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104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-344
_______________________________________________________________________
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1996, AND FOR OTHER PURPOSES
_______
November 15, 1995.--Ordered to be printed
_______________________________________________________________________
Mr. Young of Florida, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2126]
The Committee of Conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2126) ``making appropriations for the Department of Defense for
the fiscal year ending September 30, 1996, and for other
purposes,'' having met, after further full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated,
for the fiscal year ending September 30, 1996, 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, interest on
deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements),
and expenses of temporary duty travel between permanent duty
stations, for members of the Army on active duty (except
members of reserve components provided for elsewhere), cadets,
and aviation cadets; and for payments pursuant to section 156
of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement Fund;
$19,946,187,000.
Military Personnel, Navy
For pay, allowances, individual clothing, interest on
deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements),
and expenses of temporary duty travel between permanent duty
stations, for members of the Navy on active duty (except
members of the Reserve provided for elsewhere), midshipmen, and
aviation cadets; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), to section
229(b) of the Social Security Act (42 U.S.C. 429(b)), and to
the Department of Defense Military Retirement Fund;
$17,008,563,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, interest on
deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements),
and expenses of
temporary duty travel between permanent duty stations, for
members of the Marine Corps on active duty (except members of
the Reserve provided for elsewhere); and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), and to the Department of Defense Military Retirement
Fund; $5,885,740,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, interest on
deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements),
and expenses of temporary duty travel between permanent duty
stations, for members of the Air Force on active duty (except
members of reserve components provided for elsewhere), cadets,
and aviation cadets; and for payments pursuant to section 156
of Public Law 97-377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement Fund;
$17,207,743,000.
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; $2,122,466,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve
on active duty under section 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; $1,355,523,000.
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;
$378,151,000.
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; $784,586,000.
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; $3,242,422,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under section 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; $1,259,627,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $14,437,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes; $18,321,965,000 and, in addition, $50,000,000 shall
be derived by transfer from the National Defense Stockpile
Transaction Fund.
Operation and Maintenance, Navy
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $4,151,000 can be used for
emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Navy, and
payments may be made on his certificate of necessity for
confidential military purposes; $21,279,425,000 and, in
addition, $50,000,000 shall be derived by transfer from the
National Defense Stockpile Transaction Fund: Provided, That of
the funds appropriated under this heading, $595,100,000 shall
be available only for the liquidation of prior year accumulated
operating losses of the Department of the Navy activities
included in the Defense Business Operations Fund.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law; $2,392,522,000.
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 $8,326,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes; $18,561,267,000 and, in addition,
$50,000,000 shall be derived by transfer from the National
Defense Stockpile Transaction Fund: Provided, That the
Secretary of the Air Force may acquire all right, title, and
interest of any party in and to parcels of real property,
including improvements thereon, consisting of not more than 92
acres, located near King Salmon Air Force Station for the
purpose of conducting a response action in accordance with the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601-9675) and the Air Force
Installation Restoration Program.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
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; $10,388,595,000, of which not to exceed
$25,000,000 may be available for the CINC initiative fund
account; and of which not to exceed $28,588,000 can be used for
emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of Defense, and payments
may be made on his certificate of necessity for confidential
military purposes: Provided, That of the funds appropriated
under this heading, $20,000,000 shall be made available only
for use in federally owned education facilities located on
military installations for the purpose of transferring title of
such facilities to the local education agency: Provided
further, That of the funds available under this heading,
$300,000,000 shall be available only for transfer to the Coast
Guard in support of the national security functions of the
Coast Guard, while operating in conjunction with and in support
of the Navy: Provided further, That funds transferred pursuant
to this section are in addition to transfer authority provided
elsewhere in this Act.
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;
$1,119,191,000.
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;
$859,542,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications; $100,283,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications; $1,519,287,000.
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); $2,440,808,000.
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;
$2,776,221,000.
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; $6,521,000, of which not
to exceed $2,500 can be used for official representation
purposes.
Environmental Restoration, Defense
(including transfer of funds)
For the Department of Defense; $1,422,200,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes (including
programs and operations at sites formerly used by the
Department of Defense), transfer the funds made available by
this appropriation to other appropriations made available to
the Department of Defense, to be merged with and to be
available for the same purposes and for the same period as the
appropriations of funds to which transferred, as follows:
Operation and Maintenance, Army, $631,900,000;
Operation and Maintenance, Navy, $365,300,000;
Operation and Maintenance, Air Force, $368,000,000;
and
Operation and Maintenance, Defense-wide,
$57,000,000:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation.
Summer Olympics
For logistical support and personnel services (other than
pay and non-travel-related allowances of members of the Armed
Forces of the United States, except for members of the reserve
components thereof called or ordered to active duty to provide
support for the 1996 Games of the XXVI Olympiad to be held in
Atlanta, Georgia) provided by any component of the Department
of Defense to the 1996 Games of the XXVI Olympiad; $15,000,000:
Provided, That funds appropriated under this heading shall
remain available for obligation until September 30, 1997.
