II

Calendar No. 395

105TH CONGRESS

2D SESSION S. 2132

[Report No. 105–200]

Making appropriations for the Department of Defense for the fiscal year

ending September 30, 1999, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 4 (legislative day, JUNE 2), 1998

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, 1999, 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, 1999, for military func6 tions administered by the Department of Defense, and for

7 other purposes, namely:
2

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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 $20,822,051,000.

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

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

2 Department of Defense Military Retirement Fund;

3 $16,532,153,000.

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; $6,253,189,000.

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

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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 $17,205,660,000.

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; $2,152,075,000.

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,

22 United States Code, or while serving on active duty under

23 section 12301(d) of title 10, United States Code, in con24 nection with performing duty specified in section 12310(a)

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

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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 $1,387,379,000.

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 $401,888,000.

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

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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; $856,176,000.

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; $3,499,595,000.
7

S. 2132 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 $1,376,097,000.

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;
8

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1 $17,212,463,000 and, in addition, $50,000,000 shall be

2 derived by transfer from the National Defense Stockpile

3 Transaction Fund: Provided, That of the funds appro4 priated under this heading, $130,000,000 shall be trans5 ferred to the Quality of Life Enhancements, Defense ac6 count in this Act and shall be available only for expenses,

7 not otherwise provided for, resulting from unfunded short8 falls in the repair and maintenance of real property of the

9 Department of the Army (including minor construction

10 and major maintenance and repair of military housing and

11 barracks): Provided further, That of the funds appro12 priated in this paragraph, not less than $375,000,000

13 shall be made available only for conventional ammunition

14 care and maintenance.

15 OPERATION AND MAINTENANCE, NAVY

16 (INCLUDING TRANSFER OF FUNDS)

17 For expenses, not otherwise provided for, necessary

18 for the operation and maintenance of the Navy and the

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

20 $5,360,000 can be used for emergencies and extraordinary

21 expenses, to be expended on the approval or authority of

22 the Secretary of the Navy, and payments may be made

23 on his certificate of necessity for confidential military pur24 poses; $21,813,315,000 and, in addition, $50,000,000

25 shall be derived by transfer from the National Defense
9

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1 Stockpile Transaction Fund: Provided, That of the funds

2 appropriated under this heading, $48,000,000 shall be

3 transferred to the Quality of Life Enhancements, Defense

4 account in this Act and shall be available only for ex5 penses, not otherwise provided for, resulting from un6 funded shortfalls in the repair and maintenance of real

7 property of the Department of the Navy (including minor

8 construction and major maintenance and repair of military

9 housing and barracks).

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 For expenses, not otherwise provided for, necessary

12 for the operation and maintenance of the Marine Corps,

13 as authorized by law; $2,576,190,000: Provided, That of

14 the funds appropriated under this heading, $36,000,000

15 shall be transferred to the Quality of Life Enhancements,

16 Defense account in this Act and shall be available only

17 for expenses, not otherwise provided for, resulting from

18 unfunded shortfalls in the repair and maintenance of real

19 property of the Marine Corps (including minor construc20 tion and major maintenance and repair of military housing

21 and barracks).

22 OPERATION AND MAINTENANCE, AIR FORCE

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses, not otherwise provided for, necessary

25 for the operation and maintenance of the Air Force, as
10

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1 authorized by law; and not to exceed $7,968,000 can be

2 used for emergencies and extraordinary expenses, to be ex3 pended on the approval or authority of the Secretary of

4 the Air Force, and payments may be made on his certifi5 cate of necessity for confidential military purposes;

6 $19,073,141,000 and, in addition, $50,000,000 shall be

7 derived by transfer from the National Defense Stockpile

8 Transaction Fund: Provided, That of the funds appro9 priated under this heading, $50,000,000 shall be trans10 ferred to the Quality of Life Enhancements, Defense ac11 count in this Act and shall be available only for expenses,

12 not otherwise provided for, resulting from unfunded short13 falls in the repair and maintenance of real property of the

14 Air Force (including minor construction and major main15 tenance and repair of military housing and barracks).

16 OPERATION AND MAINTENANCE, DEFENSE-WIDE

17 For expenses, not otherwise provided for, necessary

18 for the operation and maintenance of activities and agen19 cies of the Department of Defense (other than the military

20 departments), as authorized by law; $10,259,231,000, of

21 which not to exceed $25,000,000 may be available for the

22 CINC initiative fund account; and of which not to exceed

23 $29,000,000 can be used for emergencies and extraor24 dinary expenses, to be expended on the approval or author25 ity of the Secretary of Defense, and payments may be
11

S. 2132 PCS

1 made on his certificate of necessity for confidential mili2 tary purposes: Provided, That of the funds appropriated

3 under this heading, $10,000,000 shall be made available

4 only for use in federally owned educational facilities lo5 cated on military installations for the purpose of transfer6 ring title of such facilities to the local educational facili7 ties.

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For expenses, not otherwise provided for, necessary

10 for the operation and maintenance, including training, or11 ganization, and administration, of the Army Reserve; re12 pair of facilities and equipment; hire of passenger motor

13 vehicles; travel and transportation; care of the dead; re14 cruiting; procurement of services, supplies, and equip15 ment; and communications; $1,202,622,000.

16 OPERATION AND MAINTENANCE, NAVY RESERVE

17 For expenses, not otherwise provided for, necessary

18 for the operation and maintenance, including training, or19 ganization, and administration, of the Navy Reserve; re20 pair of facilities and equipment; hire of passenger motor

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications; $928,639,000.
12

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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger

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

8 recruiting; procurement of services, supplies, and equip9 ment; and communications; $114,593,000.

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve;

14 repair of facilities and equipment; hire of passenger motor

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications; $1,744,696,000.

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and administer21 ing the Army National Guard, including medical and hos22 pital treatment and related expenses in non-Federal hos23 pitals; maintenance, operation, and repairs to structures

24 and facilities; hire of passenger motor vehicles; personnel

25 services in the National Guard Bureau; travel expenses
13

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1 (other than mileage), as authorized by law for Army per2 sonnel on active duty, for Army National Guard division,

3 regimental, and battalion commanders while inspecting

4 units in compliance with National Guard Bureau regula5 tions when specifically authorized by the Chief, National

6 Guard Bureau; supplying and equipping the Army Na7 tional Guard as authorized by law; and expenses of repair,

8 modification, maintenance, and issue of supplies and

9 equipment (including aircraft); $2,661,815,000: Provided,

10 That not later than March 15, 1999, the Director of the

11 Army National Guard shall provide a report to the con12 gressional defense committees identifying the allocation,

13 by installation and activity, of all base operations funds

14 appropriated under this heading.

15 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

16 For operation and maintenance of the Air National

17 Guard, including medical and hospital treatment and re18 lated expenses in non-Federal hospitals; maintenance, op19 eration, repair, and other necessary expenses of facilities

20 for the training and administration of the Air National

21 Guard, including repair of facilities, maintenance, oper22 ation, and modification of aircraft; transportation of

23 things, hire of passenger motor vehicles; supplies, mate24 rials, and equipment, as authorized by law for the Air Na25 tional Guard; and expenses incident to the maintenance
14

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

2 such as may be furnished from stocks under the control

3 of agencies of the Department of Defense; travel expenses

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

5 law for Air National Guard personnel on active Federal

6 duty, for Air National Guard commanders while inspecting

7 units in compliance with National Guard Bureau regula8 tions when specifically authorized by the Chief, National

9 Guard Bureau; $3,113,933,000.

10 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses directly relating to Overseas Contin13 gency Operations by United States military forces;

14 $746,900,000: Provided, That the Secretary of Defense

15 may transfer these funds only to operation and mainte16 nance accounts within this title, and working capital

17 funds: Provided further, That the funds transferred shall

18 be merged with and shall be available for the same pur19 poses and for the same time period, as the appropriation

20 to which transferred: Provided further, That the transfer

21 authority provided in this paragraph is in addition to any

22 other transfer authority contained elsewhere in this Act.
15

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1 UNITED STATES COURT OF APPEALS FOR THE ARMED

2 FORCES

3 For salaries and expenses necessary for the United

4 States Court of Appeals for the Armed Forces;

5 $7,324,000, of which not to exceed $2,500 can be used

6 for official representation purposes.

7 ENVIRONMENTAL RESTORATION, ARMY

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Army, $370,640,000, to

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

12 funds are required for environmental restoration, reduc13 tion and recycling of hazardous waste, removal of unsafe

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

15 for similar purposes, transfer the funds made available by

16 this appropriation to other appropriations made available

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

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

19 time period as the appropriations to which transferred:

20 Provided further, That upon a determination that all or

21 part of the funds transferred from this appropriation are

22 not necessary for the purposes provided herein, such

23 amounts may be transferred back to this appropriation:

24 Provided further, That not more than twenty-five per cen25 tum of funds provided under this heading may be obli-
16

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1 gated for environmental remediation by the Corps of Engi2 neers under total environmental remediation contracts.

3 ENVIRONMENTAL RESTORATION, NAVY

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Department of the Navy, $274,600,000, to

6 remain available until transferred: Provided, That the Sec7 retary of the Navy shall, upon determining that such

8 funds are required for environmental restoration, reduc9 tion and recycling of hazardous waste, removal of unsafe

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

11 for similar purposes, transfer the funds made available by

12 this appropriation to other appropriations made available

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

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

15 time period as the appropriations to which transferred:

16 Provided further, That upon a determination that all or

17 part of the funds transferred from this appropriation are

18 not necessary for the purposes provided herein, such

19 amounts may be transferred back to this appropriation.

20 ENVIRONMENTAL RESTORATION, AIR FORCE

21 (INCLUDING TRANSFER OF FUNDS)

22 For the Department of the Air Force, $372,100,000,

23 to remain available until transferred: Provided, That the

24 Secretary of the Air Force shall, upon determining that

25 such funds are required for environmental restoration, re-
17

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1 duction and recycling of hazardous waste, removal of un2 safe buildings and debris of the Department of the Air

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

4 available by this appropriation to other appropriations

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

6 merged with and to be available for the same purposes

7 and for the same time period as the appropriations to

8 which transferred: Provided further, That upon a deter9 mination that all or part of the funds transferred from

10 this appropriation are not necessary for the purposes pro11 vided herein, such amounts may be transferred back to

12 this appropriation.

13 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

14 (INCLUDING TRANSFER OF FUNDS)

15 For the Department of Defense, $23,091,000, to re16 main available until transferred: Provided, That the Sec17 retary of Defense shall, upon determining that such funds

18 are required for environmental restoration, reduction and

19 recycling of hazardous waste, removal of unsafe buildings

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

21 purposes, transfer the funds made available by this appro22 priation to other appropriations made available to the De23 partment of Defense, to be merged with and to be avail24 able for the same purposes and for the same time period

25 as the appropriations to which transferred: Provided fur-
18

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1 ther, That upon a determination that all or part of the

2 funds transferred from this appropriation are not nec3 essary for the purposes provided herein, such amounts

4 may be transferred back to this appropriation.

5 ENVIRONMENTAL RESTORATION, FORMERLY USED

6 DEFENSE SITES

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Army, $225,000,000, to

9 remain available until transferred: Provided, That the Sec10 retary of the Army shall, upon determining that such

11 funds are required for environmental restoration, reduc12 tion and recycling of hazardous waste, removal of unsafe

13 buildings and debris at sites formerly used by the Depart14 ment of Defense, transfer the funds made available by this

15 appropriation to other appropriations made available to

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

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

18 period as the appropriations to which transferred: Pro19 vided further, That upon a determination that all or part

20 of the funds transferred from this appropriation are not

21 necessary for the purposes provided herein, such amounts

22 may be transferred back to this appropriation.

23 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

24 For expenses relating to the Overseas Humanitarian,

25 Disaster, and Civic Aid programs of the Department of
19

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1 Defense (consisting of the programs provided under sec2 tions 401, 402, 404, 2547, and 2551 of title 10, United

3 States Code); $50,000,000, to remain available until Sep4 tember 30, 2000.

5 FORMER SOVIET UNION THREAT REDUCTION

6 For assistance to the republics of the former Soviet

7 Union, including assistance provided by contract or by

8 grants, for facilitating the elimination and the safe and

9 secure transportation and storage of nuclear, chemical and

10 other weapons; for establishing programs to prevent the

11 proliferation of weapons, weapons components, and weap12 on-related technology and expertise; for programs relating

13 to the training and support of defense and military person14 nel for demilitarization and protection of weapons, weap15 ons components and weapons technology and expertise;

16 $440,400,000, to remain available until September 30,

17 2001: Provided, That of the amounts provided under this

18 heading, $35,000,000 shall be available only to support

19 the dismantling and disposal of nuclear submarines and

20 submarine reactor components in the Russian Far East.

21 QUALITY OF LIFE ENHANCEMENTS, DEFENSE

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses, not otherwise provided for, resulting

24 from unfunded shortfalls in the repair and maintenance

25 of real property of the Department of Defense (including
20

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1 military housing and barracks); $264,000,000 shall be

2 derived by transfer from the Operation and Maintenance

3 accounts, for the maintenance of real property of the De4 partment of Defense (including minor construction and

5 major maintenance and repair), which shall remain avail6 able for obligation until September 30, 2000.

7 PENTAGON RENOVATION TRANSFER FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For expenses, not otherwise provided for, resulting

10 from the Department of Defense renovation of the Penta11 gon Reservation; $279,820,000 derived by transfer from

12 the Operation and Maintenance accounts, for the renova13 tion of the Pentagon Reservation, which shall remain

14 available for obligation until September 30, 2000, as fol15 lows:

16 Army, $96,000,000;

17 Navy, $32,087,000;

18 Marine Corps, $9,513,000;

19 Air Force, $52,200,000; and

20 Defense-Wide, $90,020,000.

21 MORALE, WELFARE AND RECREATION AND PERSONNEL

22 SUPPORT FOR CONTINGENCY DEPLOYMENTS

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses, not otherwise provided for, to provide

25 necessary morale, welfare and recreation support, family
21

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1 support, and to sustain necessary retention and re-enlist2 ment of military personnel in critical military occupational

3 specialties, resulting from the deployment of military per4 sonnel to Bosnia and Southwest Asia; $50,000,000 to re5 main available until expended: Provided, That the Sec6 retary of Defense may transfer these funds only to oper7 ation and maintenance accounts for the military services:

8 Provided further, That the funds transferred shall be avail9 able only for the purposes as described under this heading:

10 Provided further, That the transfer authority provided in

11 this paragraph is in addition to any other transfer author12 ity contained elsewhere in this Act.

13 TITLE III

14 PROCUREMENT

15 AIRCRAFT PROCUREMENT, ARMY

16 For construction, procurement, production, modifica17 tion, and modernization of aircraft, equipment, including

18 ordnance, ground handling equipment, spare parts, and

19 accessories therefor; specialized equipment and training

20 devices; expansion of public and private plants, including

21 the land necessary therefor, for the foregoing purposes,

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

23 and construction prosecuted thereon prior to approval of

24 title; and procurement and installation of equipment, ap25 pliances, and machine tools in public and private plants;
22

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1 reserve plant and Government and contractor-owned

2 equipment layaway; and other expenses necessary for the

3 foregoing purposes; $1,408,652,000, to remain available

4 for obligation until September 30, 2001.

5 MISSILE PROCUREMENT, ARMY

6 For construction, procurement, production, modifica7 tion, and modernization of missiles, equipment, including

8 ordnance, ground handling equipment, spare parts, and

9 accessories therefor; specialized equipment and training

10 devices; expansion of public and private plants, including

11 the land necessary therefor, for the foregoing purposes,

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

13 and construction prosecuted thereon prior to approval of

14 title; and procurement and installation of equipment, ap15 pliances, and machine tools in public and private plants;

16 reserve plant and Government and contractor-owned

17 equipment layaway; and other expenses necessary for the

18 foregoing purposes; $1,188,739,000, to remain available

19 for obligation until September 30, 2001.

20 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

21 VEHICLES, ARMY

22 For construction, procurement, production, and

23 modification of weapons and tracked combat vehicles,

24 equipment, including ordnance, spare parts, and acces25 sories therefor; specialized equipment and training devices;
23

S. 2132 PCS

1 expansion of public and private plants, including the land

2 necessary therefor, for the foregoing purposes, and such

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and

5 procurement and installation of equipment, appliances,

6 and machine tools in public and private plants; reserve

7 plant and Government and contractor-owned equipment

8 layaway; and other expenses necessary for the foregoing

9 purposes; $1,484,055,000, to remain available for obliga10 tion until September 30, 2001.

11 PROCUREMENT OF AMMUNITION, ARMY

12 For construction, procurement, production, and

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities au16 thorized by section 2854 of title 10, United States Code,

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary

24 for the foregoing purposes; $998,655,000, to remain avail25 able for obligation until September 30, 2001.
24

S. 2132 PCS

1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and

3 modification of vehicles, including tactical and non-tracked

4 combat vehicles and the lease of support vehicles; commu5 nications and electronic equipment; other support equip6 ment; spare parts, ordnance, and accessories therefor; spe7 cialized equipment and training devices; expansion of pub8 lic and private plants, including the land necessary there9 for, for the foregoing purposes, and such lands and inter10 ests therein, may be acquired, and construction prosecuted

11 thereon prior to approval of title; and procurement and

12 installation of equipment, appliances, and machine tools

13 in public and private plants; reserve plant and Govern14 ment and contractor-owned equipment layaway; and other

15 expenses necessary for the foregoing purposes;

16 $3,395,729,000, to remain available for obligation until

17 September 30, 2001.

18 AIRCRAFT PROCUREMENT, NAVY

19 For construction, procurement, production, modifica20 tion, and modernization of aircraft, equipment, including

21 ordnance, spare parts, and accessories therefor; specialized

22 equipment; expansion of public and private plants, includ23 ing the land necessary therefor, and such lands and inter24 ests therein, may be acquired, and construction prosecuted

25 thereon prior to approval of title; and procurement and
25

S. 2132 PCS

1 installation of equipment, appliances, and machine tools

2 in public and private plants; reserve plant and Govern3 ment and contractor-owned equipment layaway;

4 $7,473,403,000, to remain available for obligation until

5 September 30, 2001.

6 WEAPONS PROCUREMENT, NAVY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, torpedoes, other weap9 ons, and related support equipment including spare parts,

10 and accessories therefor; expansion of public and private

11 plants, including the land necessary therefor, and such

12 lands and interests therein, may be acquired, and con13 struction prosecuted thereon prior to approval of title; and

14 procurement and installation of equipment, appliances,

15 and machine tools in public and private plants; reserve

16 plant and Government and contractor-owned equipment

17 layaway; $1,324,045,000, to remain available for obliga18 tion until September 30, 2001.

19 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

20 CORPS

21 For construction, procurement, production, and

22 modification of ammunition, and accessories therefor; spe23 cialized equipment and training devices; expansion of pub24 lic and private plants, including ammunition facilities au25 thorized by section 2854 of title 10, United States Code,
26

S. 2132 PCS

1 and the land necessary therefor, for the foregoing pur2 poses, and such lands and interests therein, may be ac3 quired, and construction prosecuted thereon prior to ap4 proval of title; and procurement and installation of equip5 ment, appliances, and machine tools in public and private

6 plants; reserve plant and Government and contractor7 owned equipment layaway; and other expenses necessary

8 for the foregoing purposes; $480,739,000, to remain avail9 able for obligation until September 30, 2001.

10 SHIPBUILDING AND CONVERSION, NAVY

11 For expenses necessary for the construction, acquisi12 tion, or conversion of vessels as authorized by law, includ13 ing armor and armament thereof, plant equipment, appli14 ances, and machine tools and installation thereof in public

15 and private plants; reserve plant and Government and con16 tractor-owned equipment layaway; procurement of critical,

17 long leadtime components and designs for vessels to be

18 constructed or converted in the future; and expansion of

19 public and private plants, including land necessary there20 for, and such lands and interests therein, may be acquired,

21 and construction prosecuted thereon prior to approval of

22 title, as follows:

23 NSSN, $1,498,165,000;

24 NSSN (AP), $504,736,000;

25 CVN–77 (AP), $124,515,000;
27

S. 2132 PCS

1 CVN Refuelings (AP), $274,980,000;

2 DDG–51 destroyer program, $2,672,078,000;

3 DDG–51 destroyer program (AP), $7,396,000;

4 LPD–17 amphibious transport dock ship,

5 $638,780,000;

6 LHD–8 (AP), $50,000,000;

7 Oceanographic ship program, $60,341,000;

8 LCAC landing craft air cushion program,

9 $16,000,000; and

10 For craft, outfitting, post delivery, conversions,

11 and first destination transportation, $220,281,000;

12 In all: $6,067,272,000, to remain available for obligation

13 until September 30, 2003: Provided, That additional obli14 gations may be incurred after September 30, 2003, for

15 engineering services, tests, evaluations, and other such

16 budgeted work that must be performed in the final stage

17 of ship construction: Provided further, That none of the

18 funds provided under this heading for the construction or

19 conversion of any naval vessel to be constructed in ship20 yards in the United States shall be expended in foreign

21 facilities for the construction of major components of such

22 vessel: Provided further, That none of the funds provided

23 under this heading shall be used for the construction of

24 any naval vessel in foreign shipyards.
28

S. 2132 PCS

1 OTHER PROCUREMENT, NAVY

2 For procurement, production, and modernization of

3 support equipment and materials not otherwise provided

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

5 ships, and ships authorized for conversion); lease of pas6 senger motor vehicles; expansion of public and private

7 plants, including the land necessary therefor, and such

8 lands and interests therein, may be acquired, and con9 struction prosecuted thereon prior to approval of title; and

10 procurement and installation of equipment, appliances,

11 and machine tools in public and private plants; reserve

12 plant and Government and contractor-owned equipment

13 layaway; $3,886,475,000, to remain available for obliga14 tion until September 30, 2001.

15 PROCUREMENT, MARINE CORPS

16 For expenses necessary for the procurement, manu17 facture, and modification of missiles, armament, military

18 equipment, spare parts, and accessories therefor; plant

19 equipment, appliances, and machine tools, and installation

20 thereof in public and private plants; reserve plant and

21 Government and contractor-owned equipment layaway;

22 lease of passenger motor vehicles; and expansion of public

23 and private plants, including land necessary therefor, and

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

25 construction prosecuted thereon prior to approval of title;
29

S. 2132 PCS

1 $954,177,000, to remain available for obligation until Sep2 tember 30, 2001.

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For construction, procurement, lease, and modifica5 tion of aircraft and equipment, including armor and arma6 ment, specialized ground handling equipment, and train7 ing devices, spare parts, and accessories therefor; special8 ized equipment; expansion of public and private plants,

9 Government-owned equipment and installation thereof in

10 such plants, erection of structures, and acquisition of land,

11 for the foregoing purposes, and such lands and interests

12 therein, may be acquired, and construction prosecuted

13 thereon prior to approval of title; reserve plant and Gov14 ernment and contractor-owned equipment layaway; and

15 other expenses necessary for the foregoing purposes in16 cluding rents and transportation of things;

17 $7,967,023,000, to remain available for obligation until

18 September 30, 2001.

19 MISSILE PROCUREMENT, AIR FORCE

20 For construction, procurement, and modification of

21 missiles, spacecraft, rockets, and related equipment, in22 cluding spare parts and accessories therefor, ground han23 dling equipment, and training devices; expansion of public

24 and private plants, Government-owned equipment and in25 stallation thereof in such plants, erection of structures,
30

S. 2132 PCS

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

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

3 construction prosecuted thereon prior to approval of title;

4 reserve plant and Government and contractor-owned

5 equipment layaway; and other expenses necessary for the

6 foregoing purposes including rents and transportation of

7 things; $2,219,299,000, to remain available for obligation

8 until September 30, 2001.

9 PROCUREMENT OF AMMUNITION, AIR FORCE

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 of title 10, United States Code,

15 and the land necessary therefor, for the foregoing pur16 poses, and such lands and interests therein, may be ac17 quired, and construction prosecuted thereon prior to ap18 proval of title; and procurement and installation of equip19 ment, appliances, and machine tools in public and private

20 plants; reserve plant and Government and contractor21 owned equipment layaway; and other expenses necessary

22 for the foregoing purposes; $384,161,000, to remain avail23 able for obligation until September 30, 2001.
31

S. 2132 PCS

1 OTHER PROCUREMENT, AIR FORCE

2 For procurement and modification of equipment (in3 cluding ground guidance and electronic control equipment,

4 and ground electronic and communication equipment),

5 and supplies, materials, and spare parts therefor, not oth6 erwise provided for; lease of passenger motor vehicles; and

7 expansion 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; $6,904,164,000, to re14 main available for obligation until September 30, 2001.

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 lease of passenger

21 motor vehicles; expansion of public and private plants,

22 equipment, and installation thereof in such plants, erec23 tion of structures, and acquisition of land for the foregoing

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

25 acquired, and construction prosecuted thereon prior to ap-
32

S. 2132 PCS

1 proval of title; reserve plant and Government and contrac2 tor-owned equipment layaway; $1,932,250,000, to remain

3 available for obligation until September 30, 2001.

4 NATIONAL GUARD AND RESERVE EQUIPMENT

5 For procurement of aircraft, missiles, tracked combat

6 vehicles, ammunition, other weapons, and other procure7 ment for the reserve components of the Armed Forces;

8 $500,000,000, to remain available for obligation until Sep9 tember 30, 2001: Provided, That the Chiefs of the Reserve

10 and National Guard components shall, not later than 30

11 days after the enactment of this Act, individually submit

12 to the congressional defense committees the modernization

13 priority assessment for their respective Reserve or Na14 tional Guard component.

15 TITLE IV

16 RESEARCH, DEVELOPMENT, TEST AND

17 EVALUATION

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

19 ARMY

20 For expenses necessary for basic and applied sci21 entific research, development, test and evaluation, includ22 ing maintenance, rehabilitation, lease, and operation of fa23 cilities and equipment; $4,891,640,000, to remain avail24 able for obligation until September 30, 2000.
33

S. 2132 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; $8,215,519,000, to remain avail7 able for obligation until September 30, 2000.

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

9 AIR FORCE

10 For expenses necessary for basic and applied sci11 entific research, development, test and evaluation, includ12 ing maintenance, rehabilitation, lease, and operation of fa13 cilities and equipment; $13,693,153,000, to remain avail14 able for obligation until September 30, 2000.

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

16 DEFENSE-WIDE

17 For expenses of activities and agencies of the Depart18 ment of Defense (other than the military departments),

19 necessary for basic and applied scientific research, devel20 opment, test and evaluation; advanced research projects

21 as may be designated and determined by the Secretary

22 of Defense, pursuant to law; maintenance, rehabilitation,

23 lease, and operation of facilities and equipment;

24 $9,032,908,000, to remain available for obligation until

25 September 30, 2000.
34

S. 2132 PCS

1 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, of inde3 pendent activities of the Director, Test and Evaluation in

4 the direction and supervision of developmental test and

5 evaluation, including performance and joint developmental

6 testing and evaluation; and administrative expenses in

7 connection therewith; $249,106,000, to remain available

8 for obligation until September 30, 2000.

9 OPERATIONAL TEST AND EVALUATION, DEFENSE

10 For expenses, not otherwise provided for, necessary

11 for the independent activities of the Director, Operational

12 Test and Evaluation in the direction and supervision of

13 operational test and evaluation, including initial oper14 ational test and evaluation which is conducted prior to,

15 and in support of, production decisions; joint operational

16 testing and evaluation; and administrative expenses in

17 connection therewith; $25,245,000, to remain available for

18 obligation until September 30, 2000.

19 TITLE V

20 REVOLVING AND MANAGEMENT FUNDS

21 DEFENSE WORKING CAPITAL FUNDS

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Defense Working Capital Funds;

24 $94,500,000: Provided, That during fiscal year 1999, in

25 order to maintain adequate cash balances in the Defense
35

S. 2132 PCS

1 Working Capital Funds, the Secretary of Defense may

2 transfer up to $151,000,000 from the National Defense

3 Stockpile Transaction Fund to the Defense Working Cap4 ital Funds: Provided further, That the total of amounts

5 so transferred during the fiscal year shall be transferred

6 back to the National Defense Stockpile Transaction Fund

7 not later than September 30, 1999.

8 NATIONAL DEFENSE SEALIFT FUND

9 For National Defense Sealift Fund programs,

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

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

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

13 $669,566,000, to remain available until expended: Pro14 vided, That none of the funds provided in this paragraph

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

16 the acquisition of any of the following major components

17 unless such components are manufactured in the United

18 States: auxiliary equipment, including pumps, for all ship19 board services; propulsion system components (that is; en20 gines, reduction gears, and propellers); shipboard cranes;

21 and spreaders for shipboard cranes: Provided further, That

22 the exercise of an option in a contract awarded through

23 the obligation of previously appropriated funds shall not

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

25 further, That the Secretary of the military department re-
36

S. 2132 PCS

1 sponsible for such procurement may waive these restric2 tions on a case-by-case basis by certifying in writing to

3 the Committees on Appropriations of the House of Rep4 resentatives and the Senate, that adequate domestic sup5 plies are not available to meet Department of Defense re6 quirements on a timely basis and that such an acquisition

7 must be made in order to acquire capability for national

8 security purposes.

