[Appendix, Budget of the United States Government, Fiscal Year 1998]
[Page 380-392]
GENERAL PROVISIONS--DEPARTMENT OF DEFENSE
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] 8002. 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] 8003. No more than 20 per centum of the appropriations
in this Act which are limited for obligation during [the current] a
single fiscal year shall be obligated during the last two months of
[the] such fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve components or
summer camp training of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. [8005] 8004. 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
[[Page 381]]
to exceed [$2,000,000,000] $2,500,000,000 during the current fiscal year
and $2,500,000,000 during the following fiscal year 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] 8005. During the current fiscal year and the following
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: Provided further, That
transfers may be made between working capital funds and the ``Foreign
Currency Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of the Office
of Management and Budget, except that such transfers may not be made
unless the Secretary of Defense has notified the Congress of the
proposed transfer. Except in amounts equal to the amounts appropriated
to working capital funds in this Act, no obligations may be made against
a working capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
[Sec. 8007. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30 calendar
days in session in advance to the congressional defense committees.]
[Sec. 8008. None of the funds contained in this Act available for
the Civilian Health and Medical Program of the Uniformed Services shall
be available for payments to physicians and other non-institutional
health care providers in excess of the amounts allowed in fiscal year
1996 for similar services, except that: (a) for services for which the
Secretary of Defense determines an increase is justified by economic
circumstances, the allowable amounts may be increased in accordance with
appropriate economic index data similar to that used pursuant to title
XVIII of the Social Security Act; and (b) for services the Secretary
determines are overpriced based on allowable payments under title XVIII
of the Social Security Act, the allowable amounts shall be reduced by
not more than 15 percent (except that the reduction may be waived if the
Secretary determines that it would impair adequate access to health care
services for beneficiaries). The Secretary shall solicit public comment
prior to promulgating regulations to implement this section. Such
regulations shall include a limitation, similar to that used under title
XVIII of the Social Security Act, on the extent to which a provider may
bill a beneficiary an actual charge in excess of the allowable amount.]
[Sec. 8009. None of the funds provided in this Act shall be
available to initiate (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in excess
of $20,000,000, or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional defense
committees have been notified at least thirty days in advance of the
proposed contract award: Provided, That no part of any appropriation
contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is
not funded at least to the limits of the Government's liability:
Provided further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement contracts for
any systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 10-day prior notification to the congressional
defense committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to determine
lowest cost compared to an annual procurement: Provided further, That
notwithstanding Section 8010 of Public Law 104-61, funds appropriated
for the DDG-15 destroyer program in Public Law 104-61 may be used to
initiate a multiyear contract for the Arleigh Burke class destroyer
program.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
Javelin missiles;
Army Tactical Missile System (ATACMS);
MK19-3 grenade machine guns;
M16A2 rifles;
M249 Squad Automatic Weapons;
M4 carbine rifles;
M240B machine guns; and
Arleigh Burke (DDG-15) class destroyers.]
Sec. [8010] 8006. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated
pursuant to section 401 of title 10, United States Code, for
humanitarian and civic assistance costs under chapter 20 of title 10,
United States Code. Such funds may also be obligated for humanitarian
and civic assistance costs incidental to authorized operations and
pursuant to authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported to Congress
on September 30 of each year: Provided, That funds available for
operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination by the
Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
[Sec. 8011. (a) During fiscal year 1997, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 1998 budget request for the department of
Defense as well as all justification material and other documentation
supporting the fiscal year 1998 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
1998.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.]
[Sec. 8012. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the fifty United States, its territories, and
the District of Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Personnel Manual:
Provided further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in this workyear
limitation.]
Sec. [8013] 8007. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. [8014] 8008. (a) None of the funds appropriated by this Act
shall be used to make contributions to the Department of Defense
Education Benefits Fund pursuant to section 2006(g) of title 10, United
States Code, representing the normal cost for future benefits under
section 3015(c) of title 38, United States Code, for any member of the
armed services who, on or after the date of enactment of this Act--
(1) enlists in the armed services for a period of active duty
of less than three years; or
[[Page 382]]
(2) receives an enlistment bonus under section 308a or 308f of
title 37, United States Code,
nor shall any amounts representing the normal cost of such future
benefits be transferred from the Fund by the Secretary of the Treasury
to the Secretary of Veterans Affairs pursuant to section 2006(d) of
title 10, United States Code; nor shall the Secretary of Veterans
Affairs pay such benefits to any such member: Provided, That in the case
of a member covered by clause (1), these limitations shall not apply to
members in combat arms skills or to members who enlist in the armed
services on or after July 1, 1989, under a program continued or
established by the Secretary of Defense in fiscal year 1991 to test the
cost-effective use of special recruiting incentives involving not more
than nineteen noncombat arms skills approved in advance by the Secretary
of Defense: Provided further, That this subsection applies only to
active components of the Army.
(b) None of the funds appropriated by this Act shall be available
for the basic pay and allowances of any member of the Army participating
as a full-time student and receiving benefits paid by the Secretary of
Veterans Affairs from the Department of Defense Education Benefits Fund
when time spent as a full-time student is credited toward completion of
a service commitment: Provided, That this subsection shall not apply to
those members who have reenlisted with this option prior to October 1,
1987: Provided further, That this subsection applies only to active
components of the Army.
[Sec. 8015. None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of enactment of
this Act, is performed by more than ten Department of Defense civilian
employees until a most efficient and cost-effective organization
analysis is completed on such activity or function and certification of
the analysis is made to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That this section shall not
apply to a commercial or industrial type function of the Department of
Defense that: (1) is included on the procurement list established
pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47),
popularly referred to as the Javits-Wagner-O'Day Act; (2) is planned to
be converted to performance by a qualified nonprofit agency for the
blind or by a qualified nonprofit agency for other severely handicapped
individuals in accordance with that Act; or (3) is planned to be
converted to performance by a qualified firm under 51 percent Native
American ownership.]
(transfer of funds)
Sec. [8016] 8009. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program developmental
assistance agreement pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
2301 note), as amended, under the authority of this provision or any
other transfer authority contained in this Act.
[Sec. 8017. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies)
of welded shipboard anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the
United States: Provided, That for the purpose of this section
manufactured will include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
that such an acquisition must be made in order to acquire capability for
national security purposes.]
Sec. [8018] 8010. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) shall be available for the reimbursement of any
health care provider for inpatient mental health service for care
received when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or health care
professional having an economic interest in the facility to which the
patient is referred: Provided, That this limitation does not apply in
the case of inpatient mental health services provided under the program
for the handicapped under subsection (d) of section 1079 of title 10,
United States Code, provided as partial hospital care, or provided
pursuant to a waiver authorized by the Secretary of Defense because of
medical or psychological circumstances of the patient that are confirmed
by a health professional who is not a Federal employee after a review,
pursuant to rules prescribed by the Secretary, which takes into account
the appropriate level of care for the patient, the intensity of services
required by the patient, and the availability of that care.