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);
$50,000,000: Provided, That of the funds available under this
heading, $20,000,000 shall be available for training and
activities related to the clearing of landmines for
humanitarian purposes.
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; $300,000,000 to remain available
until expended.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes; $1,558,805,000, to remain
available for obligation until September 30, 1998: Provided,
That not less than nine UH-60L helicopters shall be made
available to the Army National Guard for the medical evacuation
mission.
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; $865,555,000, to remain
available for obligation until September 30, 1998.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes; $1,652,745,000, to remain available for
obligation until September 30, 1998.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities authorized by section 2854,
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes; $1,110,685,000, to remain available for
obligation until September 30, 1998.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and nontracked combat
vehicles; the purchase of not to exceed 41 passenger motor
vehicles for replacement only; communications and electronic
equipment; other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes; $2,769,443,000, to remain
available for obligation until September 30, 1998.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; $4,589,394,000, to remain available for
obligation until September 30, 1998.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, 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; $1,669,827,000, to remain
available for obligation until September 30, 1998.
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; $430,053,000, to remain available for
obligation until September 30, 1998.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including armor
and armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long leadtime components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefore, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
For continuation of the SSN-21 attack submarine
program, $700,000,000;
NSSN-1 (AP), $704,498,000;
NSSN-2 (AP), $100,000,000;
CVN Refuelings, $221,988,000;
DDG-51 destroyer program, $2,169,257,000;
LHD-1 amphibious assault ship program,
$1,300,000,000;
LPD-17 amphibious transport dock ship,
$974,000,000;
Fast patrol craft, $9,500,000;
T-AGS-64 multi-purpose oceanographic survey ship,
$16,000,000;
LSD-52, $20,000,000; and
For craft, outfitting, post delivery, conversions,
and first destination transportation, $428,715,000;
In all: $6,643,958,000, to remain available for obligation
until September 30, 2000: Provided, That additional obligations
may be incurred after September 30, 2000, for engineering
services, tests, evaluations, and other such budgeted work that
must be performed in the final stage of ship construction:
Provided further, That none of the funds herein provided for
the construction or conversion of any naval vessel to be
constructed in shipyards in the United States shall be expended
in foreign facilities for the construction of major components
of such vessel: Provided further, That none of the funds herein
provided shall be used for the construction of any naval vessel
in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of not to exceed
252 passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary
therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; $2,483,581,000, to remain available for obligation
until September 30, 1998.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of not to exceed 194 passenger
motor vehicles for replacement only; and expansion of public
and private plants, including land necessary therefor, and such
lands and interests therein, may be acquired and construction
prosecuted thereon prior to approval of title; $458,947,000, to
remain available for obligation until September 30, 1998.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things; $7,367,983,000, to remain
available for obligation until September 30, 1998.
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; $2,943,931,000, to remain
available for obligation until September 30, 1998.
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; $338,800,000, to remain available for
obligation until September 30, 1998.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of not to exceed 385 passenger motor vehicles
for replacement only; the purpose of 1 vehicle required for
physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to exceed
$260,000 per vehicle; and expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; $6,284,230,000, to remain
available for obligation until September 30, 1998.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of not to exceed 451 passenger motor
vehicles, of which 447 shall be for replacement only; expansion
of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition
of land for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway;
$2,124,379,000, to remain available for obligation until
September 30, 1998.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement for
the reserve components of the Armed Forces; $777,000,000, to
remain available for obligation until September 30, 1998:
Provided, That the Chiefs of the Reserve and National Guard
components shall, not later than 30 days after the enactment of
this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective Reserve or National Guard component.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, as authorized by law; $4,870,684,000, to remain
available for obligation until September 30, 1997.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, as authorized by law; $8,748,132,000, to remain
available for obligation until September 30, 1997: Provided,
That of the funds provided in Public Law 103-335, in title IV,
under the heading ``Research, Development, Test and Evaluation,
Navy'', $5,000,000 shall be made available as a grant only to
the Marine and Environmental Research and Training Station
(MERTS) for laboratory and other efforts associated with
research, development, and other programs of major importance
to the Department of Defense: Provided further, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique requirements of the Special
Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, as authorized by law; $13,126,567,000, to remain
available for obligation until September 30, 1997: 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 not less than $9,500,000
of the funds appropriated in this paragraph shall be made
available only for the Joint Seismic Program and the Global
Seismographic Network.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, as authorized by law; $9,411,057,000, to remain
available for obligation until September 30, 1997: Provided,
That not less than $200,442,000 of the funds appropriated in
this paragraph shall be made available only for the Sea-Based
Wide Area Defense (Navy Upper-Tier) program: Provided further,
That the funds made available under the second proviso under
this heading in Public Law 103-335 (108 Stat. 2613) shall also
be available to cover the reasonable costs of the
administration of loan guarantees referred to in that proviso
and shall be available to cover such costs of administration
and the costs of such loan guarantees until September 30, 1998.
Developmental Test and Evaluation, Defense
For expenses, not otherwise provided for, of independent
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; $251,082,000, to remain available for obligation
until September 30, 1997.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation in the direction and supervision of operational test
and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith;
$22,587,000, to remain available for obligation until September
30, 1997.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Business Operations Fund
For the Defense Business Operations Fund; $878,700,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App 1744); $1,024,220,000, to remain
available until expended: Provided, That none of the funds
provided in this paragraph shall be used to award a new
contract that provides for the acquisition of any of the
following major components unless such components are
manufactured in the United States: auxiliary equipment,
including pumps, for all ship-board services; propulsion system
components (that is; engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes: Provided
further, That the exercise of an option in a contract awarded
through the obligation of previously appropriated funds shall
not be considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate, that adequate domestic supplies are not available to
meet Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That the Secretary of the Navy may obligate not to exceed
$110,000,000 from available appropriations to the Navy for the
procurement of one additional MPS ship.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense, as
authorized by law; $10,226,358,000, of which $9,938,325,000
shall be for Operation and maintenance, of which $288,033,000,
to remain available for obligation until September 30, 1998,
shall be for Procurement: Provided, That of the funds
appropriated under this heading, $14,500,000 shall be made
available for obtaining emergency communications services for
members of the Armed Forces and their families from the
American National Red Cross as authorized by law: Provided
further, That the date for implementation of the nation-wide
managed care military health services system shall be extended
to September 30, 1997: Provided further, That of the funds
provided under this heading, $3,400,000 is available only to
permit private sector or non-Federal physicians, who have used
and will use the antibacterial treatment method based upon the
excretion of dead decaying spherical bacteria to work in
conjunction with the Walter Reed Army Medical Center on a
treatment protocol and related studies for Desert Storm
Syndrome-affected veterans.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon
stockpile, $672,250,000, of which $353,850,000 shall be for
Operation and maintenance, $265,000,000 shall be for
Procurement to remain available until September 30, 1998, and
$53,400,000 shall be for Research, development, test and
evaluation to remain available until September 30, 1997.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for Operation and maintenance;
for Procurement; and for Research, development, test and
evaluation; $688,432,000: Provided, That the funds appropriated
by this paragraph shall be available for obligation for the
same time period and for the same purpose as the appropriation
to which transferred: Provided further, That the transfer
authority provided in this paragraph is in addition to any
transfer authority contained elsewhere in this Act.
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; $178,226,000, of which $177,226,000
shall be for Operation and maintenance, of which not to exceed
$400,000 is available for emergencies and extraordinary
expenses to be expended on the approval or authority of the
Inspector General, and payments may be made on his certificate
of necessity for confidential military purposes; and of which
$1,000,000 to remain available until September 30, 1998, shall
be for Procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System; $213,900,000.
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183,
$7,500,000, to be derived from the National Security Education
Trust Fund, to remain available until expended: Provided, That
any individual accepting a scholarship or fellowship from this
program agrees to be employed by the Department of Defense or
in the Intelligence Community in accordance with Federal
employment standards.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account; $90,683,000.
Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Trust Fund
For payment to the Kaho'olawe Island Conveyance,
Remediation, and Environmental Restoration Trust Fund, as
authorized by law, $25,000,000, to remain available until
expended.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That
salary increases granted to direct and indirect hire foreign
national employees of the Department of Defense funded by this
Act shall not be at a rate in excess of the percentage increase
authorized by law for civilian employees of the Department of
Defense whose pay is computed under the provisions of section
5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation
to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense
foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State
under the Foreign Service Act of 1980: Provided further, That
the limitations of this provision shall not apply to foreign
national employees of the Department of Defense in the Republic
of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 per centum of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last two months of
the fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget,
transfer not to exceed $2,400,000,000 of working capital funds
of the Department of Defense or funds made available in this
Act to the Department of Defense for military functions (except
military construction) between such appropriations or funds or
any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which funds are requested has been denied by
Congress: Provided further, That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to
this authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which reprogramming is requested has been denied
by the Congress.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds and the ``Foreign
Currency Fluctuations, Defense'' and ``Operation and
Maintenance'' appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of
the Office of Management and Budget, except that such transfers
may not be made unless the Secretary of Defense has notified
the Congress of the proposed transfer. Except in amounts equal
to the amounts appropriated to working capital funds in this
Act, no obligations may be made against a working capital fund
to procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8007. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That in
the City of Kaiserslautern such agreements will include the use
of United States anthracite as the base load energy for
municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source: Provided further, That none of
the funds available to the Department of Defense in this Act
shall be used by the Secretary of a military department to
purchase coal or coke from foreign nations for use at United
States defense facilities in Europe when coal from the United
States is available.
Sec. 8008. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification
30 calendar days in session in advance to the congressional
defense committees.
Sec. 8009. None of the funds contained in this Act
available for the Civilian Health and Medical Program of the
Uniformed Services shall be available for payments to
physicians and other non-institutional health care providers in
excess of the amounts allowed in fiscal year 1995 for similar
services, except that: (a) for services for which the Secretary
of Defense determines an increase is justified by economic
circumstances, the allowable amounts may be increased in
accordance with appropriate economic index data similar to that
used pursuant to title XVIII of the Social Security Act; and
(b) for services the Secretary determines are overpriced based
on allowable payments under title XVIII of the Social Security
Act, the allowable amounts shall be reduced by not more than 15
percent (except that the reduction may be waived if the
Secretary determines that it would impair adequate access to
health care services for beneficiaries). The Secretary shall
solicit public comment prior to promulgating regulations to
implement this section. Such regulations shall include a
limitation, similar to that used under title XVIII of the
Social Security Act, on the extent to which a provider may bill
a beneficiary an actual charge in excess of the allowable
amount.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000, or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the 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:
UH-60 Blackhawk helicopter;
Apache Longbow helicopter; and
M1A2 tank upgrade.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States
Code, and these obligations shall be reported to Congress on
September 30 of each year: Provided, That funds available for
operation and maintenance shall be available for providing
humanitarian and similar assistance by using Civic Action Teams
in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of
Free Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the Army
that such action is beneficial for graduate medical education
programs conducted at Army medical facilities located in
Hawaii, the Secretary of the Army may authorize the provision
of medical services at such facilities and transportation to
such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 1996, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day of
such fiscal year.
(b) The fiscal year 1997 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 1997 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 1997.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds provided in this Act shall be
available either to return any IOWA Class Battleships to the
Naval Register, or to retain the logistical support necessary
for support of any IOWA Class Battleships in active service.
Sec. 8014. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the fifty United
States, its territories, and the District of Columbia, 125,000
civilian workyears: Provided, That workyears shall be applied
as defined in the Federal Personnel Manual: Provided further,
That workyears expended in dependent student hiring programs
for disadvantaged youths shall not be included in this workyear
limitation.
Sec. 8015. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8016. None of the funds appropriated for the
Department of Defense during the current fiscal year and
hereafter shall be obligated for the pay of any individual who
is initially employed after the date of enactment of this Act
as a technician in the administration and training of the Army
Reserve and the maintenance and repair of supplies issued to
the Army Reserve unless such individual is also a military
member of the Army Reserve troop program unit that he or she is
employed to support. Those technicians employed by the Army
Reserve in areas other than Army Reserve troop program units
need only be members of the Selected Reserve.
Sec. 8017. Notwithstanding any other provision of law,
during the current fiscal year and hereafter, the Secretaries
of the Army and Air Force may authorize the retention in an
active status until age sixty of any person who would otherwise
be removed from an active status and who is employed as a
National Guard or Reserve technician in a position in which
active status in a reserve component of the Army or Air Force
is required as a condition of that employment.
Sec. 8018. (a) None of the funds appropriated by this Act
shall be used to make contributions to the Department of
Defense Education Benefits Fund pursuant to section 2006(g) of
title 10, United States Code, representing the normal cost for
future benefits under section 1415(c) of title 38, United
States Code, for any member of the armed services who, on or
after the date of enactment of this Act--
(1) enlists in the armed services for a period of
active duty of less than three years; or
(2) receives an enlistment bonus under section 308a
or 308f of title 37, United States Code,
nor shall any amounts representing the normal cost of such
future benefits be transferred from the Fund by the Secretary
of the Treasury to the Secretary of Veterans Affairs pursuant
to section 2006(d) of title 10, United States Code; nor shall
the Secretary of Veterans Affairs pay such benefits to any such
member: Provided, That, in the case of a member covered by
clause (1), these limitations shall not apply to members in
combat arms skills or to members who enlist in the armed
services on or after July 1, 1989, under a program continued or
established by the Secretary of Defense in fiscal year 1991 to
test the cost-effective use of special recruiting incentives
involving not more than nineteen noncombat arms skills approved
in advance by the Secretary of Defense: Provided further, That
this subsection applies only to active components of the Army.
(b) None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the
Army participating as a full-time student and receiving
benefits paid by the Secretary of Veterans Affairs from the
Department of Defense Education Benefits Fund when time spent
as a full-time student is credited toward completion of a
service commitment: Provided, That this subsection shall not
apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this
subsection applies only to active components of the Army.
Sec. 8019. Funds appropriated for the Department of Defense
during the current fiscal year and hereafter shall be available
for the payment of not more than 75 percent of the charges of a
postsecondary educational institution for the tuition or
expenses of an officer in the Ready Reserve of the Army
National Guard or Army Reserve for education or training during
his off-duty periods, except that no part of the charges may be
paid unless the officer agrees to remain a member of the Ready
Reserve for at least four years after completion of such
training or education.
Sec. 8020. None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the
date of enactment of this Act, is performed by more than ten
Department of Defense civilian employees until a most efficient
and cost-effective organization analysis is completed on such
activity or function and certification of the analysis is made
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That this section
shall not apply to a commercial or industrial type function of
the Department of Defense that: (1) is included on the
procurement list established pursuant to section 2 of the Act
of June 25, 1938 (41 U.S.C. 47), popularly referred to as the
Javits-Wagner-O'Day Act; (2) is planned to be converted to
performance by a qualified nonprofit agency for the blind or by
a qualified nonprofit agency for other severely handicapped
individuals in accordance with that Act; or (3) is planned to
be converted to performance by a qualified firm under 51
percent Native American ownership.
