[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3610 Reported in House (RH)]
Union Calendar No. 305
104th CONGRESS
2d Session
H. R. 3610
[Report No. 104-617]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes.
_______________________________________________________________________
June 11, 1996
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Union Calendar No. 305
104th CONGRESS
2d Session
H. R. 3610
[Report No. 104-617]
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 1996
Mr. Young of Florida, from the Committee on Appropriations, reported
the following bill; which was committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 1997, and for other purposes.3
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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; $20,692,838,000.
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; $17,000,856,000.
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; $6,103,808,000.
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;
$17,099,550,000.
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;
$2,083,379,000.
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; $1,392,406,000.
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;
$387,943,000.
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; $780,497,000.
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;
$3,279,393,000.
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;
$1,294,490,000.
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; $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.
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;
$20,390,397,000 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.
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;
$2,465,077,000.
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; $17,938,755,000 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.
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;
$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.
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; $1,116,436,000.
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; $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.
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; $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.
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; $1,491,553,000.
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); $2,268,477,000.
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;
$2,671,373,000.
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; $6,797,000, of which not to exceed $2,500
can be used for official representation purposes.
Environmental Restoration, Defense
(including transfer of funds)
For the Department of Defense; $1,333,016,000, 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.
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); $60,544,000, 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; $302,900,000, to remain available for
obligation until September 30, 1999.
QUALITY OF LIFE ENHANCEMENTS, DEFENSE
(including transfer of funds)
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--
(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
(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:
Army, $165,000,000;
Navy, $75,000,000;
Marine Corps, $40,000,000;
Air Force, $120,000,000;
Army Reserve, $20,000,000;
Navy Reserve, $20,000,000;
Marine Corps Reserve, $2,000,000;
Air Force Reserve, $16,000,000;
Army National Guard, $29,000,000; and
Air National Guard, $13,000,000.
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; $1,308,709,000, 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; $1,044,767,000, to remain available for obligation until
September 30, 1999: Provided, That of the funds appropriated in this
paragraph, $16,938,000 shall not be obligated or expended until
authorized by law.
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;
$1,500,414,000, 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.
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; $1,150,128,000, 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; $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.
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; $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.
Weapons Procurement, Navy
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.
Procurement of Ammunition, Navy and Marine Corps
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.
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; $4,719,930,000, 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.
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; $2,889,591,000, 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.
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; $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.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things; $7,326,628,000, to remain available for
obligation until September 30, 1999: Provided, That of the funds
appropriated in this paragraph, $54,700,000 shall not be obligated or
expended until authorized by law.
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;
$2,279,500,000, to remain available for obligation until September 30,
1999.
Procurement of Ammunition, Air Force
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.
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;
$6,078,539,000, 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; 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.
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; $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.
TITLE IV
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Research, Development, Test, and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $4,874,537,000, 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.
Research, Development, Test, and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $8,399,357,000, 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.
Research, Development, Test, and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment, as
authorized by law; $14,969,573,000, 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, $1,698,486,000 shall not be obligated
or expended until authorized by law.
Research, Development, Test, and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, as authorized by law;
$9,068,558,000, 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.
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; $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.
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; $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.
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 (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.
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;
$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.
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, $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.
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; $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.
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; $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.
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; $196,400,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account; $149,555,000.
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.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 per centum of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last two months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$2,000,000,000 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.
(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;
Army Tactical Missile System (ATACMS);
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. 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.
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 M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 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. 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.
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.
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.
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 section 331, 332, 333, or
12406 of title 10, or other provision of law, as
applicable, or
(B) full-time military service for his State, the
District of Columbia, the Commonwealth of Puerto Rico,
or a territory of the United States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without
regard to the provisions of sections 5519 and 6323(b)
of title 5, if such employee is otherwise entitled to
such annual leave:
Provided, That any employee who requests leave under subsection (3)(A)
for service described in subsection (2) of this section is entitled to
such leave, subject to the provisions of this section and of the last
sentence of section 6323(b) of title 5, and such leave shall be
considered leave under section 6323(b) of title 5.
Sec. 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
$15,426,000 shall be available for Operation and Maintenance.
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.
(b) Limitation on Compensation.--No member of a Board of Directors,
Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting
Committee, or any similar entity of a defense FFRDC, and no paid
consultant to any defense FFRDC, may be compensated for his or her
services as a member of such entity, or as a paid consultant, except
under the same conditions, and to the same extent, as members of the
Defense Science Board: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the Department of Defense from any source during fiscal
year 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.
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.
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. 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.
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. (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.
(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.
(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.
(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.
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. (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.).
(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.
(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.
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. 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.
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.
(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.
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.
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.
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.
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 $1,218,000,000.
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 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.
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.
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.
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.
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.
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.
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. (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.
(b) Covered Activities.--(1) This section applies to--
(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
(B) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(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
(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.
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. 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.
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.
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).
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), 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.
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.
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.
Sec. 8089. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $350,000,000
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'', $226,400,000.
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.
Sec. 8091. In applying section 9005 of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396)--
(1) synthetic fabric and coated synthetic fabric shall be
deemed to include synthetic fiber and yarn and their products;
and
(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.
Sec. 8092. Trade-off Study of Current and Future Deep-Strike
Capabilities.--
(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.
(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.
(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.
(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.
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.
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--
(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
(2) a high importance is assigned to such factor.
(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.
(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.
(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).
(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.
(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).
(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.
This Act may be cited as the ``Department of Defense Appropriations
Act, 1997''.