Sec. [8019] 8011. Funds available in this Act may be used to provide
transportation for the next-of-kin of individuals who have been
prisoners of war or missing in action from the Vietnam era to an annual
meeting in the United States, under such regulations as the Secretary of
Defense may prescribe.
Sec. [8020] 8012. Notwithstanding any other provision of law, during
the current fiscal year and the following fiscal year, the Secretary of
Defense may, by Executive Agreement, establish with host nation
governments in NATO member states a separate account into which such
residual value amounts negotiated in the return of United States
military installations in NATO member states may be deposited, in the
currency of the host nation, in lieu of direct monetary transfers to the
United States Treasury: Provided, That such credits may be utilized only
for the construction of facilities to support United States military
forces in that host nation, or such real property maintenance and base
operating costs that are currently executed through monetary transfers
to such host nations.[: Provided further, That the Department of
Defense's budget submission for fiscal year 1998 shall identify such
sums anticipated in residual value settlements, and identify such
construction, real property maintenance or base operating costs that
shall be funded by the host nation through such credits: Provided
further, That all military construction projects to be executed from
such accounts must be previously approved in a prior Act of Congress:
Provided further, That each such Executive Agreement with a NATO member
host nation shall be reported to the congressional defense committees,
the Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate thirty days prior
to the conclusion and endorsement of any such agreement established
under this provision.]
[Sec. 8021. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.]
Sec. [8022] 8013. Notwithstanding any other provision of law, none
of the funds appropriated by this Act shall be available to pay more
than 50 percent of an amount paid to any person under section 308 of
title 37, United States Code, in a lump sum.
[Sec. 8023. None of the funds appropriated by this Act shall be
available for payments under the Department of Defense contract with the
Louisiana State University Medical Center involving the use of cats for
Brain Missile Wound Research, and the Department of Defense shall not
make payments under such contract from funds obligated prior to the date
of the enactment of this Act, except as necessary for costs incurred by
the contractor prior to the enactment of this Act: Provided, That funds
necessary for the care of animals covered by this contract are allowed.]
[Sec. 8024. 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. 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.]
[[Page 383]]
[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] 8014. No more than $500,000 of the funds appropriated or
made available in this Act shall be used during a single fiscal year 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 Congressional defense
committees that such a relocation is required in the best interest of
the Government.
Sec. [8028] 8015. During the current fiscal year, funds appropriated
or otherwise available for any Federal agency, the Congress, the
judicial branch, or the District of Columbia may be used for the pay,
allowances, and benefits of an employee as defined by section 2105 of
title 5 or an individual employed by the government of the District of
Columbia, permanent or temporary indefinite, who--
(1) is a member of a Reserve component of the Armed Forces, as
described in section 261 of title 10, or the National Guard, as
described in section 101 of title 32;
(2) performs, for the purpose of providing military aid to
enforce the law or providing assistance to civil authorities in the
protection or saving of life or property or prevention of injury--
(A) Federal service under sections 331, 332, 333, or 12406
of title 10, or other provision of law, as applicable, or
(B) full-time military service for his or her State, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory of the United States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without regard to
the provisions of sections 5519 and 6323(b) of title 5, if such
employee is otherwise entitled to such annual leave:
Provided, That any employee who requests leave under subsection (3)(A)
for service described in subsection (2) of this section is entitled to
such leave, subject to the provisions of this section and of the last
sentence of section 6323(b) of title 5, and such leave shall be
considered leave under section 6323(b) of title 5.
[Sec. 8029. 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. [8030] 8016. 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. [8031] 8017. 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. 8032. 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. [8033] 8018. (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 supplies in
the performance of contracts let by the Department of Defense.
(b) During the current fiscal year and the following 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. [8034] 8019. During the current fiscal year and the following
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. [8035] 8020. [During the current fiscal year, the] The
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 during each of the fiscal years 1998 and 1999 for
purposes [of] 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 appropriations or fund which incurred such obligations.
[Sec. 8036. Of the funds made available in this Act, not less than
$23,626,000 shall be available for the Civil Air Patrol, of which
$19,926,000 shall be available for Operation and maintenance.]
Sec. [8037] 8021. [(a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.]
[(b)] Limitation on Compensation--Federally Funded Research and
Development Center (FFRDC).--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 from any source during fiscal year 1997 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for charitable contributions, for construction of new buildings, for
payment of cost sharing for projects funded by government grants, or for
absorption of contract overruns.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 1997, not more than 5,975
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That of the specific amount referred to previously in
this subsection, not more than 1,088 staff years may be funded for the
defense studies and analysis FFRDCs.
(e) Notwithstanding any other provision of law, the Secretary of
Defense shall control the total number of staff years to be performed by
defense FFRDCs during fiscal year 1997 so as to reduce the total amounts
appropriated in titles II, III, and IV of this Act by $52,286,000:
Provided, That the total amounts appropriated in titles II, III, and IV
of this Act are hereby reduced by $52,286,000 to reflect savings from
the use of defense FFRDCs by the department.
(f) Within 60 days after enactment of this Act, the Secretary of
Defense shall submit to the Congressional defense committees a report
presenting the specific amounts of staff years of technical effort to be
allocated by the department for each defense FFRDC during fiscal year
1997: Provided, That, after the submission of the report required by
this subsection, the department may not reallocate more than five
percent of an FFRDC's staff years among other defense FFRDCs until 30
days after a detailed justification for any such reallocation is
submitted to the Congressional defense committees.
(g) The Secretary of Defense shall, with the submission of the
department's fiscal year 1998 budget request, submit a report presenting
the specific amounts of staff years of technical effort to be allocated
for each defense FFRDC during that fiscal year.
(h) The total amounts appropriated to or for the use of the
department in titles II, III, and IV of this Act are hereby further
reduced by $102,286,000 to reflect savings from the decreased use of
non-FFRDC consulting services by the department.
(i) No part of the reductions contained in subsections (e) and (h)
of this section may be applied against any budget activity, activity
group, subactivity group, line item, program element, program, project,
subproject or activity which does not fund defense FFRDC
[[Page 384]]
activities or non-FFRDC consulting services within each appropriation
account.
(j) Not later than 90 days after enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report listing the specific funding reductions allocated to
each category listed in subsection (i) above pursuant to this section.]
[Sec. 8038. None of the funds in this or any other Act shall be
available for the preparation of studies on--
(a) the feasibility of removal and transportation of unitary
chemical weapons or agents from the eight chemical storage sites
within the continental United States to Johnston Atoll: Provided,
That this prohibition shall not apply to General Accounting Office
studies requested by a Member of Congress or a Congressional
Committee; and
(b) the potential future uses of the nine chemical disposal
facilities other than for the destruction of stockpile chemical
munitions and as limited by section 1412(c)(2), Public Law 99-145:
Provided, That this prohibition does not apply to future use studies
for the CAMDS facility at Tooele, Utah.]
[Sec. 8039. 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. 8040. 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. [8041] 8022. During the current fiscal year and the following
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. 8042. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to Congress a report on
the amount of Department of Defense purchases from foreign entities in
fiscal year 1997. Such report shall separately indicate the dollar value
of items for which the Buy American Act was waived pursuant to any
agreement described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement to which
the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes'', approved March 3, 1933 (41 U.S.C.
10a et seq.).]
Sec. [8043] 8023. Appropriations contained in this Act that remain
available at the end of [the current fiscal year] each of fiscal years
1998 and 1999 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. 8044. During the current fiscal year and hereafter, voluntary
separation incentives payable under 10 U.S.C. 1175 may be paid in such
amounts as are necessary from the assets of the Voluntary Separation
Incentive Fund established by section 1175(h)(1).]
(including transfer of funds)
Sec. [8045] 8024. Amounts deposited during [the current fiscal year]
each of fiscal years 1998 and 1999 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. [8046] 8025. During the current fiscal year and the following
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. 8047. 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. [8048] 8026. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities, Defense''
may be obligated for the Young Marines program.
Sec. [8049] 8027. During the current fiscal year and the following
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. 8050. During the current fiscal year and hereafter, annual
payments granted under the provisions of section 4416 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102Z484; 106
Stat. 2714) shall be made from appropriations in this Act which are
available for the pay of reserve component personnel.]
[Sec. 8051. 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. 8052. 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. 8053. During the current fiscal year and hereafter,
appropriations available for the pay and allowances of active duty
members of the Armed Forces shall be available to pay the retired pay
which is payable pursuant to section 4403 of Public Law 102-484 (10
U.S.C. 1293 note) under the terms and conditions provided in section
4403.]
[Sec. 8054. (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
[[Page 385]]
the Defense Business Operations Fund if such an item would not have been
chargeable to the Defense Business Operations Fund during fiscal year
1994 and if the purchase of such an investment item would be chargeable
during the current fiscal year to appropriations made to the Department
of Defense for procurement.
(b) The fiscal year 1998 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 1998 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 1998 procurement appropriation and not in the supply
management business area or any other area or category of the Defense
Business Operations Fund.]
Sec. [8055] 8028. 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. [8056] 8029. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency for fiscal year 1998 shall
remain available for obligation beyond [the current] that fiscal year,
except for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, [1998] 1999.
None of the funds appropriated by this Act for programs of the
Central Intelligence Agency for fiscal year 1999 shall remain available
for obligation beyond that fiscal year, except for funds appropriated
for the Reserve for Contingencies, which shall remain available until
September 30, 2000.
Sec. [8057] 8030. 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. 8058. (a) 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,
modernization and sustainment of supercomputing capability and capacity
at Department of Defense (DoD) science and technology sites under the
cognizance of the Director of Defense Research and Engineering and DoD
test and evaluation facilities under the Director of Test and
Evaluation, OUSD (A&T): Provided, That these funds shall be awarded
based on user-defined requirements.
(b) Of the funds appropriated in this Act under the heading
``Procurement, Defense-Wide'', $124,735,000 shall be made available for
the High Performance Computing Modernization Program. Of the total funds
made available for the program pursuant to this subsection, $20,000,000
shall be for the Army High Performance Computing Research Center.]
[Sec. 8059. Of the funds appropriated by 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. [8060] 8031. Amounts collected for the use of the facilities of
the National Science Center for Communications and Electronics during
the current fiscal year and the following 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. [8061] 8032. 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. [8062] 8033. (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 Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means title III of the
Act entitled ``An Act making appropriations for the Treasury and Post
Office Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
Sec. [8063] 8034. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, 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. [8064] 8035. 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).
[Sec. 8065. Notwithstanding section 142 of H.R. 3230, the National
Defense Authorization Act for Fiscal Year 1997, as passed by the Senate
on September 10, 1996, of the funds provided in title VI of this Act,
under the heading ``Chemical Agents and Munitions Destruction,
Defense'', $40,000,000 shall only be available for the conduct of a
pilot program to identify and demonstrate not less than two alternatives
to the baseline incineration process for the demilitarization of
assembled chemical munitions: Provided, That the Under Secretary of
Defense for Acquisition and Technology shall, not later than December 1,
1996, designate a program manager who is not, nor has been, in direct or
immediate control of the baseline reverse assembly incineration
demilitarization program to carry out the pilot program: Provided
further, That the Under Secretary of Defense for Acquisition and
Technology shall evaluate the effectiveness of each alternative chemical
munitions demilitarization technology identified and demonstrated under
the pilot program to demilitarize munitions and assembled chemical
munitions while meeting all applicable Federal and State environmental
and safety requirements: Provided further, That the Under Secretary of
Defense for Acquisition and Technology shall transmit, by December 15 of
each year, a report to the congressional defense committees on the
activities carried out under the pilot program during the preceding
fiscal year in which the report is to be made: Provided further, That
section 142(f)(3) of H.R. 3230, the National Defense Authorization Act
for Fiscal Year 1997, as passed by the Senate on September 10, 1996, is
repealed: Provided further, That no funds may be obligated for the
construction of a baseline incineration facility at the Lexington Blue
Grass Army Depot or the Pueblo Depot activity until 180 days after the
Secretary of Defense has submitted to the congressional defense
committees a report detailing the effectiveness of each alternative
chemical munitions demilitarization technology identified and
demonstrated under the pilot program and its ability to meet the
applicable safety and environmental requirements: Provided further, That
none of the funds in this or any other Act may be obligated for the
preparation of studies, assessments, or planning of the removal and
transportation
[[Page 386]]
of stockpile assembled unitary chemical weapons or neutralized chemical
agent to any of the eight chemical weapons storage sites within the
continental United States.]
[Sec. 8066. (a) None of the funds made available by this Act may be
obligated for design, development, acquisition, or operation of more
than 47 Titan IV expendable launch vehicles, or for satellite mission-
model planning for a Titan IV requirement beyond 47 vehicles.
(b) $59,600,000 made available in this Act for Research,
Development, Test and Evaluation, Air Force, may only be obligated for
development of a new family of medium-lift and heavy-lift expendable
launch vehicles evolved from existing technologies.]
[Sec. 8067. None of the funds available to the Department of Defense
in this Act may be used to establish additional field operating agencies
of any element of the Department during fiscal year 1997, except for
field operating agencies funded within the National Foreign Intelligence
Program: Provided, That the Secretary of Defense may waive this section
by certifying to the House and Senate Committees on Appropriations that
the creation of such field operating agencies will reduce either the
personnel and/or financial requirements of the Department of Defense.]
Sec. [8068] 8036. Notwithstanding section 303 of Public Law 96-487
or any other provision of law, the Secretary of the Navy is authorized
to lease real and personal property at Naval Air Facility, Adak, Alaska,
pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other
purposes.
[Sec. 8069. Notwithstanding any other provision of law, for resident
classes entering the war colleges after September 30, 1997, the
Department of Defense shall require that not less than 20 percent of the
total of United States military students at each war college shall be
from military departments other than the hosting military department:
Provided, That each military department will recognize the attendance at
a sister military department war college as the equivalent of attendance
at its own war college for promotion and advancement of personnel.]
[(rescissions)]
[Sec. 8070. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts in the specified amounts:
``Procurement of Ammunition, Army, 1995/1997'', $4,500,000;
``Aircraft Procurement, Navy, 1995/1997'', $8,000,000;
``Procurement of Ammunition, Navy and Marine Corps, 1995/
1997'', $2,000,000;
``Other Procurement, Navy, 1995/1997'', $10,000,000;
``Aircraft Procurement, Air Force, 1995/1997'', $3,100,000;
``Missile Procurement, Air Force, 1995/1997'', $31,900,000;
``Aircraft Procurement, Navy, 1996/1998'', $5,400,000;
``Procurement of Ammunition, Navy and Marine Corps, 1996/
1998'', $12,708,000;
``Aircraft Procurement, Air Force, 1996/1998'', $9,000,000;
``Missile Procurement, Air Force, 1996/1998'', $20,000,000;
``Other Procurement, Air Force, 1996/1998'', $26,000,000;
``Research, Development, Test and Evaluation, Navy 1996/1997'',
$4,500,000.]
[Sec. 8071. None of the funds provided in this Act may be obligated
for payment on new contracts on which allowable costs charged to the
government include payments for individual compensation at a rate in
excess of $250,000 per year.]
[Sec. 8072. Of the funds appropriated in the Department of Defense
Appropriations Act, 1996 (Public Law 104-61), under the heading ``Other
Procurement, Army'', the Department of the Army shall grant $477,000 to
the Kansas Unified School District 207 for the purpose of integrating
schools at Fort Leavenworth into the existing fiber optic network on
post.]
[Sec. 8073. 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. 8074. 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. [8075] 8037. During the current fiscal year and the following
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. [8076] 8038. 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. 8077. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 1996 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.]
[Sec. 8078. 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. [8079] 8039. None of the funds appropriated in this Act may be
transferred to or obligated from the Pentagon Reservation Maintenance
Revolving Fund, unless the Secretary of Defense certifies that the total
cost for the planning, design, construction and installation of
equipment for the renovation of the Pentagon Reservation will not exceed
[$1,118,000,000] $1,218,000,000.
Sec. [8080] 8040. (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. [8081] 8041. 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. 8082. 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. [8083] 8042. 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.
[[Page 387]]
[Sec. 8084. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States, unless
the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.]
Sec. [8085] 8043. 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. 8086. None of the funds appropriated by this Act shall be
available to lease or charter a vessel in excess of seventeen months
(inclusive of any option periods) to transport fuel or oil for the
Department of Defense if the vessel was constructed after October 1,
1995 unless the Secretary of Defense requires that the vessel be
constructed in the United States with a double hull under the long-term
lease or charter authority provided in section 2401 note of title 10,
United States Code: Provided, That this limitation shall not apply to
contracts in force on the date of enactment of this Act: Provided
further, That by 1997 at least 20 percent of annual leases and charters
must be for ships of double hull design constructed after October 1,
1995 if available in numbers sufficient to satisfy this requirement:
Provided further, That the Military Sealift Command shall plan to
achieve the goal of eliminating single hull ship leases by the year
2015.]
[(transfer of funds)]
[Sec. 8087. In addition to amounts appropriated or otherwise made
available by this Act, $300,000,000 is hereby appropriated to the
Department of Defense and shall be available only for transfer to the
United States Coast Guard.]
[Sec. 8088. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $150,000,000
to reflect savings from reduced carryover of activities funded through
the Defense Business Operations Fund, to be distributed as follows:
``Operation and Maintenance, Army'', $60,000,000; and ``Operation and
Maintenance, Navy'', $90,000,000.]
[Sec. 8089. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State which is not contiguous with another State and has an unemployment
rate in excess of the national average rate of unemployment as
determined by the Secretary of Labor, shall include a provision
requiring the contractor to employ, for the purpose of performing that
portion of the contract in such State that is not contiguous with
another State, individuals who are residents of such State and who, in
the case of any craft or trade, possess or would be able to acquire
promptly the necessary skills: Provided, That the Secretary of Defense
may waive the requirements of this section, on a case-by-case basis, in
the interest of national security.]
[Sec. 8090. During the current fiscal year, the Army shall use the
former George Air Force Base as the airhead for the National Training
Center at Fort Irwin: Provided, That none of the funds in this Act shall
be obligated or expended to transport Army personnel into Edwards Air
Force Base for training rotations at the National Training Center.]
[Sec. 8091. (a) The Secretary of Defense shall submit, on a
quarterly basis, a report to the congressional defense committees, the
Committee on International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate setting forth all costs
(including incremental costs) incurred by the Department of Defense
during the preceding quarter in implementing or supporting resolutions
of the United Nations Security Council, including any such resolution
calling for international sanctions, international peacekeeping
operations, and humanitarian missions undertaken by the Department of
Defense. The quarterly report shall include an aggregate of all such
Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quarterly reports
all efforts made to seek credit against past United Nations expenditures
and all efforts made to seek compensation from the United Nations for
costs incurred by the Department of Defense in implementing and
supporting United Nations activities.]
[Sec. 8092 (a) Limitation on Transfer of Defense Articles and
Services.--Notwithstanding any other provision of law, none of the funds
available to the Department of Defense for the current fiscal year may
be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in subsection
(b) unless the congressional defense committees, the Committee on
International Relations of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) Covered Activities.--(1) This section applies to--
(A) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of the
United Nations Charter under the authority of a United Nations
Security Council resolution; and
(B) any other international peacekeeping, peace-enforcement, or
humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services to be
transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.]
Sec. [8093] 8044. To the extent authorized by subchapter VI of
Chapter 148 of title 10, United States Code, the Secretary of Defense
shall issue loan guarantees in support of U.S. defense exports not
otherwise provided for: Provided, That the total contingent liability of
the United States for guarantees issued under the authority of this
section may not exceed $15,000,000,000: Provided further, That the
exposure fees charged and collected by the Secretary for each guarantee,
shall be paid by the country involved and shall not be financed as part
of a loan guaranteed by the United States: Provided further, That the
Secretary shall provide quarterly reports to the Committees on
Appropriations, Armed Services and Foreign Relations of the Senate and
the Committees on Appropriations, National Security and International
Relations in the House of Representatives on the implementation of this
program: Provided further, That amounts charged for administrative fees
and deposited to the special account provided for under section 2540c(d)
of title 10, shall be available for paying the costs of administrative
expenses of the Department of Defense that are attributable to the loan
guarantee program under subchapter VI of Chapter 148 of title 10.
[Sec. 8094. None of the funds available to the Department of Defense
shall be obligated or expended to make a financial contribution to the
United Nations for the cost of an United Nations peacekeeping activity
(whether pursuant to assessment or a voluntary contribution) or for
payment of any United States arrearage to the United Nations.]
Sec. [8095] 8045. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
[Sec. 8096. The amount otherwise provided by this Act for
``Operation and Maintenance, Air Force'' is hereby reduced by
$194,500,000, to reflect a reduction in the pass-through to the Air
Force business areas of the Defense Business Operations Fund.]
[Sec. 8097. (a) None of the funds appropriated or otherwise made
available in this Act may be used to transport or provide for the
transportation of chemical munitions or agents to the Johnston Atoll for
the purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition or agent of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a)
during a period of war in which the United States is a party.]
[Sec. 8098. None of the funds provided in title II of this Act for
``Former Soviet Union Threat Reduction'' may be obligated or expended to
finance housing for any individual who was a member of the military
forces of the Soviet Union or for any individual who is or was a member
of the military forces of the Russian Federation.]
[[Page 388]]
Sec. [8099] 8046. During [the current fiscal year] each of the
fiscal years 1998 and 1999, no more than $15,000,000 of appropriations
made in this Act under the heading ``Operation and Maintenance, Defense-
Wide'' may be transferred to appropriations available for the pay of
military personnel during each such fiscal year, to be merged with, and
to be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
[Sec. 8100. Beginning in fiscal year 1997 and thereafter, and
notwithstanding any other provision of law, fixed and mobile
telecommunications support shall be provided by the White House
Communications Agency (WHCA) to the United States Secret Service (USSS),
without reimbursement, in connection with the Secret Service's duties
directly related to the protection of the President or the Vice
President or other officer immediately next in order of succession to
the office of the President at the White House Security Complex in the
Washington, D.C. Metropolitan Area and Camp David, Maryland. For these
purposes, the White House Security Complex includes the White House, the
White House grounds, the Old Executive Office Building, the New
Executive Office Building, the Blair House, the Treasury Building, and
the Vice President's Residence at the Naval Observatory.]
[Sec. 8101. 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. [8102] 8047. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in this Act
under the heading ``Shipbuilding and Conversion, Navy'' shall be
considered to be for the same purpose as any subdivision under the
heading ``Shipbuilding and Conversion, Navy'' appropriations in any
prior year, and the one percent limitation shall apply to the total
amount of the appropriation.
Sec. [8103] 8048. [During the current fiscal year, and
notwithstanding] Notwithstanding 31 U.S.C. 1552(a), not more than
[$107,000,000] $14,000,000 appropriated under the heading ``Aircraft
Procurement, Air Force'' [in Public Law 101-511 and not more than
$15,000,000 appropriated under the heading ``Aircraft Procurement, Air
Force''] in Public Law [102-172] 102-396 which [were] was available and
obligated for the B-2 Aircraft Program shall remain available for
expenditure and for adjusting obligations for such Program until
September 30, [2002] 2003.
Sec. [8104] 8049. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of the
period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against the
expired account: Provided further, That the total amount charged to
a current appropriation under this section may not exceed an amount
equal to one percent of the total appropriation for that account.
[(transfer of funds)]
[Sec. 8105. Upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purposes as the
appropriations to which transferred, and for the same time period as the
appropriation from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in the amount
specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1985/1995'':
CG-47 cruiser program, $4,300,000;
For craft, outfitting, and post delivery, $2,000,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1985/1995'':
DDG-51 destroyer program, $6,300,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1996'':
LHD-1 amphibious assault ship program, $2,154,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1986/1996'':
For craft, outfitting and post delivery, $2,154,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1996'':
T-AO fleet oiler program, $1,095,000;
Oceanographic ship program, $735,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1987/1996'':
For craft, outfitting, and post delivery, $1,830,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'':
T-AO fleet oiler program, $6,571,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1989/2000'':
SSN-21 attack submarine program, $6,571,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
DDG-51 destroyer program, $12,687,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1991/2001'':
LHD-1 amphibious assault ship program, $9,387,000;
MHC coastal mine hunter program, $3,300,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
For escalation, $1,600,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1992/1996'':
MHC coastal mine hunter program, $1,600,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
DDG-51 destroyer program, $5,000,000;
LSD-41 cargo variant ship program, $2,700,000;
For craft, outfitting, post delivery, and first
destination transportation, and inflation adjustment,
$1,577,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
AOE combat support ship program, $9,277,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
Carrier replacement program, $18,023,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/1997'':
MHC coastal mine hunter program, $6,700,000;
AOE combat support ship program, $11,323,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
LHD-1 amphibious assault ship program, $4,100,000;
Mine warfare command and control ship, $1,000,000;
[[Page 389]]
For craft, outfitting, post delivery, and first
destination transportation, $2,000,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
Carrier replacement program, $9,477,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2000'':
NSSN-1 (AP), $3,791,000;
DDG-51 destroyer program, $4,075,000;
CVN Refuelings, $5,212,000;
LHD-1 amphibious ship program, $16,800,000;
T-AGS-64 multi-purpose oceanographic survey ship,
$375,000;
For craft, outfitting, post delivery, conversions and
first destination transportation, $11,770,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/1998'':
DDG-51 destroyer program, $41,800,000; and
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/1999'':
For craft, outfitting, post delivery, conversions and
first destination transportation, $16,800,000.]
[Sec. 8106. (a) The Secretary of Defense shall require not later
than June 30, 1997, each disbursement by the Department of Defense in an
amount in excess of $3,000,000 be matched to a particular obligation
before the disbursement is made.
(b) The Secretary shall ensure that a disbursement in excess of the
threshold amount applicable under section (a) is not divided into
multiple disbursements of less than that amount for the purpose of
avoiding the applicability of such section to that disbursement.]
[Sec. 8107. Notwithstanding any other provision of law, the Air
Force shall not introduce any new supplier for the remaining production
units for the AN/ALE-47 Countermeasures Dispenser System without
conducting a full and open competition that will include, but not be
limited to, small businesses.]
[Sec. 8108. The Under Secretary of Defense (Comptroller) shall
submit to the congressional defense committees a detailed report
identifying, by amount and by separate budget activity, activity group,
subactivity group, line item, program element, program, project,
subproject, and activity, any activity for which the fiscal year 1998
budget request was reduced because Congress appropriated funds above the
President's budget request for that specific activity for fiscal year
1997.]
[Sec. 8109. In applying section 9005 of the Department of Defense
Appropriations Act, 1993, Public Law 102-396 (10 U.S.C. 2241 note),
during the current fiscal year and thereafter--
(1) the term ``synthetic fabric and coated synthetic fabric''
shall be deemed to include all textile fibers and yarns that are for
use in such fabrics; and
(2) such section shall be treated, notwithstanding section 34
of Public Law 93-400 (41 U.S.C. 430), as being applicable to
contracts and subcontracts for the procurement of commercial items
that are articles or items, specialty metals, or tools covered by
that section 9005.]
[Sec. 8110. Notwithstanding any other provision of law, including
Section 2304(j) of title 10, United States Code, of the funds
appropriated under the heading ``Aircraft Procurement, Navy'' in Public
Law 104-61, $45,000,000 shall be made available only for acquisition of
T-39N aircraft, associated ground-based training system (GBTS), service
life extension related components and parts, associated equipment, and
data that meet the Undergraduate Flight Officer (UNFO) training
requirements by procurement of the T-39N aircraft currently being used
by the Navy for UNFO training under a services contract.]
[Sec. 8111. Tradeoff Study of Current and Future Deep-Strike
Capabilities.--
(1) The Secretary of Defense shall carry out the deep-strike
tradeoff study announced by the President to study tradeoffs between
bombers, land and sea-based tactical aircraft, and missiles capable
of striking targets in an enemy's rear area.
(2) The Secretary of Defense shall establish an ad hoc review
committee under the auspices of the Defense Science Board to
establish the methodological approach to the tradeoff study, to
establish a broad range of stressing scenarios of interest, and to
review assumptions regarding the analysis to be conducted.
(3) The ad hoc review committee to be established under
paragraph (2) shall include among its members analysts who have
performed or participated in bomber tradeoff analysis, retired
military personnel with broad experience in recent conventional
warfare operations, and experts on the logistics of both initial
deployment and sustaining support. These members shall be selected
without regard for current service on the Defense Science Board.
(4) After submitting its recommendations for the conduct of the
deep-strike tradeoff study to the Secretary of Defense, the ad hoc
review committee shall continue to meet regularly to review
preliminary results of the analysis and to recommend additional
variations in assumptions that may be required to illuminate
particular force tradeoff issues.]
Sec. [8112] 8050. Notwithstanding 31 U.S.C. 1552(a), of the funds
provided in Department of Defense Appropriations Acts, not more than the
specified amounts of funds from the following accounts shall remain
available for the payment of satellite on-orbit incentive fees until the
fees are paid:
``Missile Procurement, Air Force, 1990/1992'', $17,800,000;
``Missile Procurement, Air Force, 1991/1993'', $19,330,000;
``Missile Procurement, Air Force, 1992/1994'', $23,570,000;
``Missile Procurement, Air Force, 1993/1995'', $16,780,000;
``Missile Procurement, Air Force, 1994/1996'', $16,780,000.
[Sec. 8113. Tactical Aircraft Requirement Study.--The Secretary of
Defense and the Chairman of the Joint Chiefs of Staff shall carry out a
joint study under the direct supervision of the Joint Requirements
Oversight Council (JROC) assessing future tactical aircraft requirements
across service jurisdictions. This study shall determine the best and
most affordable mix of weapon systems to carry out different mission
areas and shall include recommendations for changes to the planned
numbers and types of tactical aircraft to be developed and procured over
the next ten years if appropriate. Such report shall be submitted to the
congressional defense committees no later than March 30, 1997.]
[Sec. 8114. 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. [8115. (a)] 8051. None of the funds available to the Department
of Defense under this Act may be obligated or expended to reimburse a
defense contractor for restructuring costs associated with a business
combination of the defense contractor that occurs after the date of
enactment of this Act unless:
(1) the auditable savings for the Department of Defense
resulting from the restructuring will exceed the costs allowed by a
factor of at least two to one, or
(2) the savings for the Department of Defense resulting from
the restructuring will exceed the costs allowed and the Secretary of
Defense determines that the business combination will result in the
preservation of a critical capability that might otherwise be lost
to the Department, and
(3) the report required by Section 818(e) of Public Law 103-337
to be submitted to Congress in 1996 is submitted.
[(b) Not later than April 1, 1997, the Comptroller General shall, in
consultation with the Inspector General of the Department of Defense,
the Secretary of Defense, and the Secretary of Labor, submit to Congress
a report which shall include the following:
(1) an analysis and breakdown of the restructuring costs paid
by or submitted to the Department of Defense to companies involved
in business combinations since 1993;
(2) an analysis of the specific costs associated with workforce
reductions;
(3) an analysis of the services provided to the workers
affected by business combinations;
(4) an analysis of the effectiveness of the restructuring costs
used to assist laid off workers in gaining employment;
(5) in accordance with section 818 of Public Law 103-337, an
analysis of the savings reached from the business combination
relative to the restructuring costs paid by the Department of
Defense.
(c) The report should set forth recommendations to make this
program more effective for workers affected by business combinations and
more efficient in terms of the use of Federal dollars.]
[Sec. 8116. Notwithstanding any other provision of law, none of the
funds appropriated in this Act may be used to purchase, install,
replace, or otherwise repair any lock on a safe or security container
which protects information critical to national security or any other
classified materials and which has not been certified as passing the
[[Page 390]]
security lock specifications contained in regulation FF-L-2740 dated
October 12, 1989, and has not passed all testing criteria and procedures
established through February 28, 1992: Provided, That the Director of
Central Intelligence may waive this provision, on a case-by-case basis
only, upon certification that the above cited locks are not adequate for
the protection of sensitive intelligence information.]
[Sec. 8117. Section 8110 of Public Law 104-61 (109 Stat. 674) is
hereby repealed.]
[Sec. 8118. The Secretary of Defense, in conjunction with the
Secretary of Labor, shall take such steps as required to ensure that
those Department of Defense contractors and other entities subject to
section 4212(d) of title 38, United States Code are aware of, and in
compliance with, the requirements of that section regarding submission
of an annual report to the Secretary of Labor concerning employment of
certain veterans: Provided, That the Secretary of Defense shall ensure
that those Department of Defense contractors and other entities subject
to section 4212(d) of title 38, United States Code which have contracts
with the Department of Defense are notified of the potential penalties
associated with failure to comply with these annual reporting
requirements (including potential suspension or debarment from federal
contracting): Provided further, That within 180 days of enactment of
this Act the Secretary of Labor and the Secretary of Defense shall
submit a report to Congress which--
(1) using the most recent reporting data, details the number of
reports received from Department of Defense contractors and the
estimated number of Department of Defense contractors which are not
in compliance with these annual reporting requirements;
(2) describes the steps taken by the Departments of Labor and
Defense in order to ensure compliance with section 4212(d) of title
38, United States Code;
(3) describes any additional measures taken or planned to be
taken by the Departments of Labor and Defense to improve compliance
with section 4212(d) of title 38, United States Code pursuant to
this section; and
(4) any further recommendations regarding additional action
(including changes in existing law) which may be necessary to
improve compliance with section 4212(d) of title 38, United States
Code.]
Sec. [8119] 8052. Funds appropriated in title II of this Act for
supervision and administration costs for facilities maintenance and
repair, minor construction, or design projects may be obligated at the
time the reimbursable order is accepted by the performing activity:
Provided, That for the purpose of this section, supervision and
administration costs includes all in-house Government cost.
[Sec. 8120. (a) Limitation on Advance Billing.--During fiscal year
1997, advance billing for services provided or work performed by the
Defense Business Operations Fund activities of the Department of the
Navy in excess of $1,000,000,000 is prohibited.
(b) Revised Rates; Additional Surcharges.--In conjunction with the
Under Secretary of Defense (Comptroller), the Secretary of the Navy
shall develop a plan to revise fiscal year 1997 customer rates or
establish additional surcharges so as to increase revenues to the
Defense Business Operations Fund by at least an additional $500,000,000
in executing orders accepted during fiscal year 1997.
(c) Transfer Authority.--To the extent necessary to comply with any
rate increase or new surcharge on rates in fiscal year 1997 established
under subsection (b), the Secretary of the Navy shall transfer at least
$500,000,000, from funds made available under subsection (d), into
customer accounts of the Navy used to reimburse the Defense Business
Operations Fund so as to provide customers with sufficient resources to
pay the increased customer rates and additional surcharges. The transfer
authority provided by this subsection is in addition to other transfer
authority provided in this Act. The funds transferred shall be merged
with and available for the same purposes, and for the same time period,
as the appropriation to which transferred.
(d) Source of Funds.--To provide funds for transfer under
subsection (c), the amounts appropriated elsewhere in this Act for the
following appropriation accounts are reduced by 2.0 percent: Aircraft
Procurement, Navy; Weapons Procurement, Navy; Procurement of Ammunition,
Navy and Marine Corps; Shipbuilding and Conversion, Navy; Other
Procurement, Navy; and Research, Development, Test and Evaluation, Navy.
These reductions shall be applied on a pro-rata basis to each line item,
program element, program, project, subproject, and activity within each
appropriation account.]
[Sec. 8121. The Secretary of Defense may waive reimbursement of the
cost of conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for Security Studies
for military officers and civilian officials of foreign nations if the
Secretary determines that attendance by such personnel, without
reimbursement, is in the national security interest of the United
States: Provided, That costs for which reimbursement is waived pursuant
to this subsection shall be paid from appropriations available for the
Asia-Pacific Center.]
[Sec. 8122. (a) Of the amounts appropriated or otherwise made
available by this Act for the Department of the Air Force, $2,000,000
shall be available only for a facility at Lackland Air Force Base, Texas
to provide comprehensive care and rehabilitation services to children
with disabilities who are dependents of members of the Armed Forces.
(b) Subject to subsection (c), the Secretary of the Air Force shall
grant the funds made available under subsection (a) to the Children's
Association for Maximum Potential (CAMP) for use by the association to
defray the costs of designing and constructing the facility referred to
in subsection (a).
(c)(1) The Secretary may not make a grant of funds under subsection
(b) until the Secretary and the association enter into an agreement
under which the Secretary leases to the association the facility to be
constructed using the funds.
(2) The term of the lease under subsection (c)(1) may not be less
than 25 years.
(3) The Secretary may require such additional terms and conditions
in connection with the lease as the Secretary considers appropriate to
protect the interests of the United States.]
[Sec. 8123. None of the funds appropriated by this Act may be
obligated or expended--
(1) to reduce the number of units of special operations forces
of the Army National Guard during fiscal year 1997;
(2) to reduce the authorized strength of any such unit below
the strength authorized for the unit as of September 30, 1996; or
(3) to apply any administratively imposed limitation on the
assigned strength of any such unit at less than the strength
authorized for that unit as of September 30, 1996.]
[Sec. 8124. (a) The Secretary of the Army shall ensure that
solicitations for contracts for unrestricted procurement to be entered
into using funds appropriated for the Army by this Act include, where
appropriate, specific goals for subcontracts with small businesses,
small disadvantaged businesses, and women owned small businesses.
(b) The Secretary shall ensure that any subcontract entered into
pursuant to a solicitation referred to in subsection (a) that meets a
specific goal referred to in that subsection is credited toward the
overall goal of the Army for subcontracts with the businesses referred
to in that subsection.]
[Sec. 8125. (a) The Secretary of the Air Force and the Director of
the Office of Personnel Management shall submit a joint report
describing in detail the benefits, allowances, services, and any other
forms of assistance which may or shall be provided to any civilian
employee of the Federal Government or to any private citizen, or to the
family of such an individual, who is injured or killed while traveling
on an aircraft owned, leased, chartered, or operated by the Government
of the United States.
(b) The report required by subsection (a) above shall be submitted
to the congressional defense committees and to the Committee on
Governmental Affairs of the Senate and the Committee on Government
Reform and Oversight of the House of Representatives not later than
December 15, 1996.]
[Sec. 8126. (a) Not later than March 1, 1997, the Deputy Secretary
of Defense shall submit to the congressional defense committees a report
on Department of Defense procurements of propellant raw materials.
(b) The report shall include the following:
(1) The projected future requirements of the Department of
Defense for propellant raw materials, such as nitrocellulose.
(2) The capacity, ability, and production cost rates of the
national technology and industrial base, including Government-owned,
contractor-operated facilities, contractor-owned and operated
facilities, and Government-owned, Government-operated facilities,
for meeting such requirements.
(3) The national security benefits of preserving in the
national technology and industrial base contractor-owned and
operated facilities for producing propellant raw materials,
including nitrocellulose.
(4) The extent to which the cost rates for production of
nitrocellulose in Government-owned, contractor-operated facilities
is lower because of the relationship of those facilities with the
Department of Defense than such rates would be without that
relationship.
[[Page 391]]
(5) The advantages and disadvantages of permitting commercial
facilities to compete for award of Department of Defense contracts
for procurement of propellant raw materials, such as
nitrocellulose.]
[Sec. 8127. Not later than six months after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
Congress a cost-benefit analysis of consolidating the ground station
infrastructure of the Air Force that supports polar orbiting
satellites.]
[(including transfer of funds)]
[Sec. 8128. In addition to the amounts appropriated elsewhere in
this Act, $100,000,000 is appropriated for defense against weapons of
mass destruction: Provided, That the funds appropriated under this
section may be transferred to and merged with funds appropriated
elsewhere in this Act and that this transfer authority shall be in
addition to any other transfer authority provided under this Act:
Provided further, That of the funds made available by this section,
$10,000,000 shall be transferred to and merged with funds appropriated
in this Act for ``Procurement, Marine Corps'' and shall be available
only for the procurement of equipment that enhances the capability of
the Chemical-Biological Incident Response Force to respond to incidents
of terrorism.]
[Sec. 8129. The Secretary of Defense, in consultation with the
Secretary of Health and Human Services and the Director of the Office of
Personnel Management, shall submit a report to the congressional defense
committees by February 1, 1997 containing recommendations regarding the
establishment of a demonstration program under which covered
beneficiaries under chapter 55 of title 10, United States Code, who are
entitled to benefits under part A of the medicare program and who do not
have access to TRICARE, would be permitted to enroll in a health
benefits program offered through the Federal Employees Health Benefits
Program under chapter 89 of title 5, United States Code.]
[Sec. 8130. (a) Section 203 of H.R. 3230, the National Defense
Authorization Act for Fiscal Year 1997, as passed by the Senate on
September 10, 1996, is hereby amended by repealing section 203(a),
section 203(c), and section 203(e).
(b) The amendments made by subsection (a) shall take effect as of
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1997 as if section 203 of such Act had been enacted as so
amended.]
[Sec. 8131. (a) Section 722(c) of the National Defense Authorization
Act for Fiscal Year 1997 is amended--
(1) by striking out paragraph (2);
(2) by striking out ``(1)''; and
(3) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively.
(b) The amendments made by subsection (a) shall take effect as of
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1997 as if section 722 of such Act had been enacted as so
amended.]
[Sec. 8132. The Secretary of Defense shall complete a cost/benefit
analysis on the establishment of a National Missile Defense Joint
Program Office: Provided, That the Secretary of Defense shall submit a
report on this analysis to the congressional defense committees no later
than March 31, 1997: Provided further, That the Department of Defense
shall take no action to establish any National Missile Defense Joint
Program Office, to reassign service National Missile Defense roles and
missions under any National Missile Defense Joint Program Office
strategy or to relocate people under such a strategy prior to March 31,
1997.]
Sec. [8133] 8053. (a) [Notwithstanding any other provision of law,
the] The Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by any person
or entity on a space-available, reimbursable basis. The Chief of the
National Guard Bureau shall establish the amount of reimbursement to
fully recover the costs for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray [the] all costs associated with the use of equipment
of the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
[Sec. 8134. 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.]
[Sec. 8135. (a) Section 2867 of the National Defense Authorization
Act for Fiscal Year 1997 is amended--
(1) by striking out ``Michael O'Callaghan Military Hospital''
both places it appears in the text of such section and inserting in
lieu thereof ``Mike O'Callaghan Federal Hospital''; and
(2) in the section heading, by striking out ``MICHAEL
O'CALLAGHAN MILITARY HOSPITAL'' and inserting in lieu thereof ``MIKE
O'CALLAGHAN FEDERAL HOSPITAL''.
(b) The amendments made by subsection (a) shall take effect as of
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1997 and shall apply as if such amendments had been included
insection 2867 of such Act when enacted.]
[Sec. 8136. (a) In addition to any other reductions required by this
Act, the following funds are hereby reduced from the following accounts
in title IV of this Act in the specified amounts:
``Research, Development, Test and Evaluation, Army'',
$101,257,000;
``Research, Development, Test and Evaluation, Navy'',
$164,179,000;
``Research, Development, Test and Evaluation, Air Force'',
$289,992,000;
``Research, Development, Test and Evaluation, Defense-Wide'',
$119,483,000; and
``Developmental Test and Evaluation, Defense'', $5,641,000.
(b) The reductions taken pursuant to subsection (a) shall be
applied on a pro-rata basis by subproject within each R-1 program
element as modified by this Act, except that no reduction may be taken
against the funds made available to the Department of Defense for
Ballistic Missile Defense.
(c) Unless expressly exempted by subsection (b), each program
element, program, project, subproject, and activity funded by title IV
of this Act shall be allocated a pro-rata share of any of the reductions
made by this section.
(d) Not later than 60 days after enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report listing the specific funding reductions allocated to
each category listed in subsection (c) above pursuant to this section.]
[Sec. 8137. In addition to amounts appropriated or otherwise made
available in this Act, $230,680,000 is hereby appropriated to the
Department of Defense for anti-terrorism, counter-terrorism, and
security enhancement programs and activities, as follows:
``Operation and Maintenance, Army'', $15,249,000;
``Operation and Maintenance, Navy'', $23,956,000;
``Operation and Maintenance, Marine Corps'', $600,000;
``Operation and Maintenance, Air Force'', $10,750,000;
``Operation and Maintenance, Defense-Wide'', $29,534,000;
``Operation and Maintenance, Navy Reserve'', $517,000;
``Other Procurement, Army'', $5,252,000;
``Other Procurement, Air Force'', $101,472,000;
``Procurement, Defense-Wide'', $35,350,000;
``Research, Development, Test and Evaluation, Defense-Wide'',
$8,000,000:
Provided, That such amounts in their entirety are designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That funds appropriated in this section, or made
available by transfer of such funds, for programs and activities of the
Central Intelligence Agency shall remain available until September 30,
1997: Provided further, That funds appropriated in this section, or made
available by transfer of such funds, to any intelligence agency or
activity of the United States Government shall be 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).]
[Sec. 8138. Of the amounts provided in Titles I though VIII of this
Act, $230,680,000 are permanently canceled: Provided, That the Secretary
of Defense shall allocate the amount of budgetary resources canceled by
this section on a pro-rata basis among each budget activity, activity
group and subactivity group and each program, project or activity within
each appropriations account.]
[[Page 392]]
Sec. 8054. Of the funds provided in this Act under the heading,
``Operation and Maintenance, Defense-wide'', $10,400,000 of the funds
provided for fiscal year 1998 and $10,600,000 of the funds provided for
fiscal year 1999 shall be deposited into the Foreign Military Sales
Trust Fund to the credit of the Canadian Government pursuant to the
exchange of notes between the Governments of the United States and
Canada concerning environmental clean-up at former United States'
military installations in Canada.
Sec. 8055. During the current fiscal year and the following fiscal
year, the amounts which are necessary for the operation and maintenance
of the Fisher houses administered by the Departments of the Army, the
Navy, and the Air Force are hereby appropriated, to be derived from
amounts which are available in the applicable Fisher House trust fund
established under 10 U.S.C. 2221 for the Fisher Houses of each such
department.
Sec. 8056. During the current fiscal year and the following fiscal
year, refunds attributable to the use of the Government travel card by
military personnel and civilian employees of the Department of Defense
may be credited to operation and maintenance accounts of the Department
of Defense which are current when the refunds are received.
Sec. 8057. During the current fiscal year and the following fiscal
year, not more than a total of $60,000,000 in each fiscal year in
withdrawal credits may be made by the Marine Corps Supply Management
activity group of the Navy Working Capital Fund, Department of Defense
Working Capital Funds, to the credit of current applicable
appropriations of a Department of Defense activity in connection with
the acquisition of critical low density repairables that are capitalized
into the Navy Working Capital Fund.
Sec. 8058. The estimated proceeds of $400,000,000 from sales during
fiscal year 1998 from the National Defense Stockpile that are in excess
of routine, ongoing asset sales at levels consistent with agency
operations in fiscal year 1986, shall be included in the budget baseline
required by the Balanced Budget and Emergency Deficit Control Act of
1985 and shall be counted as an offset to discretionary spending for the
purposes of section 251 of the Act, notwithstanding section 257(e) of
the Act.
Sec. 8059. Notwithstanding 31 U.S.C. 3902, during the current fiscal
year and the following fiscal year, interest penalties may be paid by
the Department of Defense from funds financing the operation of the
military department or defense agency with which the invoice or contract
payment is associated. (Department of Defense Appropriations Act, 1997.)
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