(transfer of funds)
Sec. 8021. 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. 8022. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor
and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United
States: Provided, That for the purpose of this section
manufactured will include cutting, heat treating, quality
control, testing of chain and welding (including the forging
and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of
anchor and mooring chain shall be considered to be produced or
manufactured in the United States if the aggregate cost of the
components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
(transfer of funds)
Sec. 8023. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) shall be available for the
reimbursement of any health care provider for inpatient mental
health servicefor 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. 8024. Of the funds made available by this Act in title
III, Procurement, $8,000,000, drawn pro rata from each
appropriations account in title III, shall be available for
incentive payments authorized by section 504 of the Indian
Financing Act of 1974, 25 U.S.C. 1544. These payments shall be
available only to contractors which have submitted
subcontracting plans pursuant to 15 U.S.C. 637(d), and
according to regulations which shall be promulgated by the
Secretary of Defense within 90 days of the passage of this Act.
Sec. 8025. 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. 8026. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
procure or acquire (1) defensive handguns unless such handguns
are the M9 or M11 9mm Department of Defense standard handguns,
or (2) offensive handguns except for the Special Operations
Forces: Provided, That the foregoing shall not apply to
handguns and ammunition for marksmanship competitions.
Sec. 8027. Notwithstanding any other provision of law,
during the current fiscal year, the Secretary of Defense may,
by Executive Agreement, establish with host nation governments
in NATO member states a separate account into which such
residual value amounts negotiated in the return of United
States military installations in NATO member states may be
deposited, in the currency of the host nation, in lieu of
direct monetary transfers to the United States Treasury:
Provided, That such credits may be utilized only for the
construction of facilities to support United States military
forces in that host nation, or such real property maintenance
and base operating costs that are currently executed through
monetary transfers to such host nations: Provided further, That
the Department of Defense's budget submission for fiscal year
1997 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property
maintenance or base operating costs that shall be funded by the
host nation through such credits: Provided further, That all
military construction projects to be executed from such
accounts must be previously approved in a prior Act of
Congress: Provided further, That each such Executive Agreement
with a NATO member host nation shall be reported to the
congressional defense committees, and the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate thirty days prior
to the conclusion and endorsement of any such agreement
established under this provision.
Sec. 8028. 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. 8029. None of the funds available to the Department of
the Navy may be used to enter into any contract for the
overhaul, repair, or maintenance of any naval vessel homeported
on the West Coast of the United States which includes charges
for interport differential as an evaluation factor for award.
Sec. 8030. 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. 8031. None of the funds appropriated during the
current fiscal year and hereafter, may be used by the
Department of Defense to assign a supervisor's title or grade
when the number of people he or she supervises is considered as
a basis for this determination: Provided, That savings that
result from this provision are represented as such in future
budget proposals.
Sec. 8032. 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. 8033. Notwithstanding any other provision of law,
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to American Samoa:
Provided, That notwithstanding any other provision of law,
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to the Indian Health
Service when it is in conjunction with a civil-military
project.
Sec. 8034. 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. 8035. No more than $50,000 of the funds appropriated
or made available in this Act shall be used for any single
relocation of an organization, unit, activity or function of
the Department of Defense into or within the National Capital
Region: Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and Senate that such a relocation is required
in the best interest of the Government.
Sec. 8036. 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. 8037. 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. 8038. 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. 8039. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense in fiscal year
1996 for construction or service performed in whole or in part
in a State which is not contiguous with another State and has
an unemployment rate in excess of the national average rate of
unemployment as determined by the Secretary of Labor shall
include a provision requiring the contractor to employ, for the
purpose of performing that portion of the contract in such
State that is not contiguous with another State, individuals
who are residents of such State and who, in the case of any
craft or trade, possess or would be able to acquire promptly
the necessary skills: Provided, That the Secretary of Defense
may waive the requirements of this section in the interest of
national security.
Sec. 8040. 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. 8041. 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. 8042. (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. 8043. 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. 8044. 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. 8045. Of the funds made available in this Act, not
less than $25,144,000 shall be available for the Civil Air
Patrol, of which $16,704,000 shall be available for Operation
and Maintenance.
Sec. 8046. (a) None of the funds appropriated in this Act
are available to establish a new FFRDC, either as a new entity,
or as a separate entity administered by an organization
managing another FFRDC, or as a nonprofit membership
corporation consisting of a consortium of other FFRDCs and
other nonprofit entities.
(b) Limitation on Compensation.--No member of a Board of
Directors, Trustees, Overseers, Advisory Group, Special Issues
Panel, Visiting Committee, or any similar entity of a defense
FFRDC, and no paid consultant to any defense FFRDC, may be
compensated for his or her services as a member of such entity,
or as a paid consultant, except under the same conditions, and
to the same extent, as members of the Defense Science Board:
Provided, That a member of any such entity referred to
previously in this subsection shall be allowed travel expenses
and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the Department of Defense from any source
during fiscal year 1996 may be used by a defense FFRDC, through
a fee or other payment mechanism, for charitable contributions,
for construction of new buildings, for payment of cost sharing
for projects funded by government grants, or for absorption of
contract overruns.
(d) Notwithstanding any other provision of law, of the
amounts available to the Department of Defense during fiscal
year 1996, not more than $1,162,650,000 may be obligated for
financing activities of defense FFRDCs: Provided, That the
total amounts appropriated in titles II, III, and IV of this
Act are hereby reduced by $90,000,000 to reflect the funding
ceiling contained in this subsection.
Sec. 8047. 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. 8048. None of the unobligated balances available in
the National Defense Stockpile Transaction Fund during the
current fiscal year may be obligated or expended to finance any
grant or contract to conduct research, development, test and
evaluation activities for the development or production of
advanced materials, unless amounts for such purposes are
specifically appropriated in a subsequent appropriations Act.
Sec. 8049. 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. 8050. 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. 8051. (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 1996. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(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. 8052. Notwithstanding any other provision of law, the
Secretary of Defense may, when he considers it in the best
interest of the United States, cancel any part of an
indebtedness, up to $2,500, that is or was owed to the United
States by a member or former member of a uniformed service if
such indebtedness, as determined by the Secretary, was incurred
in connection with Operation Desert Shield/Storm: Provided,
That the amount of an indebtedness previously paid by a member
or former member and cancelled under this section shall be
refunded to the member.
Sec. 8053. 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. 8054. During the current fiscal year, voluntary
separation incentives payable under 10 U.S.C. 1175 may be paid
in such amounts as are necessary from the assets of the
Voluntary Separation Incentive Fund established by section
1175(h)(1).
Sec. 8055. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation is
located in more than one State, purchases may bemade in any
State in which the installation is located: Provided further, That such
local procurement requirements for malt beverages and wine shall apply
to all alcoholic beverages only for military installations in States
which are not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in contiguous
States and the District of Columbia shall be procured from the most
competitive source, price and other factors considered.
(including transfer of funds)
Sec. 8056. 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. 8057. 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. 8058. 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. 8059. None of the funds in this or any other Act shall
be available for the preparation of studies on--
(a) the feasibility of removal and transportation
of unitary chemical weapons from the eight chemical
storage sites within the continental United States to
Johnston Atoll: Provided, That this prohibition shall
not apply to General Accounting Office studies
requested by a Member of Congress or a Congressional
Committee; and
(b) the potential future uses of the nine chemical
disposal facilities other than for the destruction of
stockpile chemical munitions and as limited by section
1412(c)(2), Public Law 99-145: Provided, That this
prohibition does not apply to future use studies for
the CAMDS facility at Tooele, Utah.
Sec. 8060. 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. 8061. During the current fiscal year, annual payments
granted under the provisions of section 4416 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
428; 106 Stat. 2714) shall be made from appropriations in this
Act which are available for the pay of reserve component
personnel.
Sec. 8062. For fiscal year 1996, the total amount
appropriated in this Act to fund the Uniformed Services
Treatment Facilities program, operated pursuant to section 911
of Public Law 97-99 (42 U.S.C. 248c), shall not exceed
$315,000,000.
Sec. 8063. 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. 8064. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to
participate in any manufacturing extension program financed by
funds appropriated in this or any other Act.
Sec. 8065. 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. 8066. During the current fiscal year, appropriations
available for the pay and allowances of active duty members of
the Armed Forces shall be available to pay the retired pay
which is payable pursuant to section 4403 of Public Law 102-484
(10 U.S.C. 1293 note) under the terms and conditions provided
in section 4403.
Sec. 8067. (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 1997 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 1997 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 1997
procurement appropriation and not in the supply management
business area or any other area or category of the Defense
Business Operations Fund.
Sec. 8068. 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. 8069. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or provide
for the transportation of chemical munitions to the Johnston
Atoll for the purpose of storing or demilitarizing such
munitions.
(b) The prohibition in subsection (a) shall not apply to
any obsolete World War II chemical munition of the United
States found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection
(a) during a period of war in which the United States is a
party.
Sec. 8070. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 1997.
Sec. 8071. 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. 8072. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $8,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8073. Notwithstanding any other provision of law,
funds appropriated in this Act for the High Performance
Computing Modernization Program shall be made available only
for the acquisition and sustainment of operations, including
maintenance of the supercomputing and related networking
capability at (1) the DOD Science and Technology sites under
the cognizance of the DDR&E, (2) the DOD Test and Evaluation
centers under the Director, Test and Evaluation, OUSD (A&T),
and (3) the Ballistic Missile Defense Organization: Provided,
That the contracts, contract modifications, or contract options
are awarded upon the requirements of the users.
Sec. 8074. 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. 8075. To the extent authorized in law, the Secretary
of Defense shall issue loan guarantees in support of U.S.
defense exports not otherwise provided for: Provided, That the
total contingent liability of the United States for guarantees
issued under the authority of this section may not exceed
$15,000,000,000: Provided further, That the exposure fees
charged and collectedby the Secretary for each guarantee, shall
be paid by the country involved and shall not be financed as part of a
loan guaranteed by the United States: Provided further, That the
Secretary shall provide quarterly reports to the Committees on
Appropriations, Armed Services and Foreign Relations of the Senate and
the Committees on Appropriations, National Security and International
Relations in the House of Representatives on the implementation of this
program.
Sec. 8076. 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. 8077. (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.
Sec. 8078. None of the funds provided in this Act may be
obligated or expended for the sale of zinc in the National
Defense Stockpile if zinc commodity prices decline more than
five percent below the London Metals Exchange market price
reported on the date of enactment of this Act.
Sec. 8079. 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. 8080. Funds appropriated by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 1996 until the
enactment of the Intelligence Authorization Act for fiscal year
1996.
Sec. 8081. (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) $115,226,000 made available in this Act for Research,
Development, Test and Evaluation, Air Force, may only be
obligated for development of a new family of medium-lift and
heavy-lift expendable launch vehicles evolved from existing
technologies.
Sec. 8082. 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 1996, 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.
(rescissions)
Sec. 8083. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded
from the following accounts in the specified amounts:
``Aircraft Procurement, Air Force, 1994/1996'',
$53,654,000;
``Missile Procurement, Air Force, 1994/1996'',
$16,783,000;
``Weapons Procurement, Navy, 1995/1997'',
$14,600,000;
``Shipbuilding and Conversion, Navy, 1995/1999'',
$87,700,000;
``Other Procurement, Navy, 1995/1997'', $8,600,000;
``Aircraft Procurement, Air Force, 1995/1997'',
$24,000,000;
``Missile Procurement, Air Force, 1995/1997'',
$140,978,000;
``Other Procurement, Air Force, 1995/1997'',
$180,000,000;
``Research, Development, Test and Evaluation, Army,
1995/1996'', $9,000,000;
``Research, Development, Test and Evaluation, Navy,
1995/1996'', $6,000,000;
``Research, Development, Test and Evaluation, Air
Force, 1995/1996'', $7,902,000;
``Research, Development, Test and Evaluation,
Defense-Wide, 1995/1996'', $12,000,000.
Sec. 8084. Notwithstanding any other provision of law, for
resident classes entering the war colleges after September 30,
1996, the Department of Defense shall require that not less
than 20 percent of the total of United States military students
at each war college shall be from military departments other
than the hosting military department: Provided, That each
military department will recognize the attendance at a sister
military department war college as the equivalent of attendance
at its own war college for promotion and advancement of
personnel.
Sec. 8085. None of the funds in this or any other Act may
be used to implement the plan to reorganize the regional
headquarters and basic camps structure of the Reserve Officer
Training Corps program of the Army until the Comptroller
General of the United States has certified to the congressional
defense committees that the methodology and evaluation of the
potential sites were consistent with the established criteria
for the consolidation, that all data used by the Army in the
evaluation was accurate and complete, and that the conclusions
reached are based upon the total costs of the Army's final plan
to establish the Eastern Reserve Officer Training Corps
Headquarters at Fort Benning, Georgia: Provided, That all cost,
including Military Construction, shall be considered as well as
an analysis of the impact of the consolidation on the
surrounding communities for all affected installations.
Sec. 8086. None of the funds provided in this Act may be
obligated for payment on new contracts on which allowable costs
charged to the government include payments for individual
compensation at a rate in excess of $200,000 per year after
July 1, 1996, unless the Office of Federal Procurement Policy
establishes in the Federal Acquisition Regulations guidance
governing the allowability of individual compensation.
Sec. 8087. 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. 8088. 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. 8089. 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. 8090. 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. 8091. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 1995
level.
(transfer of funds)
Sec. 8092. Upon enactment of this Act, the Secretary of
Defense shall make the following transfers of funds: Provided,
That the amounts transferred shall be available for the same
purposes as the appropriations to which transferred, and for
the same time period as the appropriation from which
transferred: Provided further, That the amounts shall be
transferred between the following appropriations in the amount
specified:
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1986/1996'':
SSN-688 attack submarine program,
$5,051,000;
CG-47 cruiser program, $2,500,000;
BB battleship reactivation,
$4,400,000;
T-AGOS SURTASS ship program,
$2,135,000;
LCAC landing craft air cushion
program, $700,000;
For craft, outfitting, post
delivery, and cost growth, $12,360,000;
Weapons Procurement, Navy, 1994/
1996, $30,900,000;
Other Procurement, Navy, 1994/1996,
$4,200,000;
Other Procurement, Navy, 1995/1997,
$5,000,000;
Aircraft Procurement, Navy, 1994/
1996, $2,056,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1986/1996'':
MSH coastal mine hunter program,
$69,302,000;
From:
Weapons Procurement, Navy 1994/
1996, $5,500,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1987/1996'':
AOE combat support ship program,
$5,500,000;
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1988/2001'':
SSN-688 attack submarine program,
$1,500,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1988/2001'':
T-ACS auxiliary crane ship program,
$1,500,000;
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1989/2000'':
SSN-688 attack submarine program,
$23,535,000;
DDG-51 destroyer program,
$33,700,000;
T-AO fleet oiler program,
$38,969,000;
Other Procurement, Navy, 1995/1997,
$3,500,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1989/2000'':
SSN-21 attack submarine program,
$65,886,000;
MHC coastal mine hunter program,
$30,318,000;
AOE combat support ship program,
$3,500,000;
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1990/2002'':
SSN-688 attack submarine program,
$1,907,000;
DDG-51 destroyer program,
$22,669,000;
For craft, outfitting and post
delivery, $3,900,000;
Aircraft Procurement, Navy, 1994/
1996, $17,944,000;
Procurement of Ammunition, Navy and
Marine Corps, 1995/1997, $5,116,000;
Weapons Procurement, Navy, 1995/
1997, $2,000,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1990/2002'':
MHC coastal mine hunter,
$9,536,000;
T-AGOS surveillance ship program,
$42,000,000;
AOE combat support ship program,
$2,000,000;
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1991/2001'':
SSN-21 attack submarine program,
$18,330,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1991/2001'':
LHD-1 amphibious assault ship
program, $6,178,000;
MHC coastal mine hunter program,
$12,152,000;
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1992/1996'':
DDG-51 destroyer program,
$5,315,000;
For craft, outfitting, post
delivery, and DBOF transfer,
$9,675,000;
For escalation, $3,347,000;
Weapons Procurement, Navy, 1995/
1997, $7,500,000;
Procurement, Marine Corps, 1995/
1997, $378,000;
Other Procurement, Navy, 1995/1997,
$355,000;
Aircraft Procurement, Navy 1995/
1997, $3,600,000;
Research, Development, Test and
Evaluation, Navy, 1995/1996,
$5,600,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1992/1996'':
MHC coastal mine hunter program,
$35,770,000;
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1993/1997'':
LSD-41 cargo variant ship program,
$1,600,000;
For craft, outfitting, post
delivery, and first destination
transportation, and inflation
adjustments, $5,627,000;
Procurement of Ammunition, Navy and
Marine Corps, 1995/1997, $1,784,000;
Other Procurement, Navy, 1995/1997,
$645,000;
Weapons Procurement, Navy, 1994/
1996, $1,963,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1993/1997'':
DDG-51 destroyer program,
$7,356,000;
AOE combat support ship program,
$2,300,000;
MHC coastal mine hunter program,
$1,963,000;
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1994/1998'':
MCS(C) program, $4,819,000;
Under the heading, ``Shipbuilding and
Conversion, Navy, 1995/1999'':
Nuclear submarine main steam
condensor industrial base, $900,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1994/1998'':
LHD program, $5,719,000.
Sec. 8093. The Department shall include, in the operation
of TRICARE Regions 7/8, a region-wide wraparound care package
that requires providers of residential treatment services to
share financial risk through case rate reimbursement, to
include planning and individualized wraparound services to
prevent recidivism.
Sec. 8094. 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. 8095. 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. 8096. (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. 8097. 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. 8098. Funds in the amount of $61,300,000 received
during fiscal year 1996 by the Department of the Air Force
pursuant to the ``Memorandum of Agreement between the National
Aeronautics and Space Administration and the United States Air
Force on Titan IV/Centaur Launch Support for the Cassini
Mission,'' signed September 8, 1994, and September 23, 1994,
and Attachments A, B, and C to the Memorandum, shall be merged
with appropriations available for research, development, test
and evaluation and procurement for fiscal year 1996, and shall
be available for the same time period as the appropriation with
which merged, and shall be available for obligation only for
those Titan IV vehicles and Titan IV-related activities under
contract as of the date of enactment of this Act, as well as on
the follow-on launch services and program sustaining support
contract to be awarded in fiscal year 1996.
Sec. 8099. 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. 8100. Not less than 30 percent of the total inventory,
or 60,000 pounds, of the pentaborane currently stored in non-
defective containers at Edwards Air Force Base, California,
will be retained until the Secretary of Energy certifies to the
House and Senate Committees on Appropriations that the
Secretary does not intend to use the pentaborane at the Idaho
National Engineering Laboratory for: (a) a source of raw
material for environmental remediation of high level, liquid
radioactive waste, or (b) as a source of raw material for boron
drugs for the Boron Neutron Capture Therapy or other medical or
industrial applications: Provided, That the Secretary of the
Air Force is authorized to dispose of any materials that pose a
significant health or safety hazard.
Sec. 8101. The total amount appropriated in title II, III,
and IV of this Act is hereby reduced by $30,000,000 for savings
through improved management of contractor automatic data
processing costs charged through indirect rates on Department
of Defense acquisition contracts.
Sec. 8102. (a) Not later than October 1, 1995, the
Secretary of Defense shall require that each disbursement by
the Department of Defense in an amount in excess of $5,000,000
be matched to a particular obligation before the disbursement
is made.
(b) The Secretary shall ensure that a disbursement in
excess of the threshold amount applicable under subsection (a)
is not divided into multiple disbursements of less 