the total amount available under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for the Joint Technology Insertion
program shall be $2,523,000: Provided further, That the total amount
appropriated under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'' is hereby reduced by $12,000,000: Provided
further, That the total amount appropriated under the heading
``Operation and Maintenance, Defense-Wide'' is hereby reduced by
$138,000,000.
Sec. 8116. (a) Not more than 90 percent of the funds appropriated
or otherwise made available by this Act for the procurement of F/A-18E/
F aircraft may be obligated or expended for the procurement of such
aircraft until 30 days after the Secretary of Defense has submitted to
the congressional defense committees a report on the F/A-18E/F aircraft
program which contains the following:
(1) A review of the F/A-18E/F aircraft program.
(2) An analysis and estimate of the production costs of the
program for the total number of aircraft realistically expected
to be procured at each of four annual production rates as
follows:
(A) 18 aircraft
(B) 24 aircraft.
(C) 36 aircraft.
(D) 48 aircraft.
(3) A comparison of the costs and benefits of the F/A-18E/F
program with the costs and benefits of the F/A-18C/D aircraft
program taking into account the operational combat
effectiveness of the aircraft.
(b) Not later than 30 days after the Secretary of Defense has
submitted the report required by subsection (a), the Comptroller
General of the United States shall submit to the congressional defense
committees an analysis of the report submitted by the Secretary.
This Act may be cited as the ``Department of Defense Appropriations
Act, 1997''.
Passed the House of Representatives June 13, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate July 18, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary.