II

Calendar No. 108

105TH CONGRESS

1ST SESSION S. 1005

[Report No. 105–45]

Making appropriations for the Department of Defense for the fiscal year

ending September 30, 1998, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 10, 1997

Mr. STEVENS from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the Department of Defense for

the fiscal year ending September 30, 1998, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 1998, for military func6 tions administered by the Department of Defense, and for

7 other purposes, namely:
2

S. 1005 PCS

1 TITLE I

2 MILITARY PERSONNEL

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence,

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel

8 between permanent duty stations, for members of the

9 Army on active duty (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets;

11 and for payments pursuant to section 156 of Public Law

12 97–377, as amended (42 U.S.C. 402 note), to section

13 229(b) of the Social Security Act (42 U.S.C. 429(b)), and

14 to the Department of Defense Military Retirement Fund;

15 $20,426,457,000.

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence,

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel

21 between permanent duty stations, for members of the

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; and

24 for payments pursuant to section 156 of Public Law 97–

25 377, as amended (42 U.S.C. 402 note), to section 229(b)
3

S. 1005 PCS

1 of the Social Security Act (42 U.S.C. 429(b)), and to the

2 Department of Defense Military Retirement Fund;

3 $16,508,218,000.

4 MILITARY PERSONNEL, MARINE CORPS

5 For pay, allowances, individual clothing, subsistence,

6 interest on deposits, gratuities, permanent change of sta7 tion travel (including all expenses thereof for organiza8 tional movements), and expenses of temporary duty travel

9 between permanent duty stations, for members of the Ma10 rine Corps on active duty (except members of the Reserve

11 provided for elsewhere); and for payments pursuant to sec12 tion 156 of Public Law 97–377, as amended (42 U.S.C.

13 402 note), to section 229(b) of the Social Security Act

14 (42 U.S.C. 429(b)), and to the Department of Defense

15 Military Retirement Fund; $6,148,899,000.

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, subsistence,

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel

21 between permanent duty stations, for members of the Air

22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets;

24 and for payments pursuant to section 156 of Public Law

25 97–377, as amended (42 U.S.C. 402 note), to section
4

S. 1005 PCS

1 229(b) of the Social Security Act (42 U.S.C. 429(b)), and

2 to the Department of Defense Military Retirement Fund;

3 $17,206,056,000.

4 RESERVE PERSONNEL, ARMY

5 For pay, allowances, clothing, subsistence, gratuities,

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and

8 3038 of title 10, United States Code, or while serving on

9 active duty under section 12301(d) of title 10, United

10 States Code, in connection with performing duty specified

11 in section 12310(a) of title 10, United States Code, or

12 while undergoing reserve training, or while performing

13 drills or equivalent duty or other duty, and for members

14 of the Reserve Officers’ Training Corps, and expenses au15 thorized by section 16131 of title 10, United States Code;

16 and for payments to the Department of Defense Military

17 Retirement Fund; $2,037,046,000.

18 RESERVE PERSONNEL, NAVY

19 For pay, allowances, clothing, subsistence, gratuities,

20 travel, and related expenses for personnel of the Navy Re21 serve on active duty under section 10211 of title 10, Unit22 ed States Code, or while serving on active duty under sec23 tion 12301(d) of title 10, United States Code, in connec24 tion with performing duty specified in section 12310(a)

25 of title 10, United States Code, or while undergoing re-
5

S. 1005 PCS

1 serve training, or while performing drills or equivalent

2 duty, and for members of the Reserve Officers’ Training

3 Corps, and expenses authorized by section 16131 of title

4 10, United States Code; and for payments to the Depart5 ment of Defense Military Retirement Fund;

6 $1,374,901,000.

7 RESERVE PERSONNEL, MARINE CORPS

8 For pay, allowances, clothing, subsistence, gratuities,

9 travel, and related expenses for personnel of the Marine

10 Corps Reserve on active duty under section 10211 of title

11 10, United States Code, or while serving on active duty

12 under section 12301(d) of title 10, United States Code,

13 in connection with performing duty specified in section

14 12310(a) of title 10, United States Code, or while under15 going reserve training, or while performing drills or equiv16 alent duty, and for members of the Marine Corps platoon

17 leaders class, and expenses authorized by section 16131

18 of title 10, United States Code; and for payments to the

19 Department of Defense Military Retirement Fund;

20 $384,770,000.

21 RESERVE PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities,

23 travel, and related expenses for personnel of the Air Force

24 Reserve on active duty under sections 10211, 10305, and

25 8038 of title 10, United States Code, or while serving on
6

S. 1005 PCS

1 active duty under section 12301(d) of title 10, United

2 States Code, in connection with performing duty specified

3 in section 12310(a) of title 10, United States Code, or

4 while undergoing reserve training, or while performing

5 drills or equivalent duty or other duty, and for members

6 of the Air Reserve Officers’ Training Corps, and expenses

7 authorized by section 16131 of title 10, United States

8 Code; and for payments to the Department of Defense

9 Military Retirement Fund; $815,745,000.

10 NATIONAL GUARD PERSONNEL, ARMY

11 For pay, allowances, clothing, subsistence, gratuities,

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 10211, 10302,

14 or 12402 of title 10 or section 708 of title 32, United

15 States Code, or while serving on duty under section

16 12301(d) of title 10 or section 502(f) of title 32, United

17 States Code, in connection with performing duty specified

18 in section 12310(a) of title 10, United States Code, or

19 while undergoing training, or while performing drills or

20 equivalent duty or other duty, and expenses authorized by

21 section 16131 of title 10, United States Code; and for pay22 ments to the Department of Defense Military Retirement

23 Fund; $3,446,867,000.
7

S. 1005 PCS

1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For pay, allowances, clothing, subsistence, gratuities,

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or

5 12402 of title 10 or section 708 of title 32, United States

6 Code, or while serving on duty under section 12301(d) of

7 title 10 or section 502(f) of title 32, United States Code,

8 in connection with performing duty specified in section

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent

11 duty or other duty, and expenses authorized by section

12 16131 of title 10, United States Code; and for payments

13 to the Department of Defense Military Retirement Fund;

14 $1,334,712,000.

15 TITLE II

16 OPERATION AND MAINTENANCE

17 OPERATION AND MAINTENANCE, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary

20 for the operation and maintenance of the Army, as author21 ized by law; and not to exceed $11,437,000 can be used

22 for emergencies and extraordinary expenses, to be ex23 pended on the approval or authority of the Secretary of

24 the Army, and payments may be made on his certificate

25 of necessity for confidential military purposes, as follows:
8

S. 1005 PCS

1 Budget Activity 1, Operating Forces,

2 $8,394,122,000;

3 Budget Activity 2, Mobilization, $566,444,000;

4 Budget Activity 3, Training and Recruiting,

5 $3,280,148,000; and

6 Budget Activity 4, Administration and

7 Servicewide Activities, $5,029,759,000:

8 Provided, That a reduction of $357,000,000 shall be made

9 to the total of these budget activities; in all;

10 $16,913,473,000 and, in addition, $50,000,000 shall be

11 derived by transfer from the National Defense Stockpile

12 Transaction Fund.

13 OPERATION AND MAINTENANCE, NAVY

14 (INCLUDING TRANSFER OF FUNDS)

15 For expenses, not otherwise provided for, necessary

16 for the operation and maintenance of the Navy and the

17 Marine Corps, as authorized by law; and not to exceed

18 $5,500,000, can be used for emergencies and extraor19 dinary expenses, to be expended on the approval or author20 ity of the Secretary of the Navy, and payments may be

21 made on his certificate of necessity for confidential mili22 tary purposes, as follows:

23 Budget Activity 1, Operating Forces,

24 $15,345,257,000, of which not less than
9

S. 1005 PCS

1 $2,040,690,000 shall be obligated for ship depot

2 maintenance;

3 Budget Activity 2, Mobilization,

4 $1,226,985,000;

5 Budget Activity 3, Training and Recruiting,

6 $1,681,931,000; and

7 Budget Activity 4, Administration and

8 Servicewide Activities, $3,568,246,000:

9 Provided, That a reduction of $246,000,000 shall be made

10 to the total of these budget activities; in all;

11 $21,576,419,000 and, in addition, $50,000,000 shall be

12 derived by transfer from the National Defense Stockpile

13 Transaction Fund.

14 OPERATION AND MAINTENANCE, MARINE CORPS

15 For expenses, not otherwise provided for, necessary

16 for the operation and maintenance of the Marine Corps,

17 as authorized by law, as follows:

18 Budget Activity 1, Operating Forces,

19 $1,670,747,000;

20 Budget Activity 3, Training and Recruiting,

21 $388,282,000; and

22 Budget Activity 4, Administration and

23 Servicewide Activities, $278,506,000:
10

S. 1005 PCS

1 Provided, That a reduction of $9,000,000 shall be made

2 to the total of these budget activities; in all;

3 $2,328,535,000.

4 OPERATION AND MAINTENANCE, AIR FORCE

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses, not otherwise provided for, necessary

7 for the operation and maintenance of the Air Force, as

8 authorized by law; and not to exceed $8,362,000 can be

9 used for emergencies and extraordinary expenses, to be ex10 pended on the approval or authority of the Secretary of

11 the Air Force, and payments may be made on her certifi12 cate of necessity for confidential military purposes, as fol13 lows:

14 Budget Activity 1, Operating Forces,

15 $9,877,438,000;

16 Budget Activity 2, Mobilization,

17 $3,122,848,000;

18 Budget Activity 3, Training and Recruiting,

19 $1,613,047,000; and

20 Budget Activity 4, Administration and

21 Servicewide Activities, $4,210,052,000:

22 Provided, That a reduction of $231,000,000 shall be made

23 to the total of these budget activities; in all;

24 $18,592,385,000 and, in addition, $50,000,000 shall be
11

S. 1005 PCS

1 derived by transfer from the National Defense Stockpile

2 Transaction Fund.

3 OPERATION AND MAINTENANCE, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses, not otherwise provided for, necessary

6 for the operation and maintenance of activities and agen7 cies of the Department of Defense (other than the military

8 departments), as authorized by law; and not to exceed

9 $28,850,000 can be used for emergencies and extraor10 dinary expenses, to be expended on the approval or author11 ity of the Secretary of Defense, and payments may be

12 made on his certificate of necessity for confidential mili13 tary purposes, as follows:

14 Budget Activity 1, Operating Forces,

15 $454,007,000, of which not to exceed $25,000,000

16 may be available for the CINC initiative fund ac17 count;

18 Budget Activity 2, Mobilization, $27,260,000;

19 Budget Activity 3, Training and Recruiting,

20 $159,155,000;

21 Budget Activity 4, Administration and

22 Servicewide Activities, $8,716,689,000; and

23 Budget Activity 5, Special Operations,

24 $1,123,527,000:
12

S. 1005 PCS

1 Provided, That a reduction of $81,000,000 shall be made

2 to the total of these budget activities; in all;

3 $10,399,638,000.

4 OPERATION AND MAINTENANCE, ARMY RESERVE

5 For expenses, not otherwise provided for, necessary

6 for the operation and maintenance, including training, or7 ganization, and administration, of the Army Reserve; re8 pair of facilities and equipment; hire of passenger motor

9 vehicles; travel and transportation; care of the dead; re10 cruiting; procurement of services, supplies, and equip11 ment; and communications; $1,212,891,000.

12 OPERATION AND MAINTENANCE, NAVY RESERVE

13 For expenses, not otherwise provided for, necessary

14 for the operation and maintenance, including training, or15 ganization, and administration, of the Navy Reserve; re16 pair of facilities and equipment; hire of passenger motor

17 vehicles; travel and transportation; care of the dead; re18 cruiting; procurement of services, supplies, and equip19 ment; and communications; $834,211,000.

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 RESERVE

22 For expenses, not otherwise provided for, necessary

23 for the operation and maintenance, including training, or24 ganization, and administration, of the Marine Corps Re25 serve; repair of facilities and equipment; hire of passenger
13

S. 1005 PCS

1 motor vehicles; travel and transportation; care of the dead;

2 recruiting; procurement of services, supplies, and equip3 ment; and communications; $110,366,000.

4 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

5 For expenses, not otherwise provided for, necessary

6 for the operation and maintenance, including training, or7 ganization, and administration, of the Air Force Reserve;

8 repair of facilities and equipment; hire of passenger motor

9 vehicles; travel and transportation; care of the dead; re10 cruiting; procurement of services, supplies, and equip11 ment; and communications; $1,631,200,000.

12 OPERATION AND MAINTENANCE, ARMY NATIONAL

13 GUARD

14 For expenses of training, organizing, and administer15 ing the Army National Guard, including medical and hos16 pital treatment and related expenses in non-Federal hos17 pitals; maintenance, operation, and repairs to structures

18 and facilities; hire of passenger motor vehicles; personnel

19 services in the National Guard Bureau; travel expenses

20 (other than mileage), as authorized by law for Army per21 sonnel on active duty, for Army National Guard division,

22 regimental, and battalion commanders while inspecting

23 units in compliance with National Guard Bureau regula24 tions when specifically authorized by the Chief, National

25 Guard Bureau; supplying and equipping the Army Na-
14

S. 1005 PCS

1 tional Guard as authorized by law; and expenses of repair,

2 modification, maintenance, and issue of supplies and

3 equipment (including aircraft); $2,449,932,000: Provided,

4 That not later than March 15, 1998, the Director of the

5 Army National Guard shall provide a report to the con6 gressional defense committees identifying the allocation,

7 by installation and activity, of all base operations funds

8 appropriated under this heading.

9 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

10 For operation and maintenance of the Air National

11 Guard, including medical and hospital treatment and re12 lated expenses in non-Federal hospitals; maintenance, op13 eration, repair, and other necessary expenses of facilities

14 for the training and administration of the Air National

15 Guard, including repair of facilities, maintenance, oper16 ation, and modification of aircraft; transportation of

17 things, hire of passenger motor vehicles; supplies, mate18 rials, and equipment, as authorized by law for the Air Na19 tional Guard; and expenses incident to the maintenance

20 and use of supplies, materials, and equipment, including

21 such as may be furnished from stocks under the control

22 of agencies of the Department of Defense; travel expenses

23 (other than mileage) on the same basis as authorized by

24 law for Air National Guard personnel on active Federal

25 duty, for Air National Guard commanders while inspecting
15

S. 1005 PCS

1 units in compliance with National Guard Bureau regula2 tions when specifically authorized by the Chief, National

3 Guard Bureau; $3,010,282,000.

4 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses directly relating to Overseas Contin7 gency Operations by United States military forces;

8 $1,889,000,000: Provided, That the Secretary of Defense

9 may transfer these funds only to operation and mainte10 nance accounts within this title: Provided further, That the

11 funds transferred shall be merged with and shall be avail12 able for the same purposes and for the same time period,

13 as the appropriation to which transferred: Provided fur14 ther, That the transfer authority provided in this para15 graph is in addition to any other transfer authority con16 tained elsewhere in this Act.

17 UNITED STATES COURT OF APPEALS FOR THE ARMED

18 FORCES

19 For salaries and expenses necessary for the United

20 States Court of Appeals for the Armed Forces;

21 $6,952,000, of which not to exceed $2,500 can be used

22 for official representation purposes.
16

S. 1005 PCS

1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $375,337,000, to

4 remain available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe

8 buildings and debris of the Department of the Army, or

9 for similar purposes, transfer the funds made available by

10 this appropriation to other appropriations made available

11 to the Department of the Army, to be merged with and

12 to be available for the same purposes and for the same

13 time period as the appropriations to which transferred:

14 Provided further, That upon a determination that all or

15 part of the funds transferred from this appropriation are

16 not necessary for the purposes provided herein, such

17 amounts may be transferred back to this appropriation:

18 Provided further, That not more than twenty-five per cen19 tum of funds provided under this heading may be obli20 gated for environmental remediation by the Corps of Engi21 neers under total environmental remediation contracts.

22 ENVIRONMENTAL RESTORATION, NAVY

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Navy, $275,500,000, to

25 remain available until transferred: Provided, That the Sec-
17

S. 1005 PCS

1 retary of the Navy shall, upon determining that such

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe

4 buildings and debris of the Department of the Navy, or

5 for similar purposes, transfer the funds made available by

6 this appropriation to other appropriations made available

7 to the Department of the Navy, to be merged with and

8 to be available for the same purposes and for the same

9 time period as the appropriations to which transferred:

10 Provided further, That upon a determination that all or

11 part of the funds transferred from this appropriation are

12 not necessary for the purposes provided herein, such

13 amounts may be transferred back to this appropriation.

14 ENVIRONMENTAL RESTORATION, AIR FORCE

15 (INCLUDING TRANSFER OF FUNDS)

16 For the Department of the Air Force, $376,900,000,

17 to remain available until transferred: Provided, That the

18 Secretary of the Air Force shall, upon determining that

19 such funds are required for environmental restoration, re20 duction and recycling of hazardous waste, removal of un21 safe buildings and debris of the Department of the Air

22 Force, or for similar purposes, transfer the funds made

23 available by this appropriation to other appropriations

24 made available to the Department of the Air Force, to be

25 merged with and to be available for the same purposes
18

S. 1005 PCS

1 and for the same time period as the appropriations to

2 which transferred: Provided further, That upon a deter3 mination that all or part of the funds transferred from

4 this appropriation are not necessary for the purposes pro5 vided herein, such amounts may be transferred back to

6 this appropriation.

7 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Defense, $26,900,000, to

10 remain available until transferred: Provided, That the Sec11 retary of Defense shall, upon determining that such funds

12 are required for environmental restoration, reduction and

13 recycling of hazardous waste, removal of unsafe buildings

14 and debris of the Department of Defense, or for similar

15 purposes, transfer the funds made available by this appro16 priation to other appropriations made available to the De17 partment of Defense, to be merged with and to be avail18 able for the same purposes and for the same time period

19 as the appropriations to which transferred: Provided fur20 ther, That upon a determination that all or part of the

21 funds transferred from this appropriation are not nec22 essary for the purposes provided herein, such amounts

23 may be transferred back to this appropriation.
19

S. 1005 PCS

1 ENVIRONMENTAL RESTORATION, FORMERLY USED

2 DEFENSE SITES

3 (INCLUDING TRANSFER OF FUNDS)

4 For the Department of the Army, $242,300,000, to

5 remain available until transferred: Provided, That the Sec6 retary of the Army shall, upon determining that such

7 funds are required for environmental restoration, reduc8 tion and recycling of hazardous waste, removal of unsafe

9 buildings and debris at sites formerly used by the Depart10 ment of Defense, transfer the funds made available by this

11 appropriation to other appropriations made available to

12 the Department of the Army, to be merged with and to

13 be available for the same purposes and for the same time

14 period as the appropriations to which transferred: Pro15 vided further, That upon a determination that all or part

16 of the funds transferred from this appropriation are not

17 necessary for the purposes provided herein, such amounts

18 may be transferred back to this appropriation.

19 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

20 For expenses relating to the Overseas Humanitarian,

21 Disaster, and Civic Aid programs of the Department of

22 Defense (consisting of the programs provided under sec23 tions 401, 402, 404, 2547, and 2551 of title 10, United

24 States Code); $40,130,000, to remain available until Sep25 tember 30, 1999.
20

S. 1005 PCS

1 FORMER SOVIET UNION THREAT REDUCTION

2 For assistance to the republics of the former Soviet

3 Union, including assistance provided by contract or by

4 grants, for facilitating the elimination and the safe and

5 secure transportation and storage of nuclear, chemical and

6 other weapons; for establishing programs to prevent the

7 proliferation of weapons, weapons components, and weap8 on-related technology and expertise; for programs relating

9 to the training and support of defense and military person10 nel for demilitarization and protection of weapons, weap11 ons components and weapons technology and expertise;

12 $322,200,000, to remain available until expended: Pro13 vided, That of the amounts provided under this heading,

14 $35,000,000 shall be available only to support the disman15 tling and disposal of nuclear submarines and submarine

16 reactor components in the Russian Far East.

17 QUALITY OF LIFE ENHANCEMENTS, DEFENSE

18 For expenses, not otherwise provided for, resulting

19 from unfunded shortfalls in the repair and maintenance

20 of real property of the Department of Defense (including

21 military housing and barracks); $100,000,000, for the

22 maintenance of real property of the Department of De23 fense (including minor construction and major mainte24 nance and repair), which shall remain available for obli25 gation until September 30, 1998, as follows:
21

S. 1005 PCS

1 Army, $100,000,000.

2 TITLE III

3 PROCUREMENT

4 AIRCRAFT PROCUREMENT, ARMY

5 For construction, procurement, production, modifica6 tion, and modernization of aircraft, equipment, including

7 ordnance, ground handling equipment, spare parts, and

8 accessories therefor; specialized equipment and training

9 devices; expansion of public and private plants, including

10 the land necessary therefor, for the foregoing purposes,

11 and such lands and interests therein, may be acquired,

12 and construction prosecuted thereon prior to approval of

13 title; and procurement and installation of equipment, ap14 pliances, and machine tools in public and private plants;

15 reserve plant and Government and contractor-owned

16 equipment layaway; and other expenses necessary for the

17 foregoing purposes; $1,356,959,000, to remain available

18 for obligation until September 30, 2000.

19 MISSILE PROCUREMENT, ARMY

20 For construction, procurement, production, modifica21 tion, and modernization of missiles, equipment, including

22 ordnance, ground handling equipment, spare parts, and

23 accessories therefor; specialized equipment and training

24 devices; expansion of public and private plants, including

25 the land necessary therefor, for the foregoing purposes,
22

S. 1005 PCS

1 and such lands and interests therein, may be acquired,

2 and construction prosecuted thereon prior to approval of

3 title; and procurement and installation of equipment, ap4 pliances, and machine tools in public and private plants;

5 reserve plant and Government and contractor-owned

6 equipment layaway; and other expenses necessary for the

7 foregoing purposes; $1,173,081,000, to remain available

8 for obligation until September 30, 2000.

9 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

10 VEHICLES, ARMY

11 For construction, procurement, production, and

12 modification of weapons and tracked combat vehicles,

13 equipment, including ordnance, spare parts, and acces14 sories therefor; specialized equipment and training devices;

15 expansion of public and private plants, including the land

16 necessary therefor, for the foregoing purposes, and such

17 lands and interests therein, may be acquired, and con18 struction prosecuted thereon prior to approval of title; and

19 procurement and installation of equipment, appliances,

20 and machine tools in public and private plants; reserve

21 plant and Government and contractor-owned equipment

22 layaway; and other expenses necessary for the foregoing

23 purposes; $1,156,506,000, to remain available for obliga24 tion until September 30, 2000.
23

S. 1005 PCS

1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities au6 thorized by section 2854, title 10, United States Code, and

7 the land necessary therefor, for the foregoing purposes,

8 and such lands and interests therein, may be acquired,

9 and construction prosecuted thereon prior to approval of

10 title; and procurement and installation of equipment, ap11 pliances, and machine tools in public and private plants;

12 reserve plant and Government and contractor-owned

13 equipment layaway; and other expenses necessary for the

14 foregoing purposes; $1,042,602,000, to remain available

15 for obligation until September 30, 2000.

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and

18 modification of vehicles, including tactical, support, and

19 non-tracked combat vehicles; communications and elec20 tronic equipment; other support equipment; spare parts,

21 ordnance, and accessories therefor; specialized equipment

22 and training devices; expansion of public and private

23 plants, including the land necessary therefor, for the fore24 going purposes, and such lands and interests therein, may

25 be acquired, and construction prosecuted thereon prior to
24

S. 1005 PCS

1 approval of title; and procurement and installation of

2 equipment, appliances, and machine tools in public and

3 private plants; reserve plant and Government and contrac4 tor-owned equipment layaway; and other expenses nec5 essary for the foregoing purposes; $2,783,735,000, to re6 main available for obligation until September 30, 2000.

7 AIRCRAFT PROCUREMENT, NAVY

8 For construction, procurement, production, modifica9 tion, and modernization of aircraft, equipment, including

10 ordnance, spare parts, and accessories therefor; specialized

11 equipment; expansion of public and private plants, includ12 ing the land necessary therefor, and such lands and inter13 ests therein, may be acquired, and construction prosecuted

14 thereon prior to approval of title; and procurement and

15 installation of equipment, appliances, and machine tools

16 in public and private plants; reserve plant and Govern17 ment and contractor-owned equipment layaway;

18 $6,312,937,000, to remain available for obligation until

19 September 30, 2000.

20 WEAPONS PROCUREMENT, NAVY

21 For construction, procurement, production, modifica22 tion, and modernization of missiles, torpedoes, other weap23 ons, and related support equipment including spare parts,

24 and accessories therefor; expansion of public and private

25 plants, including the land necessary therefor, and such
25

S. 1005 PCS

1 lands and interests therein, may be acquired, and con2 struction prosecuted thereon prior to approval of title; and

3 procurement and installation of equipment, appliances,

4 and machine tools in public and private plants; reserve

5 plant and Government and contractor-owned equipment

6 layaway; $1,138,393,000, to remain available for obliga7 tion until September 30, 2000.

8 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

9 CORPS

10 For construction, procurement, production, and

11 modification of ammunition, and accessories therefor; spe12 cialized equipment and training devices; expansion of pub13 lic and private plants, including ammunition facilities au14 thorized by section 2854, title 10, United States Code, and

15 the land necessary therefor, for the foregoing purposes,

16 and such lands and interests therein, may be acquired,

17 and construction prosecuted thereon prior to approval of

18 title; and procurement and installation of equipment, ap19 pliances, and machine tools in public and private plants;

20 reserve plant and Government and contractor-owned

21 equipment layaway; and other expenses necessary for the

22 foregoing purposes; $344,797,000, to remain available for

23 obligation until September 30, 2000.
26

S. 1005 PCS

1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical,

8 long leadtime components and designs for vessels to be

9 constructed or converted in the future; and expansion of

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired,

12 and construction prosecuted thereon prior to approval of

13 title, as follows:

14 For continuation of the SSN–21 attack sub15 marine program, $153,440,000;

16 NSSN, $2,314,903,000;

17 NSSN (AP), $284,859,000;

18 CVN–77 (AP), $345,000,000;

19 CVN Refuelings, $1,615,003,000;

20 CVN Refuelings (AP), $92,855,000;

21 DDG–51 destroyer program, $3,385,767,000;

22 DDG–51 destroyer program (AP),

23 $157,806,000;

24 Oceanographic ship program, $73,000,000;
27

S. 1005 PCS

1 LCAC landing craft air cushion program,

2 $17,300,000; and

3 For craft, outfitting, post delivery, conversions,

4 and first destination transportation, $83,177,000;

5 In all: $8,510,458,000, to remain available for obligation

6 until September 30, 2004: Provided, That additional obli7 gations may be incurred after September 30, 2004, for

8 engineering services, tests, evaluations, and other such

9 budgeted work that must be performed in the final stage

10 of ship construction.

11 None of the funds provided under this heading for

12 the construction or conversion of any naval vessel to be

13 constructed in shipyards in the United States shall be ex14 pended in foreign facilities for the construction of major

15 components of such vessel: Provided, That none of the

16 funds provided under this heading shall be used for the

17 construction of any naval vessel in foreign shipyards.

18 OTHER PROCUREMENT, NAVY

19 For procurement, production, and modernization of

20 support equipment and materials not otherwise provided

21 for, Navy ordnance (except ordnance for new aircraft, new

22 ships, and ships authorized for conversion); the purchase

23 of not to exceed 194 passenger motor vehicles for replace24 ment only; and the purchase of one vehicle required for

25 physical security of personnel, notwithstanding price limi-
28

S. 1005 PCS

1 tations applicable to passenger vehicles but not to exceed

2 $232,340 per vehicle; expansion of public and private

3 plants, including the land necessary therefor, and such

4 lands and interests therein, may be acquired, and con5 struction prosecuted thereon prior to approval of title; and

6 procurement and installation of equipment, appliances,

7 and machine tools in public and private plants; reserve

8 plant and Government and contractor-owned equipment

9 layaway; $2,865,800,000, to remain available for obliga10 tion until September 30, 2000.

11 PROCUREMENT, MARINE CORPS

12 For expenses necessary for the procurement, manu13 facture, and modification of missiles, armament, military

14 equipment, spare parts, and accessories therefor; plant

15 equipment, appliances, and machine tools, and installation

16 thereof in public and private plants; reserve plant and

17 Government and contractor-owned equipment layaway; ve18 hicles for the Marine Corps, including the purchase of not

19 to exceed 40 passenger motor vehicles for replacement

20 only; and expansion of public and private plants, including

21 land necessary therefor, and such lands and interests

22 therein, may be acquired, and construction prosecuted

23 thereon prior to approval of title; $440,106,000, to remain

24 available for obligation until September 30, 2000.
29

S. 1005 PCS

1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of

3 aircraft and equipment, including armor and armament,

4 specialized ground handling equipment, and training de5 vices, spare parts, and accessories therefor; specialized

6 equipment; expansion of public and private plants, Gov7 ernment-owned equipment and installation thereof in such

8 plants, erection of structures, and acquisition of land, for

9 the foregoing purposes, and such lands and interests

10 therein, may be acquired, and construction prosecuted

11 thereon prior to approval of title; reserve plant and Gov12 ernment and contractor-owned equipment layaway; and

13 other expenses necessary for the foregoing purposes in14 cluding rents and transportation of things;

15 $6,375,847,000 to remain available for obligation until

16 September 30, 2000.

17 MISSILE PROCUREMENT, AIR FORCE

18 For construction, procurement, and modification of

19 missiles, spacecraft, rockets, and related equipment, in20 cluding spare parts and accessories therefor, ground han21 dling equipment, and training devices; expansion of public

22 and private plants, Government-owned equipment and in23 stallation thereof in such plants, erection of structures,

24 and acquisition of land, for the foregoing purposes, and

25 such lands and interests therein, may be acquired, and
30

S. 1005 PCS

1 construction prosecuted thereon prior to approval of title;

2 reserve plant and Government and contractor-owned

3 equipment layaway; and other expenses necessary for the

4 foregoing purposes including rents and transportation of

5 things; $2,431,741,000, to remain available for obligation

6 until September 30, 2000.

7 PROCUREMENT OF AMMUNITION, AIR FORCE

8 For construction, procurement, production, and

9 modification of ammunition, and accessories therefor; spe10 cialized equipment and training devices; expansion of pub11 lic and private plants, including ammunition facilities au12 thorized by section 2854, title 10, United States Code, and

13 the land necessary therefor, for the foregoing purposes,

14 and such lands and interests therein, may be acquired,

15 and construction prosecuted thereon prior to approval of

16 title; and procurement and installation of equipment, ap17 pliances, and machine tools in public and private plants;

18 reserve plant and Government and contractor-owned

19 equipment layaway; and other expenses necessary for the

20 foregoing purposes; $400,984,000, to remain available for

21 obligation until September 30, 2000.

22 OTHER PROCUREMENT, AIR FORCE

23 For procurement and modification of equipment (in24 cluding ground guidance and electronic control equipment,

25 and ground electronic and communication equipment),
31

S. 1005 PCS

1 and supplies, materials, and spare parts therefor, not oth2 erwise provided for; the purchase of not to exceed 196 pas3 senger motor vehicles for replacement only; the purchase

4 of one vehicle required for physical security of personnel,

5 notwithstanding price limitations applicable to passenger

6 vehicles but not to exceed $232,340 per vehicle; and ex7 pansion of public and private plants, Government-owned

8 equipment and installation thereof in such plants, erection

9 of structures, and acquisition of land, for the foregoing

10 purposes, and such lands and interests therein, may be

11 acquired, and construction prosecuted thereon, prior to

12 approval of title; reserve plant and Government and con13 tractor-owned equipment layaway; $6,653,053,000, to re14 main available for obligation until September 30, 2000.

15 PROCUREMENT, DEFENSE-WIDE

16 For expenses of activities and agencies of the Depart17 ment of Defense (other than the military departments)

18 necessary for procurement, production, and modification

19 of equipment, supplies, materials, and spare parts there20 for, not otherwise provided for; the purchase of not to ex21 ceed 381 passenger motor vehicles for replacement only;

22 expansion of public and private plants, equipment, and in23 stallation thereof in such plants, erection of structures,

24 and acquisition of land for the foregoing purposes, and

25 such lands and interests therein, may be acquired, and
32

S. 1005 PCS

1 construction prosecuted thereon prior to approval of title;

2 reserve plant and Government and contractor-owned

3 equipment layaway; $1,753,285,000, to remain available

4 for obligation until September 30, 2000.

5 NATIONAL GUARD AND RESERVE EQUIPMENT

6 For procurement of aircraft, missiles, tracked combat

7 vehicles, ammunition, other weapons, and other procure8 ment for the reserve components of the Armed Forces;

9 $653,000,000, to remain available for obligation until Sep10 tember 30, 2000: Provided, That the Chiefs of the Reserve

11 and National Guard components shall, not later than 30

12 days after the enactment of this Act, individually submit

13 to the congressional defense committees the modernization

14 priority assessment for their respective Reserve or Na15 tional Guard component.

16 TITLE IV

17 RESEARCH, DEVELOPMENT, TEST, AND

18 EVALUATION

19 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

20 ARMY

21 For expenses necessary for basic and applied sci22 entific research, development, test and evaluation, includ23 ing maintenance, rehabilitation, lease, and operation of fa24 cilities and equipment; $4,984,083,000 to remain available

25 for obligation until September 30, 1999.
33

S. 1005 PCS

1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

2 NAVY

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment; $7,532,846,000, to remain avail7 able for obligation until September 30, 1999: Provided,

8 That funds appropriated in this paragraph which are

9 available for the V–22 may be used to meet unique re10 quirements of the Special Operations Forces.

11 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

12 AIR FORCE

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment; $14,142,873,000, to remain avail17 able for obligation until September 30, 1999.

18 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

19 DEFENSE-WIDE

20 For expenses of activities and agencies of the Depart21 ment of Defense (other than the military departments),

22 necessary for basic and applied scientific research, devel23 opment, test and evaluation; advanced research projects

24 as may be designated and determined by the Secretary

25 of Defense, pursuant to law; maintenance, rehabilitation,
34

S. 1005 PCS

1 lease, and operation of facilities and equipment;

2 $9,608,689,000, to remain available for obligation until

3 September 30, 1999.

4 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

5 For expenses, not otherwise provided for, of inde6 pendent activities of the Director, Test and Evaluation in

7 the direction and supervision of developmental test and

8 evaluation, including performance and joint developmental

9 testing and evaluation; and administrative expenses in

10 connection therewith; $251,183,000, to remain available

11 for obligation until September 30, 1999.

12 OPERATIONAL TEST AND EVALUATION, DEFENSE

13 For expenses, not otherwise provided for, necessary

14 for the independent activities of the Director, Operational

15 Test and Evaluation in the direction and supervision of

16 operational test and evaluation, including initial oper17 ational test and evaluation which is conducted prior to,

18 and in support of, production decisions; joint operational

19 testing and evaluation; and administrative expenses in

20 connection therewith; $31,384,000, to remain available for

21 obligation until September 30, 1999.
35

S. 1005 PCS

1 TITLE V

2 REVOLVING AND MANAGEMENT FUNDS

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds;

5 $871,952,000.

6 NATIONAL DEFENSE SEALIFT FUND

7 For National Defense Sealift Fund programs,

8 projects, and activities, and for expenses of the National

9 Defense Reserve Fleet, as established by section 11 of the

10 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744);

11 $516,126,000, to remain available until expended: Pro12 vided, That none of the funds provided in this paragraph

13 shall be used to award a new contract that provides for

14 the acquisition of any of the following major components

15 unless such components are manufactured in the United

16 States: auxiliary equipment, including pumps, for all ship17 board services; propulsion system components (that is; en18 gines, reduction gears, and propellers); shipboard cranes;

19 and spreaders for shipboard cranes: Provided further, That

20 the exercise of an option in a contract awarded through

21 the obligation of previously appropriated funds shall not

22 be considered to be the award of a new contract: Provided

23 further, That the Secretary of the military department re24 sponsible for such procurement may waive these restric25 tions on a case-by-case basis by certifying in writing to
36

S. 1005 PCS

1 the Committees on Appropriations of the House of Rep2 resentatives and the Senate, that adequate domestic sup3 plies are not available to meet Department of Defense re4 quirements on a timely basis and that such an acquisition

5 must be made in order to acquire capability for national

6 security purposes.

7 TITLE VI

8 OTHER DEPARTMENT OF DEFENSE PROGRAMS

9 DEFENSE HEALTH PROGRAM

10 For expenses, not otherwise provided for, for medical

11 and health care programs of the Department of Defense,

12 as authorized by law; $10,317,675,000, of which

13 $10,043,607,000 shall be for Operation and maintenance,

14 of which not to exceed one per centum shall remain avail15 able until September 30, 1999, and of which

16 $274,068,000, to remain available for obligation until Sep17 tember 30, 2000, shall be for Procurement.

18 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

19 DEFENSE

20 For expenses, not otherwise provided for, necessary

21 for the destruction of the United States stockpile of lethal

22 chemical agents and munitions in accordance with the pro23 visions of section 1412 of the Department of Defense Au24 thorization Act, 1986 (50 U.S.C. 1521), and for the de25 struction of other chemical warfare materials that are not
37

S. 1005 PCS

1 in the chemical weapon stockpile, $609,700,000, of which

2 $467,200,000 shall be for Operation and maintenance,

3 $73,200,000 shall be for Procurement to remain available

4 until September 30, 2000, and $69,300,000 shall be for

5 Research, development, test and evaluation to remain

6 available until September 30, 1999: Provided, That of the

7 funds available under this heading, $1,000,000 shall be

8 available until expended each year only for a Johnston

9 Atoll off-island leave program: Provided further, That the

10 Secretaries concerned shall, pursuant to uniform regula11 tions, prescribe travel and transportation allowances for

12 travel by participants in the off-island leave program.

13 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

14 DEFENSE

15 (INCLUDING TRANSFER OF FUNDS)

16 For drug interdiction and counter-drug activities of

17 the Department of Defense, for transfer to appropriations

18 available to the Department of Defense for military per19 sonnel of the reserve components serving under the provi20 sions of title 10 and title 32, United States Code; for Op21 eration and maintenance; for Procurement; and for Re22 search, development, test and evaluation; $691,482,000:

23 Provided, That the funds appropriated under this head

24 shall be available for obligation for the same time period

25 and for the same purpose as the appropriation to which
38

S. 1005 PCS

1 transferred: Provided further, That the transfer authority

2 provided in this paragraph is in addition to any transfer

3 authority contained elsewhere in this Act.

4 OFFICE OF THE INSPECTOR GENERAL

5 For expenses and activities of the Office of the In6 spector General in carrying out the provisions of the In7 spector General Act of 1978, as amended; $135,380,000,

8 of which $133,380,000 shall be for Operation and mainte9 nance, of which not to exceed $500,000, is available for

10 emergencies and extraordinary expenses to be expended on

11 the approval or authority of the Inspector General, and

12 payments may be made on his certificate of necessity for

13 confidential military purposes; and of which $2,000,000,

14 to remain available until September 30, 2000, shall be for

15 Procurement.

16 TITLE VII

17 RELATED AGENCIES

18 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

19 DISABILITY SYSTEM FUND

20 For payment to the Central Intelligence Agency Re21 tirement and Disability System Fund, to maintain proper

22 funding level for continuing the operation of the Central

23 Intelligence Agency Retirement and Disability System;

24 $196,900,000.
39

S. 1005 PCS

1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 For necessary expenses of the Intelligence Commu3 nity Management Account; $122,580,000.

4 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE5 MEDIATION, AND ENVIRONMENTAL RESTORATION

6 FUND

7 For payment to Kaho’olawe Island Conveyance, Re8 mediation, and Environmental Restoration Fund, as au9 thorized by law; $35,000,000, to remain available until ex10 pended.

11 NATIONAL SECURITY EDUCATION TRUST FUND

12 For the purposes of title VIII of Public Law 102–

13 183, $2,000,000, to be derived from the National Security

14 Education Trust Fund, to remain available until ex15 pended.

16 TITLE VIII

17 GENERAL PROVISIONS

18 SEC. 8001. No part of any appropriation contained

19 in this Act shall be used for publicity or propaganda pur20 poses not authorized by the Congress.

21 SEC. 8002. During the current fiscal year, provisions

22 of law prohibiting the payment of compensation to, or em23 ployment of, any person not a citizen of the United States

24 shall not apply to personnel of the Department of Defense:

25 Provided, That salary increases granted to direct and indi-
40

S. 1005 PCS

1 rect hire foreign national employees of the Department of

2 Defense funded by this Act shall not be at a rate in excess

3 of the percentage increase authorized by law for civilian

4 employees of the Department of Defense whose pay is

5 computed under the provisions of section 5332 of title 5,

6 United States Code, or at a rate in excess of the percent7 age increase provided by the appropriate host nation to

8 its own employees, whichever is higher: Provided further,

9 That this section shall not apply to Department of De10 fense foreign service national employees serving at United

11 States diplomatic missions whose pay is set by the Depart12 ment of State under the Foreign Service Act of 1980: Pro13 vided further, That the limitations of this provision shall

14 not apply to foreign national employees of the Department

15 of Defense in the Republic of Turkey.

16 SEC. 8003. No part of any appropriation contained

17 in this Act shall remain available for obligation beyond

18 the current fiscal year, unless expressly so provided herein.

19 SEC. 8004. No more than 20 per centum of the ap20 propriations in this Act which are limited for obligation

21 during a single fiscal year shall be obligated during the

22 last two months of such fiscal year: Provided, That this

23 section shall not apply to obligations for support of active

24 duty training of reserve components or summer camp

25 training of the Reserve Officers’ Training Corps.
41

S. 1005 PCS

1 (TRANSFER OF FUNDS)

2 SEC. 8005. Upon determination by the Secretary of

3 Defense that such action is necessary in the national inter4 est, he may, with the approval of the Office of Manage5 ment and Budget, transfer not to exceed $2,000,000,000

6 of working capital funds of the Department of Defense

7 or funds made available in this Act to the Department

8 of Defense for military functions (except military con9 struction) between such appropriations or funds or any

10 subdivision thereof, to be merged with and to be available

11 for the same purposes, and for the same time period, as

12 the appropriation or fund to which transferred: Provided,

13 That such authority to transfer may not be used unless

14 for higher priority items, based on unforeseen military re15 quirements, than those for which originally appropriated

16 and in no case where the item for which funds are re17 quested has been denied by Congress: Provided further,

18 That the Secretary of Defense shall notify the Congress

19 promptly of all transfers made pursuant to this authority

20 or any other authority in this Act: Provided further, That

21 no part of the funds in this Act shall be available to pre22 pare or present a request to the Committees on Appropria23 tions for reprogramming of funds, unless for higher prior24 ity items, based on unforeseen military requirements, than

25 those for which originally appropriated and in no case
42

S. 1005 PCS

1 where the item for which reprogramming is requested has

2 been denied by the Congress: Provided further, That of

3 the authority provided under this section, not to exceed

4 $20,000,000 shall be available to meet requirements for

5 termination of the Reserve Mobilization Insurance Pro6 gram, notwithstanding Chapter 1214 of Title 10 of the

7 United States Code.

8 (TRANSFER OF FUNDS)

9 SEC. 8006. During the current fiscal year, cash bal10 ances in working capital funds of the Department of De11 fense established pursuant to section 2208 of title 10,

12 United States Code, may be maintained in only such

13 amounts as are necessary at any time for cash disburse14 ments to be made from such funds: Provided, That trans15 fers may be made between such funds: Provided further,

16 That transfers may be made between working capital

17 funds and the ‘‘Foreign Currency Fluctuations, Defense’’

18 appropriation and the ‘‘Operation and Maintenance’’ ap19 propriation accounts in such amounts as may be deter20 mined by the Secretary of Defense, with the approval of

21 the Office of Management and Budget, except that such

22 transfers may not be made unless the Secretary of Defense

23 has notified the Congress of the proposed transfer. Except

24 in amounts equal to the amounts appropriated to working

25 capital funds in this Act, no obligations may be made

26 against a working capital fund to procure or increase the
43

S. 1005 PCS

1 value of war reserve material inventory, unless the Sec2 retary of Defense has notified the Congress prior to any

3 such obligation.

4 SEC. 8007. Funds appropriated by this Act may not

5 be used to initiate a special access program without prior

6 notification 30 calendar days in session in advance to the

7 congressional defense committees.

8 SEC. 8008. None of the funds contained in this Act

9 available for the Civilian Health and Medical Program of

10 the Uniformed Services shall be available for payments to

11 physicians and other non-institutional health care provid12 ers in excess of the amounts allowed in fiscal year 1996

13 for similar services, except that: (a) for services for which

14 the Secretary of Defense determines an increase is justi15 fied by economic circumstances, the allowable amounts

16 may be increased in accordance with appropriate economic

17 index data similar to that used pursuant to title XVIII

18 of the Social Security Act; and (b) for services the Sec19 retary determines are overpriced based on allowable pay20 ments under title XVIII of the Social Security Act, the

21 allowable amounts shall be reduced by not more than 15

22 per centum (except that the reduction may be waived if

23 the Secretary determines that it would impair adequate

24 access to health care services for beneficiaries). The Sec25 retary shall solicit public comment prior to promulgating
44

S. 1005 PCS

1 regulations to implement this section. Such regulations

2 shall include a limitation, similar to that used under title

3 XVIII of the Social Security Act, on the extent to which

4 a provider may bill a beneficiary an actual charge in excess

5 of the allowable amount.

6 SEC. 8009. None of the funds provided in this Act

7 shall be available to initiate (1) a multiyear contract that

8 employs economic order quantity procurement in excess of

9 $20,000,000 in any one year of the contract or that in10 cludes an unfunded contingent liability in excess of

11 $20,000,000, or (2) a contract for advance procurement

12 leading to a multiyear contract that employs economic

13 order quantity procurement in excess of $20,000,000 in

14 any one year, unless the congressional defense committees

15 have been notified at least thirty days in advance of the

16 proposed contract award: Provided, That no part of any

17 appropriation contained in this Act shall be available to

18 initiate a multiyear contract for which the economic order

19 quantity advance procurement is not funded at least to

20 the limits of the Government’s liability: Provided further,

21 That no part of any appropriation contained in this Act

22 shall be available to initiate multiyear procurement con23 tracts for any systems or component thereof if the value

24 of the multiyear contract would exceed $500,000,000 un25 less specifically provided in this Act: Provided further,
45

S. 1005 PCS

1 That no multiyear procurement contract can be termi2 nated without 10-day prior notification to the congres3 sional defense committees: Provided further, That the exe4 cution of multiyear authority shall require the use of a

5 present value analysis to determine lowest cost compared

6 to an annual procurement.

7 Funds appropriated in title III of this Act may be

8 used for multiyear procurement contracts as follows:

9 Apache Longbow radar;

10 T–45 aircraft; and

11 AV–8B aircraft.

12 SEC. 8010. Within the funds appropriated for the op13 eration and maintenance of the Armed Forces, funds are

14 hereby appropriated pursuant to section 401 of title 10,

15 United States Code, for humanitarian and civic assistance

16 costs under chapter 20 of title 10, United States Code.

17 Such funds may also be obligated for humanitarian and

18 civic assistance costs incidental to authorized operations

19 and pursuant to authority granted in section 401 of chap20 ter 20 of title 10, United States Code, and these obliga21 tions shall be reported to Congress on September 30 of

22 each year: Provided, That funds available for operation

23 and maintenance shall be available for providing humani24 tarian and similar assistance by using Civic Action Teams

25 in the Trust Territories of the Pacific Islands and freely
46

S. 1005 PCS

1 associated states of Micronesia, pursuant to the Compact

2 of Free Association as authorized by Public Law 99–239:

3 Provided further, That upon a determination by the Sec4 retary of the Army that such action is beneficial for grad5 uate medical education programs conducted at Army med6 ical facilities located in Hawaii, the Secretary of the Army

7 may authorize the provision of medical services at such

8 facilities and transportation to such facilities, on a non9 reimbursable basis, for civilian patients from American

10 Samoa, the Commonwealth of the Northern Mariana Is11 lands, the Marshall Islands, the Federated States of Mi12 cronesia, Palau, and Guam.

13 SEC. 8011. (a) During fiscal year 1998, the civilian

14 personnel of the Department of Defense may not be man15 aged on the basis of any end-strength, and the manage16 ment of such personnel during that fiscal year shall not

17 be subject to any constraint or limitation (known as an

18 end-strength) on the number of such personnel who may

19 be employed on the last day of such fiscal year.

20 (b) The fiscal year 1999 budget request for the De21 partment of Defense as well as all justification material

22 and other documentation supporting the fiscal year 1999

23 Department of Defense budget request shall be prepared

24 and submitted to the Congress as if subsections (a) and
47

S. 1005 PCS

1 (b) of this provision were effective with regard to fiscal

2 year 1999.

3 (c) Nothing in this section shall be construed to apply

4 to military (civilian) technicians.

5 SEC. 8012. Notwithstanding any other provision of

6 law, none of the funds made available by this Act shall

7 be used by the Department of Defense to exceed, outside

8 the fifty United States, its territories, and the District of

9 Columbia, 125,000 civilian workyears: Provided, That

10 workyears shall be applied as defined in the Federal Per11 sonnel Manual: Provided further, That workyears ex12 pended in dependent student hiring programs for dis13 advantaged youths shall not be included in this workyear

14 limitation.

15 SEC. 8013. None of the funds made available by this

16 Act shall be used in any way, directly or indirectly, to in17 fluence congressional action on any legislation or appro18 priation matters pending before the Congress.

19 SEC. 8014. (a) None of the funds appropriated by

20 this Act shall be used to make contributions to the Depart21 ment of Defense Education Benefits Fund pursuant to

22 section 2006(g) of title 10, United States Code, represent23 ing the normal cost for future benefits under section

24 3015(c) of title 38, United States Code, for any member
48

S. 1005 PCS

1 of the armed services who, on or after the date of enact2 ment of this Act—

3 (1) enlists in the armed services for a period of

4 active duty of less than three years; or

5 (2) receives an enlistment bonus under section

6 308a or 308f of title 37, United States Code,

7 nor shall any amounts representing the normal cost of

8 such future benefits be transferred from the Fund by the

9 Secretary of the Treasury to the Secretary of Veterans

10 Affairs pursuant to section 2006(d) of title 10, United

11 States Code; nor shall the Secretary of Veterans Affairs

12 pay such benefits to any such member: Provided, That in

13 the case of a member covered by clause (1), these limita14 tions shall not apply to members in combat arms skills

15 or to members who enlist in the armed services on or after

16 July 1, 1989, under a program continued or established

17 by the Secretary of Defense in fiscal year 1991 to test

18 the cost-effective use of special recruiting incentives in19 volving not more than nineteen noncombat arms skills ap20 proved in advance by the Secretary of Defense: Provided

21 further, That this subsection applies only to active compo22 nents of the Army.

23 (b) None of the funds appropriated by this Act shall

24 be available for the basic pay and allowances of any mem25 ber of the Army participating as a full-time student and
49

S. 1005 PCS

1 receiving benefits paid by the Secretary of Veterans Af2 fairs from the Department of Defense Education Benefits

3 Fund when time spent as a full-time student is credited

4 toward completion of a service commitment: Provided,

5 That this subsection shall not apply to those members who

6 have reenlisted with this option prior to October 1, 1987:

7 Provided further, That this subsection applies only to ac8 tive components of the Army.

9 SEC. 8015. None of the funds appropriated by this

10 Act shall be available to convert to contractor performance

11 an activity or function of the Department of Defense that,

12 on or after the date of enactment of this Act, is performed

13 by more than ten Department of Defense civilian employ14 ees until a most efficient and cost-effective organization

15 analysis is completed on such activity or function and cer16 tification of the analysis is made to the Committees on

17 Appropriations of the House of Representatives and the

18 Senate: Provided, That this section shall not apply to a

19 commercial or industrial type function of the Department

20 of Defense that: (1) is included on the procurement list

21 established pursuant to section 2 of the Act of June 25,

22 1938 (41 U.S.C. 47), popularly referred to as the Javits23 Wagner-O’Day Act; (2) is planned to be converted to per24 formance by a qualified nonprofit agency for the blind or

25 by a qualified nonprofit agency for other severely handi-
50

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1 capped individuals in accordance with that Act; or (3) is

2 planned to be converted to performance by a qualified firm

3 under 51 per centum Native American ownership.

4 (TRANSFER OF FUNDS)

5 SEC. 8016. Funds appropriated in title III of this Act

6 for the Department of Defense Pilot Mentor-Protege Pro7 gram may be transferred to any other appropriation con8 tained in this Act solely for the purpose of implementing

9 a Mentor-Protege Program developmental assistance

10 agreement pursuant to section 831 of the National De11 fense Authorization Act for Fiscal Year 1991 (Public Law

12 101–510; 10 U.S.C. 2301 note), as amended, under the

13 authority of this provision or any other transfer authority

14 contained in this Act.

15 SEC. 8017. None of the funds in this Act may be

16 available for the purchase by the Department of Defense

17 (and its departments and agencies) of welded shipboard

18 anchor and mooring chain 4 inches in diameter and under

19 unless the anchor and mooring chain are manufactured

20 in the United States from components which are substan21 tially manufactured in the United States: Provided, That

22 for the purpose of this section manufactured will include

23 cutting, heat treating, quality control, testing of chain and

24 welding (including the forging and shot blasting process):

25 Provided further, That for the purpose of this section sub26 stantially all of the components of anchor and mooring
51

S. 1005 PCS

1 chain shall be considered to be produced or manufactured

2 in the United States if the aggregate cost of the compo3 nents produced or manufactured in the United States ex4 ceeds the aggregate cost of the components produced or

5 manufactured outside the United States: Provided further,

6 That when adequate domestic supplies are not available

7 to meet Department of Defense requirements on a timely

8 basis, the Secretary of the service responsible for the pro9 curement may waive this restriction on a case-by-case

10 basis by certifying in writing to the Committees on Appro11 priations that such an acquisition must be made in order

12 to acquire capability for national security purposes.

13 SEC. 8018. None of the funds appropriated by this

14 Act available for the Civilian Health and Medical Program

15 of the Uniformed Services (CHAMPUS) shall be available

16 for the reimbursement of any health care provider for in17 patient mental health service for care received when a pa18 tient is referred to a provider of inpatient mental health

19 care or residential treatment care by a medical or health

20 care professional having an economic interest in the facil21 ity to which the patient is referred: Provided, That this

22 limitation does not apply in the case of inpatient mental

23 health services provided under the program for the handi24 capped under subsection (d) of section 1079 of title 10,

25 United States Code, provided as partial hospital care, or
52

S. 1005 PCS

1 provided pursuant to a waiver authorized by the Secretary

2 of Defense because of medical or psychological cir3 cumstances of the patient that are confirmed by a health

4 professional who is not a Federal employee after a review,

5 pursuant to rules prescribed by the Secretary, which takes

6 into account the appropriate level of care for the patient,

7 the intensity of services required by the patient, and the

8 availability of that care.

9 SEC. 8019. Funds available in this Act may be used

10 to provide transportation for the next-of-kin of individuals

11 who have been prisoners of war or missing in action from

12 the Vietnam era to an annual meeting in the United

13 States, under such regulations as the Secretary of Defense

14 may prescribe.

15 SEC. 8020. Notwithstanding any other provision of

16 law, during the current fiscal year, the Secretary of De17 fense may, by Executive Agreement, establish with host

18 nation governments in NATO member states a separate

19 account into which such residual value amounts negotiated

20 in the return of United States military installations in

21 NATO member states may be deposited, in the currency

22 of the host nation, in lieu of direct monetary transfers to

23 the United States Treasury: Provided, That such credits

24 may be utilized only for the construction of facilities to

25 support United States military forces in that host nation,
53

S. 1005 PCS

1 or such real property maintenance and base operating

2 costs that are currently executed through monetary trans3 fers to such host nations: Provided further, That the De4 partment of Defense’s budget submission for fiscal year

5 1999 shall identify such sums anticipated in residual value

6 settlements, and identify such construction, real property

7 maintenance or base operating costs that shall be funded

8 by the host nation through such credits: Provided further,

9 That all military construction projects to be executed from

10 such accounts must be previously approved in a prior Act

11 of Congress: Provided further, That each such Executive

12 Agreement with a NATO member host nation shall be re13 ported to the congressional defense committees, the Com14 mittee on International Relations of the House of Rep15 resentatives and the Committee on Foreign Relations of

16 the Senate thirty days prior to the conclusion and endorse17 ment of any such agreement established under this provi18 sion.

19 SEC. 8021. None of the funds available to the De20 partment of Defense may be used to demilitarize or dis21 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,

22 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols.

23 SEC. 8022. Notwithstanding any other provision of

24 law, none of the funds appropriated by this Act shall be

25 available to pay more than 50 per centum of an amount
54

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1 paid to any person under section 308 of title 37, United

2 States Code, in a lump sum.

3 SEC. 8023. A member of a reserve component whose

4 unit or whose residence is located in a state which is not

5 contiguous with another state is authorized to travel in

6 a space required status on aircraft of the Armed Forces

7 between home and place of inactive duty training, or place

8 of duty in lieu of unit training assembly, when there is

9 no road or railroad transportation (or combination of road

10 and railroad transportation between those locations: Pro11 vided, That a member traveling in that status on a mili12 tary aircraft pursuant to the authority provided in this

13 section is not authorized to receive travel, transportation,

14 or per diem allowances in connection with that travel.

15 SEC. 8024. In addition to funds provided elsewhere

16 in this Act, $8,000,000 is appropriated only for incentive

17 payments authorized by section 504 of the Indian Financ18 ing Act of 1974, 25 U.S.C. 1544: Provided, That these

19 payments shall be available only to contractors which have

20 submitted subcontracting plans pursuant to 15 U.S.C.

21 637(d), and according to regulations which shall be pro22 mulgated by the Secretary of Defense within 90 days of

23 the passage of this Act.

24 SEC. 8025. Notwithstanding any other provision of

25 law, of the revenue collected by the Department of Defense
55

S. 1005 PCS

1 Working Capital Funds, such amounts as may be required

2 shall be made available for obligation and expenditure for

3 indemnification of the leasing entity or entities to accom4 plish the lease of aircraft for the VC–137 mission: Pro5 vided, That the funds made available pursuant to this sec6 tion shall remain available until expended.

7 SEC. 8026. During the current fiscal year, none of

8 the funds available to the Department of Defense may be

9 used to procure or acquire (1) defensive handguns unless

10 such handguns are the M–9 or M–11 9 mm Department

11 of Defense standard handguns, or (2) offensive handguns

12 except for the Special Operations Forces: Provided, That

13 the foregoing shall not apply to handguns and ammunition

14 for marksmanship competitions.

15 SEC. 8027. No more than $500,000 of the funds ap16 propriated or made available in this Act shall be used dur17 ing a single fiscal year for any single relocation of an orga18 nization, unit, activity or function of the Department of

19 Defense into or within the National Capital Region: Pro20 vided, That the Secretary of Defense may waive this re21 striction on a case-by-case basis by certifying in writing

22 to the congressional defense committees that such a relo23 cation is required in the best interest of the Government.

24 SEC. 8028. During the current fiscal year, funds ap25 propriated or otherwise available for any Federal agency,
56

S. 1005 PCS

1 the Congress, the judicial branch, or the District of Co2 lumbia may be used for the pay, allowances, and benefits

3 of an employee as defined by section 2105 of title 5 or

4 an individual employed by the government of the District

5 of Columbia, permanent or temporary indefinite, who—

6 (1) is a member of a Reserve component of the

7 Armed Forces, as described in section 261 of title

8 10, or the National Guard, as described in section

9 101 of title 32;

10 (2) performs, for the purpose of providing mili11 tary aid to enforce the law or providing assistance

12 to civil authorities in the protection or saving of life

13 or property or prevention of injury—

14 (A) Federal service under sections 331,

15 332, 333, or 12406 of title 10, or other provi16 sion of law, as applicable, or

17 (B) full-time military service for his or her

18 State, the District of Columbia, the Common19 wealth of Puerto Rico, or a territory of the

20 United States; and

21 (3) requests and is granted—

22 (A) leave under the authority of this sec23 tion; or

24 (B) annual leave, which may be granted

25 without regard to the provisions of sections
57

S. 1005 PCS

1 5519 and 6323(b) of title 5, if such employee

2 is otherwise entitled to such annual leave:

3 Provided, That any employee who requests leave under

4 subsection (3)(A) for service described in subsection (2)

5 of this section is entitled to such leave, subject to the pro6 visions of this section and of the last sentence of section

7 6323(b) of title 5, and such leave shall be considered leave

8 under section 6323(b) of title 5.

9 SEC. 8029. None of the funds appropriated by this

10 Act shall be available to perform any cost study pursuant

11 to the provisions of OMB Circular A–76 if the study being

12 performed exceeds a period of twenty-four months after

13 initiation of such study with respect to a single function

14 activity or forty-eight months after initiation of such study

15 for a multi-function activity.

16 SEC. 8030. Funds appropriated by this Act for the

17 American Forces Information Service shall not be used for

18 any national or international political or psychological ac19 tivities.

20 SEC. 8031. Notwithstanding any other provision of

21 law or regulation, the Secretary of Defense may adjust

22 wage rates for civilian employees hired for certain health

23 care occupations as authorized for the Secretary of Veter24 ans Affairs by section 7455 of title 38, United States

25 Code.
58

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1 SEC. 8032. None of the funds appropriated or made

2 available in this Act shall be used to reduce or disestablish

3 the operation of the 53rd Weather Reconnaissance Squad4 ron of the Air Force Reserve, if such action would reduce

5 the WC–130 Weather Reconnaissance mission below the

6 levels funded in this Act.

7 SEC. 8033. (a) Of the funds for the procurement of

8 supplies or services appropriated by this Act, qualified

9 nonprofit agencies for the blind or other severely handi10 capped shall be afforded the maximum practicable oppor11 tunity to participate as subcontractors and supplies in the

12 performance of contracts let by the Department of De13 fense.

14 (b) During the current fiscal year, a business concern

15 which has negotiated with a military service or defense

16 agency a subcontracting plan for the participation by

17 small business concerns pursuant to section 8(d) of the

18 Small Business Act (15 U.S.C. 637(d)) shall be given

19 credit toward meeting that subcontracting goal for any

20 purchases made from qualified nonprofit agencies for the

21 blind or other severely handicapped.

22 (c) For the purpose of this section, the phrase ‘‘quali23 fied nonprofit agency for the blind or other severely handi24 capped’’ means a nonprofit agency for the blind or other

25 severely handicapped that has been approved by the Com-
59

S. 1005 PCS

1 mittee for the Purchase from the Blind and Other Severely

2 Handicapped under the Javits-Wagner-O’Day Act (41

3 U.S.C. 46–48).

4 SEC. 8034. During the current fiscal year, net re5 ceipts pursuant to collections from third party payers pur6 suant to section 1095 of title 10, United States Code, shall

7 be made available to the local facility of the uniformed

8 services responsible for the collections and shall be over

9 and above the facility’s direct budget amount.

10 SEC. 8035. During the current fiscal year, the De11 partment of Defense is authorized to incur obligations of

12 not to exceed $350,000,000 for purposes specified in sec13 tion 2350j(c) of title 10, United States Code, in anticipa14 tion of receipt of contributions, only from the Government

15 of Kuwait, under that section: Provided, That, upon re16 ceipt, such contributions from the Government of Kuwait

17 shall be credited to the appropriations or fund which in18 curred such obligations.

19 SEC. 8036. Of the funds made available in this Act,

20 not less than $27,200,000 shall be available for the Civil

21 Air Patrol, of which $22,600,000 shall be available for Op22 eration and maintenance.

23 SEC. 8037. (a) None of the funds appropriated in this

24 Act are available to establish a new Department of De25 fense (department) federally funded research and develop-
60

S. 1005 PCS

1 ment center (FFRDC), either as a new entity, or as a

2 separate entity administrated by an organization manag3 ing another FFRDC, or as a nonprofit membership cor4 poration consisting of a consortium of other FFRDCs and

5 other non-profit entities.

6 (b) LIMITATION ON COMPENSATION—FEDERALLY

7 FUNDED RESEARCH AND DEVELOPMENT CENTER

8 (FFRDC).—No member of a Board of Directors, Trust9 ees, Overseers, Advisory Group, Special Issues Panel, Vis10 iting Committee, or any similar entity of a defense

11 FFRDC, and no paid consultant to any defense FFRDC,

12 may be compensated for his or her services as a member

13 of such entity, or as a paid consultant, except under the

14 same conditions, and to the same extent, as members of

15 the Defense Science Board: Provided, That a member of

16 any such entity referred to previously in this subsection

17 shall be allowed travel expenses and per diem as author18 ized under the Federal Joint Travel Regulations, when en19 gaged in the performance of membership duties.

20 (c) Notwithstanding any other provision of law, none

21 of the funds available to the department from any source

22 during fiscal year 1998 may be used by a defense FFRDC,

23 through a fee or other payment mechanism, for charitable

24 contributions, for construction of new buildings, for pay-
61

S. 1005 PCS

1 ment of cost sharing for projects funded by government

2 grants, or for absorption of contract overruns.

3 (d) Notwithstanding any other provision of law, of

4 the funds available to the department during fiscal year

5 1998, not more than 6,206 staff years of technical effort

6 (staff years) may be funded for defense FFRDCs: Pro7 vided, That of the specific amount referred to previously

8 in this subsection, not more than 1,105 staff years may

9 be funded for the defense studies and analysis FFRDCs.

10 (e) Notwithstanding any other provision of law, the

11 Secretary of Defense shall control the total number of

12 staff years to be performed by defense FFRDCs during

13 fiscal year 1998 so as to reduce the total amounts appro14 priated in titles II, III, and IV of this Act by $71,800,000:

15 Provided, That the total amounts appropriated in titles II,

16 III, and IV of this Act are hereby reduced by $71,800,000

17 to reflect savings from the use of defense FFRDCs by the

18 department.

19 (f) Within 60 days after enactment of this Act, the

20 Secretary of Defense shall submit to the congressional de21 fense committees a report presenting the specific amounts

22 of staff years of technical effort to be allocated by the de23 partment for each defense FFRDC during fiscal year

24 1998: Provided, That, after the submission of the report

25 required by this subsection, the department may not re-
62

S. 1005 PCS

1 allocate more than five per centum of an FFRDC’s staff

2 years among other defense FFRDCs until 30 days after

3 a detailed justification for any such reallocation is submit4 ted to the congressional defense committees.

5 (g) The Secretary of Defense shall, with the submis6 sion of the department’s fiscal year 1999 budget request,

7 submit a report presenting the specific amounts of staff

8 years of technical effort to be allocated for each defense

9 FFRDC during that fiscal year.

10 (h) The reductions specified in subsection (e) of this

11 section shall be applied only to funds budgeted to purchase

12 defense FFRDC activities and shall be applied on a pro13 rata basis to each program, project and activity which in14 cluded budget funds for defense FFRDC activities.

15 (i) Not later than 90 days after enactment of this

16 Act, the Secretary of Defense shall submit to the congres17 sional defense committees a report listing the specific

18 funding reductions allocated to each category listed in sub19 section (h) above pursuant to this section.

20 SEC. 8038. None of the funds in this or any other

21 Act shall be available for the preparation of studies on—

22 (a) the cost effectiveness or feasibility of re23 moval and transportation of unitary chemical weap24 ons or agents from the eight chemical storage sites

25 within the continental United States to Johnston
63

S. 1005 PCS

1 Atoll: Provided, That this prohibition shall not apply

2 to General Accounting Office studies requested by a

3 Member of Congress or a Congressional Committee;

4 and

5 (b) the potential future uses of the nine chemi6 cal disposal facilities other than for the destruction

7 of stockpile chemical munitions and as limited by

8 section 1412(c)(2), Public Law 99–145: Provided,

9 That this prohibition does not apply to future use

10 studies for the CAMDS facility at Tooele, Utah.

11 SEC. 8039. None of the funds appropriated or made

12 available in this Act shall be used to procure carbon, alloy

13 or armor steel plate for use in any Government-owned fa14 cility or property under the control of the Department of

15 Defense which were not melted and rolled in the United

16 States or Canada: Provided, That these procurement re17 strictions shall apply to any and all Federal Supply Class

18 9515, American Society of Testing and Materials (ASTM)

19 or American Iron and Steel Institute (AISI) specifications

20 of carbon, alloy or armor steel plate: Provided further,

21 That the Secretary of the military department responsible

22 for the procurement may waive this restriction on a case23 by-case basis by certifying in writing to the Committees

24 on Appropriations of the House of Representatives and the

25 Senate that adequate domestic supplies are not available
64

S. 1005 PCS

1 to meet Department of Defense requirements on a timely

2 basis and that such an acquisition must be made in order

3 to acquire capability for national security purposes: Pro4 vided further, That these restrictions shall not apply to

5 contracts which are in being as of the date of enactment

6 of this Act.

7 SEC. 8040. For the purposes of this Act, the term

8 ‘‘congressional defense committees’’ means the National

9 Security Committee of the House of Representatives, the

10 Armed Services Committee of the Senate, the Subcommit11 tee on Defense of the Committee on Appropriations of the

12 Senate, and the Subcommittee on National Security of the

13 Committee on Appropriations of the House of Representa14 tives.

15 SEC. 8041. During the current fiscal year, the De16 partment of Defense may acquire the modification, depot

17 maintenance and repair of aircraft, vehicles and vessels

18 as well as the production of components and other De19 fense-related articles, through competition between De20 partment of Defense depot maintenance activities and pri21 vate firms: Provided, That the Senior Acquisition Execu22 tive of the military department or defense agency con23 cerned, with power of delegation, shall certify that success24 ful bids include comparable estimates of all direct and in25 direct costs for both public and private bids: Provided fur-
65

S. 1005 PCS

1 ther, That Office of Management and Budget Circular A–

2 76 shall not apply to competitions conducted under this

3 section.

4 SEC. 8042. The total amounts appropriated in titles

5 II, III, and IV of this Act are hereby reduced by

6 $300,000,000 to reflect savings from the use of advisory

7 and assistance services by the Department of Defense:

8 Provided, That the savings shall be applied to the follow9 ing titles in the following amounts:

10 Title II, Operation and Maintenance,

11 $112,000,000;

12 Title III, Procurement, $62,000,000; and

13 Title IV, Research, Development, Test and

14 Evaluation, $126,000,000:

15 Provided further, That the savings specified shall be ap16 plied only to funds budgeted to purchase advisory and as17 sistance services: Provided further, That the savings shall

18 be applied on a pro-rata basis to each program, project

19 and activity which included budget funds for advisory and

20 assistance services.

21 SEC. 8043. Appropriations contained in this Act that

22 remain available at the end of the current fiscal year as

23 a result of energy cost savings realized by the Department

24 of Defense shall remain available for obligation for the
66

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1 next fiscal year to the extent, and for the purposes, pro2 vided in section 2865 of title 10, United States Code.

3 SEC. 8044. To provide funds for additional required

4 aviation depot level repairables in the Air Force Operation

5 and Maintenance account, the amounts appropriated else6 where in this Act for the following appropriation accounts

7 are reduced by 1.0 per centum: Aircraft Procurement, Air

8 Force; Missile Procurement, Air Force; Procurement of

9 Ammunition, Air Force; Other Procurement, Air Force;

10 and Research, Development, Test and Evaluation, Air

11 Force. These reductions shall be applied on a pro-rata

12 basis to each line item, program element, program,

13 project, subproject, and activity within each appropriation

14 account.

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8045. Amounts deposited during the current fis17 cal year to the special account established under 40 U.S.C.

18 485(h)(2) and to the special account established under 10

19 U.S.C. 2667(d)(1) are appropriated and shall be available

20 until transferred by the Secretary of Defense to current

21 applicable appropriations or funds of the Department of

22 Defense under the terms and conditions specified by 40

23 U.S.C. 485(h)(2) (A) and (B) and 10 U.S.C.

24 2667(d)(1)(B), to be merged with and to be available for

25 the same time period and the same purposes as the appro26 priation to which transferred.
67

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1 SEC. 8046. During the current fiscal year, appropria2 tions available to the Department of Defense may be used

3 to reimburse a member of a reserve component of the

4 Armed Forces who is not otherwise entitled to travel and

5 transportation allowances and who occupies transient gov6 ernment housing while performing active duty for training

7 or inactive duty training: Provided, That such members

8 may be provided lodging in kind if transient government

9 quarters are unavailable as if the member was entitled to

10 such allowances under subsection (a) of section 404 of title

11 37, United States Code: Provided further, That if lodging

12 in kind is provided, any authorized service charge or cost

13 of such lodging may be paid directly from funds appro14 priated for operation and maintenance of the reserve com15 ponent of the member concerned.

16 SEC. 8047. The President shall include with each

17 budget for a fiscal year submitted to the Congress under

18 section 1105 of title 31, United States Code, materials

19 that shall identify clearly and separately the amounts re20 quested in the budget for appropriation for that fiscal year

21 for salaries and expenses related to administrative activi22 ties of the Department of Defense, the military depart23 ments, and the Defense Agencies.

24 SEC. 8048. To provide funds for additional required

25 aviation depot level repairables in the Navy Operation and
68

S. 1005 PCS

1 Maintenance account, the amounts appropriated elsewhere

2 in this Act for the following appropriation accounts are

3 reduced by 1.1 per centum: Aircraft Procurement, Navy;

4 Weapons Procurement, Navy; Procurement of Ammuni5 tion, Navy and Marine Corps; Shipbuilding and Conver6 sion, Navy; Other Procurement, Navy; Procurement, Ma7 rine Corps; and Research, Development, Test and Evalua8 tion, Navy. These reductions shall be applied on a pro9 rata basis to each line item, program element, program,

10 project, subproject, and activity within each appropriation

11 account.

12 SEC. 8049. During the current fiscal year, amounts

13 contained in the Department of Defense Overseas Military

14 Facility Investment Recovery Account established by sec15 tion 2921(c)(1) of the National Defense Authorization Act

16 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall

17 be available until expended for the payments specified by

18 section 2921(c)(2) of that Act.

19 SEC. 8050. Of the funds appropriated or otherwise

20 made available by this Act, not more than $119,200,000

21 shall be available for payment of the operating costs of

22 NATO Headquarters: Provided, That the Secretary of De23 fense may waive this section for Department of Defense

24 support provided to NATO forces in and around the

25 former Yugoslavia.
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1 SEC. 8051. During the current fiscal year, appropria2 tions which are available to the Department of Defense

3 for operation and maintenance may be used to purchase

4 items having an investment item unit cost of not more

5 than $100,000.

6 SEC. 8052. (a) During the current fiscal year, none

7 of the appropriations or funds available to the Department

8 of Defense Working Capital Funds shall be used for the

9 purchase of an investment item for the purpose of acquir10 ing a new inventory item for sale or anticipated sale dur11 ing the current fiscal year or a subsequent fiscal year to

12 customers of the Department of Defense Working Capital

13 Funds if such an item would not have been chargeable

14 to the Department of Defense Working Capital Funds

15 during fiscal year 1994 and if the purchase of such an

16 investment item would be chargeable during the current

17 fiscal year to appropriations made to the Department of

18 Defense for procurement.

19 (b) The fiscal year 1999 budget request for the De20 partment of Defense as well as all justification material

21 and other documentation supporting the fiscal year 1999

22 Department of Defense budget shall be prepared and sub23 mitted to the Congress on the basis that any equipment

24 which was classified as an end item and funded in a pro25 curement appropriation contained in this Act shall be
70

S. 1005 PCS

1 budgeted for in a proposed fiscal year 1999 procurement

2 appropriation and not in the supply management business

3 area or any other area or category of the Department of

4 Defense Working Capital Funds.

5 SEC. 8053. None of the funds provided in this Act

6 shall be available for use by a Military Department to

7 modify an aircraft, weapon, ship or other item of equip8 ment, that the Military Department concerned plans to

9 retire or otherwise dispose of within five years after com10 pletion of the modification: Provided, That this prohibition

11 shall not apply to safety modifications: Provided further,

12 That this prohibition may be waived by the Secretary of

13 a Military Department if the Secretary determines it is

14 in the best national security interest of the United States

15 to provide such waiver and so notifies the congressional

16 defense committees in writing.

17 SEC. 8054. None of the funds appropriated by this

18 Act for programs of the Central Intelligence Agency shall

19 remain available for obligation beyond the current fiscal

20 year, except for funds appropriated for the Reserve for

21 Contingencies, which shall remain available until Septem22 ber 30, 1999.

23 SEC. 8055. Notwithstanding any other provision of

24 law, funds made available in this Act for the Defense In25 telligence Agency may be used for the design, develop-
71

S. 1005 PCS

1 ment, and deployment of General Defense Intelligence

2 Program intelligence communications and intelligence in3 formation systems for the Services, the Unified and Speci4 fied Commands, and the component commands.

5 SEC. 8056. Of the funds appropriated by the Depart6 ment of Defense under the heading ‘‘Operation and Main7 tenance, Defense-Wide’’, not less than $8,000,000 shall be

8 made available only for the mitigation of environmental

9 impacts, including training and technical assistance to

10 tribes, related administrative support, the gathering of in11 formation, documenting of environmental damage, and de12 veloping a system for prioritization of mitigation, on In13 dian lands resulting from Department of Defense activi14 ties.

15 SEC. 8057. Amounts collected for the use of the fa16 cilities of the National Science Center for Communications

17 and Electronics during the current fiscal year pursuant

18 to section 1459(g) of the Department of Defense Author19 ization Act, 1986, and deposited to the special account es20 tablished under subsection 1459(g)(2) of that Act are ap21 propriated and shall be available until expended for the

22 operation and maintenance of the Center as provided for

23 in subsection 1459(g)(2).

24 SEC. 8058. None of the funds appropriated in this

25 Act may be used to fill the commander’s position at any
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1 military medical facility with a health care professional

2 unless the prospective candidate can demonstrate profes3 sional administrative skills.

4 SEC. 8059. (a) None of the funds appropriated in this

5 Act may be expended by an entity of the Department of

6 Defense unless the entity, in expending the funds, com7 plies with the Buy American Act. For purposes of this

8 subsection, the term ‘‘Buy American Act’’ means title III

9 of the Act entitled ‘‘An Act making appropriations for the

10 Treasury and Post Office Departments for the fiscal year

11 ending June 30, 1934, and for other purposes’’, approved

12 March 3, 1933 (41 U.S.C. 10a et seq.).

13 (b) If the Secretary of Defense determines that a per14 son has been convicted of intentionally affixing a label

15 bearing a ‘‘Made in America’’ inscription to any product

16 sold in or shipped to the United States that is not made

17 in America, the Secretary shall determine, in accordance

18 with section 2410f of title 10, United States Code, wheth19 er the person should be debarred from contracting with

20 the Department of Defense.

21 (c) In the case of any equipment or products pur22 chased with appropriations provided under this Act, it is

23 the sense of the Congress that any entity of the Depart24 ment of Defense, in expending the appropriation, purchase

25 only American-made equipment and products, provided
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1 that American-made equipment and products are cost2 competitive, quality-competitive, and available in a timely

3 fashion.

4 SEC. 8060. None of the funds appropriated by this

5 Act shall be available for a contract for studies, analysis,

6 or consulting services entered into without competition on

7 the basis of an unsolicited proposal unless the head of the

8 activity responsible for the procurement determines—

9 (1) as a result of thorough technical evaluation,

10 only one source is found fully qualified to perform

11 the proposed work, or

12 (2) the purpose of the contract is to explore an

13 unsolicited proposal which offers significant sci14 entific or technological promise, represents the prod15 uct of original thinking, and was submitted in con16 fidence by one source, or

17 (3) the purpose of the contract is to take ad18 vantage of unique and significant industrial accom19 plishment by a specific concern, or to insure that a

20 new product or idea of a specific concern is given fi21 nancial support:

22 Provided, That this limitation shall not apply to contracts

23 in an amount of less than $25,000, contracts related to

24 improvements of equipment that is in development or pro25 duction, or contracts as to which a civilian official of the
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1 Department of Defense, who has been confirmed by the

2 Senate, determines that the award of such contract is in

3 the interest of the national defense.

4 SEC. 8061. Funds appropriated by this Act for intel5 ligence activities are deemed to be specifically authorized

6 by the Congress for purposes of section 504 of the Na7 tional Security Act of 1947 (50 U.S.C. 414).

8 SEC. 8062. None of the funds available to the De9 partment of Defense in this Act may be used to establish

10 additional field operating agencies of any element of the

11 Department during fiscal year 1998, except for field oper12 ating agencies funded within the National Foreign Intel13 ligence Program: Provided, That the Secretary of Defense

14 may waive this section by certifying to the House and Sen15 ate Committees on Appropriations that the creation of

16 such field operating agencies will reduce either the person17 nel and/or financial requirements of the Department of

18 Defense.

19 SEC. 8063. Notwithstanding section 303 of Public

20 Law 96–487 or any other provision of law, the Secretary

21 of the Navy is authorized to lease real and personal prop22 erty at Naval Air Facility, Adak, Alaska, pursuant to 10

23 U.S.C. 2667(f), for commercial, industrial or other pur24 poses.
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1 (RESCISSIONS)

2 SEC. 8064. Of the funds provided in Department of

3 Defense Appropriations Acts, the following funds are here4 by rescinded from the following accounts in the specified

5 amounts:

6 ‘‘Aircraft Procurement, Navy, 1997/1999’’,

7 $40,000,000;

8 ‘‘Research, Development, Test and Evaluation,

9 Defense-Wide, 1997/1998’’, $29,700,000;

10 ‘‘Research, Development, Test and Evaluation,

11 Air Force, 1997/1998’’, $25,000,000.

12 SEC. 8065. None of the funds available in this Act

13 may be used to reduce the authorized positions for mili14 tary (civilian) technicians of the Army National Guard,

15 the Air National Guard, Army Reserve and Air Force Re16 serve for the purpose of applying any administratively im17 posed civilian personnel ceiling, freeze, or reduction on

18 military (civilian) technicians, unless such reductions are

19 a direct result of a reduction in military force structure.

20 SEC. 8066. None of the funds appropriated or other21 wise made available in this Act may be obligated or ex22 pended for assistance to the Democratic People’s Republic

23 of North Korea unless specifically appropriated for that

24 purpose.
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1 SEC. 8067. During the current fiscal year, funds ap2 propriated in this Act are available to compensate mem3 bers of the National Guard for duty performed pursuant

4 to a plan submitted by a Governor of a State and approved

5 by the Secretary of Defense under section 112 of title 32,

6 United States Code: Provided, That during the perform7 ance of such duty, the members of the National Guard

8 shall be under State command and control: Provided fur9 ther, That such duty shall be treated as full-time National

10 Guard duty for purposes of sections 12602 (a)(2) and

11 (b)(2) of title 10, United States Code.

12 SEC. 8068. Funds appropriated in this Act for oper13 ation and maintenance of the Military Departments, Uni14 fied and Specified Commands and Defense Agencies shall

15 be available for reimbursement of pay, allowances and

16 other expenses which would otherwise be incurred against

17 appropriations for the National Guard and Reserve when

18 members of the National Guard and Reserve provide intel19 ligence support to Unified Commands, Defense Agencies

20 and Joint Intelligence Activities, including the activities

21 and programs included within the General Defense Intel22 ligence Program and the Consolidated Cryptologic Pro23 gram: Provided, That nothing in this section authorizes

24 deviation from established Reserve and National Guard

25 personnel and training procedures.
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1 SEC. 8069. During the current fiscal year, none of

2 the funds appropriated in this Act may be used to reduce

3 the civilian medical and medical support personnel as4 signed to military treatment facilities below the September

5 30, 1996 level: Provided, That the Service Surgeons Gen6 eral may waive this section by certifying to the congres7 sional defense committees that the beneficiary population

8 is declining in some catchment areas and civilian strength

9 reductions may be consistent with responsible resource

10 stewardship and capitation-based budgeting.

11 SEC. 8070. All refunds or other amounts collected in

12 the administration of the Civilian Health and Medical Pro13 gram of the Uniformed Services (CHAMPUS) shall be

14 credited to current year appropriations.

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8071. None of the funds appropriated in this

17 Act may be transferred to or obligated from the Pentagon

18 Reservation Maintenance Revolving Fund, unless the Sec19 retary of Defense certifies that the total cost for the plan20 ning, design, construction and installation of equipment

21 for the renovation of the Pentagon Reservation will not

22 exceed $1,118,000,000.

23 (TRANSFER OF FUNDS)

24 SEC. 8072. Appropriations available in this Act under

25 the heading ‘‘Operation and Maintenance, Defense-Wide’’

26 for increasing energy and water efficiency in Federal
78

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1 buildings may, during their period of availability, be trans2 ferred to other appropriations or funds of the Department

3 of Defense for projects related to increasing energy and

4 water efficiency, to be merged with and to be available

5 for the same general purposes, and for the same time pe6 riod, as the appropriation or fund to which transferred.

7 SEC. 8073. None of the funds appropriated by this

8 Act may be used for the procurement of ball and roller

9 bearings other than those produced by a domestic source

10 and of domestic origin: Provided, That the Secretary of

11 the military department responsible for such procurement

12 may waive this restriction on a case-by-case basis by cer13 tifying in writing to the Committees on Appropriations of

14 the House of Representatives and the Senate, that ade15 quate domestic supplies are not available to meet Depart16 ment of Defense requirements on a timely basis and that

17 such an acquisition must be made in order to acquire ca18 pability for national security purposes.

19 SEC. 8074. Notwithstanding any other provision of

20 law, funds available to the Department of Defense shall

21 be made available to provide transportation of medical

22 supplies and equipment, on a nonreimbursable basis, to

23 American Samoa: Provided, That notwithstanding any

24 other provision of law, funds available to the Department

25 of Defense shall be made available to provide transpor-
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1 tation of medical supplies and equipment, on a non2 reimbursable basis, to the Indian Health Service when it

3 is in conjunction with a civil-military project.

4 SEC. 8075. None of the funds in this Act may be

5 used to purchase any supercomputer which is not manu6 factured in the United States, unless the Secretary of De7 fense certifies to the congressional defense committees

8 that such an acquisition must be made in order to acquire

9 capability for national security purposes that is not avail10 able from United States manufacturers.

11 (TRANSFER OF FUNDS)

12 SEC. 8076. In addition to amounts appropriated or

13 otherwise made available by this Act, $300,000,000 is

14 hereby appropriated to the Department of Defense and

15 shall be available only for transfer to the United States

16 Coast Guard.

17 SEC. 8077. Notwithstanding any other provision of

18 law, each contract awarded by the Department of Defense

19 during the current fiscal year for construction or service

20 performed in whole or in part in a State which is not con21 tiguous with another State and has an unemployment rate

22 in excess of the national average rate of unemployment

23 as determined by the Secretary of Labor, shall include a

24 provision requiring the contractor to employ, for the pur25 pose of performing that portion of the contract in such

26 State that is not contiguous with another State, individ-
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S. 1005 PCS

1 uals who are residents of such State and who, in the case

2 of any craft or trade, possess or would be able to acquire

3 promptly the necessary skills: Provided, That the Sec4 retary of Defense may waive the requirements of this sec5 tion, on a case-by-case basis, in the interest of national

6 security.

7 SEC. 8078. (a) The Secretary of Defense shall sub8 mit, on a quarterly basis, a report to the congressional

9 defense committees, the Committee on International Rela10 tions of the House of Representatives and the Committee

11 on Foreign Relations of the Senate setting forth all costs

12 (including incremental costs) incurred by the Department

13 of Defense during the preceding quarter in implementing

14 or supporting resolutions of the United Nations Security

15 Council, including any such resolution calling for inter16 national sanctions, international peacekeeping operations,

17 and humanitarian missions undertaken by the Depart18 ment of Defense. The quarterly report shall include an ag19 gregate of all such Department of Defense costs by oper20 ation or mission.

21 (b) The Secretary of Defense shall detail in the quar22 terly reports all efforts made to seek credit against past

23 United Nations expenditures and all efforts made to seek

24 compensation from the United Nations for costs incurred
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1 by the Department of Defense in implementing and sup2 porting United Nations activities.

3 SEC. 8079. (a) LIMITATION ON TRANSFER OF DE4 FENSE ARTICLES AND SERVICES.—Notwithstanding any

5 other provision of law, none of the funds available to the

6 Department of Defense for the current fiscal year may be

7 obligated or expended to transfer to another nation or an

8 international organization any defense articles or services

9 (other than intelligence services) for use in the activities

10 described in subsection (b) unless the congressional de11 fense committees, the Committee on International Rela12 tions of the House of Representatives, and the Committee

13 on Foreign Relations of the Senate are notified 15 days

14 in advance of such transfer.

15 (b) COVERED ACTIVITIES.—(1) This section applies

16 to—

17 (A) any international peacekeeping or peace-en18 forcement operation under the authority of chapter

19 VI or chapter VII of the United Nations Charter

20 under the authority of a United Nations Security

21 Council resolution; and

22 (B) any other international peacekeeping,

23 peace-enforcement, or humanitarian assistance oper24 ation.
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1 (c) REQUIRED NOTICE.—A notice under subsection

2 (a) shall include the following:

3 (1) A description of the equipment, supplies, or

4 services to be transferred.

5 (2) A statement of the value of the equipment,

6 supplies, or services to be transferred.

7 (3) In the case of a proposed transfer of equip8 ment or supplies—

9 (A) a statement of whether the inventory

10 requirements of all elements of the Armed

11 Forces (including the reserve components) for

12 the type of equipment or supplies to be trans13 ferred have been met; and

14 (B) a statement of whether the items pro15 posed to be transferred will have to be replaced

16 and, if so, how the President proposes to pro17 vide funds for such replacement.

18 SEC. 8080. To the extent authorized by subchapter

19 VI of Chapter 148 of title 10, United States Code, the

20 Secretary of Defense shall issue loan guarantees in sup21 port of U.S. defense exports not otherwise provided for:

22 Provided, That the total contingent liability of the United

23 States for guarantees issued under the authority of this

24 section may not exceed $15,000,000,000: Provided further,

25 That the exposure fees charged and collected by the Sec-
83

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1 retary for each guarantee, shall be paid by the country

2 involved and shall not be financed as part of a loan guar3 anteed by the United States: Provided further, That the

4 Secretary shall provide quarterly reports to the Commit5 tees on Appropriations, Armed Services and Foreign Rela6 tions of the Senate and the Committees on Appropria7 tions, National Security and International Relations in the

8 House of Representatives on the implementation of this

9 program: Provided further, That amounts charged for ad10 ministrative fees and deposited to the special account pro11 vided for under section 2540c(d) of title 10, shall be avail12 able for paying the costs of administrative expenses of the

13 Department of Defense that are attributable to the loan

14 guarantee program under subchapter VI of Chapter 148

15 of title 10.

16 SEC. 8081. None of the funds available to the De17 partment of Defense shall be obligated or expended to

18 make a financial contribution to the United Nations for

19 the cost of an United Nations peacekeeping activity

20 (whether pursuant to assessment or a voluntary contribu21 tion) or for payment of any United States arrearage to

22 the United Nations.

23 SEC. 8082. None of the funds available to the De24 partment of Defense under this Act shall be obligated or

25 expended to pay a contractor under a contract with the
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1 Department of Defense for costs of any amount paid by

2 the contractor to an employee when—

3 (1) such costs are for a bonus or otherwise in

4 excess of the normal salary paid by the contractor

5 to the employee; and

6 (2) such bonus is part of restructuring costs as7 sociated with a business combination.

8 SEC. 8083. (a) None of the funds appropriated or

9 otherwise made available in this Act may be used to trans10 port or provide for the transportation of chemical muni11 tions or agents to the Johnston Atoll for the purpose of

12 storing or demilitarizing such munitions or agents.

13 (b) The prohibition in subsection (a) shall not apply

14 to any obsolete World War II chemical munition or agent

15 of the United States found in the World War II Pacific

16 Theater of Operations.

17 (c) The President may suspend the application of

18 subsection (a) during a period of war in which the United

19 States is a party.

20 SEC. 8084. None of the funds provided in title II of

21 this Act for ‘‘Former Soviet Union Threat Reduction’’

22 may be obligated or expended to finance housing for any

23 individual who was a member of the military forces of the

24 Soviet Union or for any individual who is or was a member

25 of the military forces of the Russian Federation.
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1 SEC. 8085. During the current fiscal year, no more

2 than $15,000,000 of appropriations made in this Act

3 under the heading ‘‘Operation and Maintenance, Defense4 Wide’’ may be transferred to appropriations available for

5 the pay of military personnel, to be merged with, and to

6 be available for the same time period as the appropriations

7 to which transferred, to be used in support of such person8 nel in connection with support and services for eligible or9 ganizations and activities outside the Department of De10 fense pursuant to section 2012 of title 10, United States

11 Code.

12 SEC. 8086. For purposes of section 1553(b) of title

13 31, United States Code, any subdivision of appropriations

14 made in this Act under the heading ‘‘Shipbuilding and

15 Conversion, Navy’’ shall be considered to be for the same

16 purpose as any subdivision under the heading ‘‘Shipbuild17 ing and Conversion, Navy’’ appropriations in any prior

18 year, and the one per centum limitation shall apply to the

19 total amount of the appropriation.

20 SEC. 8087. Notwithstanding 31 U.S.C. 1552(a), not

21 more than $14,000,000 appropriated under the heading

22 ‘‘Aircraft Procurement, Air Force’’ in Public Law 102–

23 396 which was available and obligated for the B–2 Air24 craft Program shall remain available for expenditure and
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S. 1005 PCS

1 for adjusting obligations for such program until Septem2 ber 30, 2003.

3 SEC. 8088. During the current fiscal year, in the case

4 of an appropriation account of the Department of Defense

5 for which the period of availability for obligation has ex6 pired or which has closed under the provisions of section

7 1552 of title 31, United States Code, and which has a

8 negative unliquidated or unexpended balance, an obliga9 tion or an adjustment of an obligation may be charged

10 to any current appropriation account for the same purpose

11 as the expired or closed account if—

12 (1) the obligation would have been properly

13 chargeable (except as to amount) to the expired or

14 closed account before the end of the period of avail15 ability or closing of that account;

16 (2) the obligation is not otherwise properly

17 chargeable to any current appropriation account of

18 the Department of Defense; and

19 (3) in the case of an expired account, the obli20 gation is not chargeable to a current appropriation

21 of the Department of Defense under the provisions

22 of section 1405(b)(8) of the National Defense Au23 thorization Act for Fiscal Year 1991, Public Law

24 101–510, as amended (31 U.S.C. 1551 note): Pro25 vided, That in the case of an expired account, if sub-
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S. 1005 PCS

1 sequent review or investigation discloses that there

2 was not in fact a negative unliquidated or unex3 pended balance in the account, any charge to a cur4 rent account under the authority of this section shall

5 be reversed and recorded against the expired ac6 count: Provided further, That the total amount

7 charged to a current appropriation under this sec8 tion may not exceed an amount equal to one per

9 centum of the total appropriation for that account.

10 (TRANSFER OF FUNDS)

11 SEC. 8089. Upon enactment of this Act, the Sec12 retary of Defense shall make the following transfers of

13 funds: Provided, That the amounts transferred shall be

14 available for the same purposes as the appropriations to

15 which transferred, and for the same time period as the

16 appropriation from which transferred: Provided further,

17 That the amounts shall be transferred between the follow18 ing appropriations in the amount specified:

19 From:

20 Under the heading, ‘‘Shipbuilding and

21 Conversion, Navy 1989/2000’’:

22 SSN–688 attack submarine program,

23 $3,000,000;

24 DDG–51 destroyer program,

25 $1,500,000;
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S. 1005 PCS

1 LHD–1 amphibious assault ship pro2 gram, $8,000,000;

3 T–AO fleet oiler program,

4 $3,453,000;

5 AOE combat support ship program,

6 $3,600,000;

7 For craft, outfitting, and post deliv8 ery, $2,019,000;

9 To:

10 Under the heading, ‘‘Shipbuilding and

11 Conversion, Navy 1989/2000’’:

12 SSN–21 attack submarine program,

13 $21,572;

14 From:

15 Under the heading, ‘‘Shipbuilding and

16 Conversion, Navy 1991/2001’’:

17 DDG–51 destroyer program,

18 $1,060,000;

19 LHD–1 amphibious assault ship pro20 gram, $1,600,000;

21 LSD–41 cargo variant ship program,

22 $2,666,000;

23 AOE combat support ship program,

24 $7,307,000;
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S. 1005 PCS

1 For craft, outfitting, and post deliv2 ery, $12,000,000;

3 To:

4 Under the heading, ‘‘Shipbuilding and

5 Conversion, Navy 1991/2001’’:

6 SSN–21 attack submarine program,

7 $24,633,000;

8 From:

9 Under the heading, ‘‘Shipbuilding and

10 Conversion, Navy 1996/2000’’:

11 LHD–1 amphibious assault ship pro12 gram, $10,654,000;

13 To:

14 Under the heading, ‘‘Shipbuilding and

15 Conversion, Navy 1996/2000’’:

16 SSN–21 attack submarine program,

17 $6,907,000;

18 DDG–51 destroyer program,

19 $3,747,000;

20 From:

21 Under the heading, ‘‘Shipbuilding and

22 Conversion, Navy 1994/1998’’:

23 LHD–1 amphibious assault ship pro24 gram, $400,000;
90

S. 1005 PCS

1 DDG–51 destroyer program,

2 $1,054,000;

3 From:

4 Under the heading, ‘‘Shipbuilding and

5 Conversion, Navy 1995/1999’’:

6 For craft, outfitting, and post deliv7 ery, conversions, and first destination

8 transportation, $715,000;

9 From:

10 Under the heading, ‘‘Shipbuilding and

11 Conversion, Navy 1996/2000’’:

12 LHD–1 amphibious assault ship pro13 gram, $12,451,000;

14 LPD amphibious transport dock ship

15 program, $5,062,000;

16 For craft, outfitting, and post deliv17 ery, conversions, and first destination

18 transportation, $878,000;

19 From:

20 Under the heading, ‘‘Shipbuilding and Conversion,

21 Navy 1997/2001’’:

22 For craft, outfitting, and post deliv23 ery, conversions, and first destination

24 transportation, $3,600,000;

25 To:
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S. 1005 PCS

1 Under the heading, ‘‘Shipbuilding and

2 Conversion, Navy 1997/2001’’:

3 DDG–51 destroyer program,

4 $24,160,000.

5 SEC. 8090. None of the funds available to the De6 partment of Defense under this Act may be obligated or

7 expended to reimburse a defense contractor for restructur8 ing costs associated with a business combination of the

9 defense contractor that occurs after the date of enactment

10 of this Act unless:

11 (1) the auditable savings for the Department of

12 Defense resulting from the restructuring will exceed

13 the costs allowed by a factor of at least two to one,

14 or

15 (2) the savings for the Department of Defense

16 resulting from the restructuring will exceed the costs

17 allowed and the Secretary of Defense determines

18 that the business combination will result in the pres19 ervation of a critical capability that might otherwise

20 be lost to the Department, and

21 (3) the report required by Section 818(e) of

22 Public Law 103–337 to be submitted to Congress in

23 1996 is submitted.

24 SEC. 8091. Notwithstanding any other provision of

25 law, none of the funds appropriated in this Act may be
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S. 1005 PCS

1 used to purchase, install, replace, or otherwise repair any

2 lock on a safe or security container which protects infor3 mation critical to national security or any other classified

4 materials and which has not been certified as passing the

5 security lock specifications contained in regulation FF–L–

6 2740 dated October 12, 1989, and has not passed all test7 ing criteria and procedures established through February

8 28, 1992: Provided, That the Director of Central Intel9 ligence may waive this provision, on a case-by-case basis

10 only, upon certification that the above cited locks are not

11 adequate for the protection of sensitive intelligence infor12 mation.

13 SEC. 8092. Funds appropriated in title II of this Act

14 for supervision and administration costs for facilities

15 maintenance and repair, minor construction, or design

16 projects may be obligated at the time the reimbursable

17 order is accepted by the performing activity: Provided,

18 That for the purpose of this section, supervision and ad19 ministration costs includes all in-house Government cost.

20 SEC. 8093. The Secretary of Defense may waive re21 imbursement of the cost of conferences, seminars, courses

22 of instruction, or similar educational activities of the Asia23 Pacific Center for Security Studies for military officers

24 and civilian officials of foreign nations if the Secretary de25 termines that attendance by such personnel, without reim-
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1 bursement, is in the national security interest of the Unit2 ed States: Provided, That costs for which reimbursement

3 is waived pursuant to this subsection shall be paid from

4 appropriations available for the Asia-Pacific Center.

5 SEC. 8094. (a) Notwithstanding any other provision

6 of law, the Chief of the National Guard Bureau may per7 mit the use of equipment of the National Guard Distance

8 Learning Project by any person or entity on a space-avail9 able, reimbursable basis. The Chief of the National Guard

10 Bureau shall establish the amount of reimbursement for

11 such use on a case-by-case basis.

12 (b) Amounts collected under subsection (a) shall be

13 credited to funds available for the National Guard Dis14 tance Learning Project and be available to defray the costs

15 associated with the use of equipment of the project under

16 that subsection. Such funds shall be available for such

17 purposes without fiscal year limitation.

18 SEC. 8095. Notwithstanding 31 U.S.C. 3902, during

19 the current fiscal year, interest penalties may be paid by

20 the Department of Defense from funds financing the oper21 ation of the military department or defense agency with

22 which the invoice or contract payment is associated.

23 SEC. 8096. The Secretary of the Army may exchange

24 or sell one Army C–20 aircraft and may apply the ex25 change allowance or sale proceeds in whole or in part pay-
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1 ment for the acquisition of one C–37 aircraft: Provided,

2 That in addition to such exchange allowance or sale pro3 ceeds, of the amount appropriated for fiscal year 1998 for

4 Aircraft Procurement, Air Force, not more than

5 $6,000,000 shall be made available for acquisition of the

6 C–37 for the United States Army: Provided further, That

7 in addition to such exchange allowance or sale proceeds,

8 of the amount appropriated for fiscal year 1997 for Air9 craft Procurement, Air Force, not more than $27,100,000

10 shall be made available for acquisition of the C–37 for the

11 United States Army.

12 SEC. 8097. From funds made available by this Act

13 for the Maritime Technology Program up to $250,000

14 shall be made available to assist with a pilot project that

15 will facilitate the transfer of commercial cruise ship ship16 building technology and expertise to U.S. yards, utilize the

17 experience and expertise of existing U.S.-flag cruise ship

18 operators, and enable the operation of a U.S.-flag foreign19 built cruise ship, and two newly-constructed U.S.-flag

20 cruise ships: Provided, That a person (including a related

21 person with respect to that person) who, within 18 months

22 after the date of enactment, enters into a binding contract

23 for construction in the United States of two cruise ships,

24 which contract shall provide for the construction of two

25 cruise ships of equal or greater size than the cruise ship
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S. 1005 PCS

1 being operated by such person on the date of enactment

2 and shall require the delivery of the first cruise ship no

3 later than January 1, 2005 and the second cruise ship

4 no later than January 1, 2008, may document with a

5 coastwise endorsement a foreign-built cruise ship other6 wise in compliance with 46 U.S.C. Sections 289, 883 and

7 12106 until such date which is twenty-four (24) months

8 after the delivery of the second cruise ship or any subse9 quently delivered cruise ship: Provided further, That a per10 son (including a related person with respect to that per11 son) within the meaning of 46 U.S.C. Section 801 may

12 not operate a U.S.-flag foreign-built cruise ship, or any

13 other cruise ship, in coastwise trade between or among the

14 islands of Hawaii, upon execution of the contract referred

15 to in this section and continuing throughout the life ex16 pectancy (as that term is used in 46 U.S.C. App 1125)

17 of a newly constructed U.S. flag cruise ship referred to

18 in this section, unless the cruise ship is operated by a per19 son (including a related person with respect to that per20 son) that is operating a cruise ship in coastwise trade be21 tween or among the islands of Hawaii on the date of en22 actment, except if any cruise ship constructed pursuant

23 to this section operates in regular service other than be24 tween or among the islands of Hawaii: Provided further,

25 That for purposes of this section the term ‘‘cruise ship’’
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1 means a vessel that is at least 10,000 gross tons (as meas2 ured under Chapter 143 of Title 46, United States Code)

3 and has berth or stateroom accommodations for at least

4 275 passengers: Provided further, That for purposes of

5 this section, unless otherwise defined in this section, the

6 term ‘‘person’’ means a corporation, partnership or asso7 ciation the controlling interest of which is owned by citi8 zens of the United States within the meaning of 46 U.S.C.

9 Section 802(b): Provided further, That for purposes of this

10 section the term ‘‘related person’’ means with respect to

11 a person (i) a holding company, subsidiary, affiliate or as12 sociation of the person and (ii) an officer, director, or

13 agent of the person or of an entity referred to in (i).

14 SEC. 8098. Notwithstanding any other provision of

15 law, the Secretary of Defense shall obligate the funds pro16 vided for University Research Initiatives in the Depart17 ment of Defense Appropriations Act, 1997 (titles I

18 through VIII under section 101(b) of Public Law 104–

19 208) for the projects and in the amounts provided for in

20 House Report 104–863 of the House of Representatives,

21 104th Congress, second session.

22 This Act may be cited as the ‘‘Department of Defense

23 Appropriations Act, 1998’’.
Calendar No. 108

105TH CONGRESS

1ST SESSION S. 1005

[Report No. 105–45]

A BILL

Making appropriations for the Department of De1998, and for other purposes. fense for the fiscal year ending September 30,

JULY 10, 1997

Read twice and placed on the calendar