9 TITLE VI

10 OTHER DEPARTMENT OF DEFENSE PROGRAMS

11 DEFENSE HEALTH PROGRAM

12 For expenses, not otherwise provided for, for medical

13 and health care programs of the Department of Defense,

14 as authorized by law; $10,337,322,000, of which

15 $9,684,935,000 shall be for Operation and maintenance,

16 of which not to exceed two per centum shall remain avail17 able until September 30, 1999, of which $402,387,000,

18 to remain available for obligation until September 30,

19 2001, shall be for Procurement, and of which

20 $250,000,000, to remain available for obligation until Sep21 tember 30, 2000, shall be for Research, development, test

22 and evaluation.
37

S. 2132 PCS

1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

2 DEFENSE

3 For expenses, not otherwise provided for, necessary

4 for the destruction of the United States stockpile of lethal

5 chemical agents and munitions in accordance with the pro6 visions of section 1412 of the Department of Defense Au7 thorization Act, 1986 (50 U.S.C. 1521), and for the de8 struction of other chemical warfare materials that are not

9 in the chemical weapon stockpile, $780,150,000, of which

10 $491,700,000 shall be for Operation and maintenance,

11 $115,670,000 shall be for Procurement to remain avail12 able until September 30, 2001, and $172,780,000 shall

13 be for Research, development, test and evaluation to re14 main available until September 30, 2000: Provided, That

15 of the funds available under this heading, $1,000,000 shall

16 be available until expended each year only for a Johnston

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

18 Secretaries concerned shall, pursuant to uniform regula19 tions, prescribe travel and transportation allowances for

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

21 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

22 DEFENSE

23 (INCLUDING TRANSFER OF FUNDS)

24 For drug interdiction and counter-drug activities of

25 the Department of Defense, for transfer to appropriations
38

S. 2132 PCS

1 available to the Department of Defense for military per2 sonnel of the reserve components serving under the provi3 sions of title 10 and title 32, United States Code; for Op4 eration and maintenance; for Procurement; and for Re5 search, development, test and evaluation; $742,582,000:

6 Provided, That the funds appropriated under this head

7 shall be available for obligation for the same time period

8 and for the same purpose as the appropriation to which

9 transferred: Provided further, That the transfer authority

10 provided in this paragraph is in addition to any transfer

11 authority contained elsewhere in this Act.

12 OFFICE OF THE INSPECTOR GENERAL

13 For expenses and activities of the Office of the In14 spector General in carrying out the provisions of the In15 spector General Act of 1978, as amended; $132,064,000,

16 of which $130,764,000 shall be for Operation and mainte17 nance, of which not to exceed $500,000 is available for

18 emergencies and extraordinary expenses to be expended on

19 the approval or authority of the Inspector General, and

20 payments may be made on his certificate of necessity for

21 confidential military purposes; and of which $1,300,000,

22 to remain available until September 30, 2001, shall be for

23 Procurement.
39

S. 2132 PCS

1 TITLE VII

2 RELATED AGENCIES

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Re6 tirement and Disability System Fund, to maintain proper

7 funding level for continuing the operation of the Central

8 Intelligence Agency Retirement and Disability System;

9 $201,500,000.

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Intelligence Commu13 nity Management Account; $134,623,000, of which

14 $39,011,000 for the Advanced Research and Development

15 Committee and the Environmental Intelligence and Appli16 cations Program shall remain available until September

17 30, 2000: Provided, That of the funds appropriated under

18 this heading, $27,000,000 shall be transferred to the De19 partment of Justice for the National Drug Intelligence

20 Center to support the Department of Defense’s counter21 drug intelligence responsibilities, and of the said amount,

22 $1,500,000 for Procurement shall remain available until

23 September 30, 2001, and $3,000,000 for Research, devel24 opment, test and evaluation shall remain available until

25 September 30, 2000.
40

S. 2132 PCS

1 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE2 MEDIATION, AND ENVIRONMENTAL RESTORATION

3 FUND

4 For payment to Kaho’olawe Island Conveyance, Re5 mediation, and Environmental Restoration Fund, as au6 thorized by law; $25,000,000, to remain available until ex7 pended.

8 NATIONAL SECURITY EDUCATION TRUST FUND

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

10 183, $3,000,000, to be derived from the National Security

11 Education Trust Fund, to remain available until ex12 pended.

13 TITLE VIII

14 GENERAL PROVISIONS

15 SEC. 8001. No part of any appropriation contained

16 in this Act shall be used for publicity or propaganda pur17 poses not authorized by the Congress.

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

19 of law prohibiting the payment of compensation to, or em20 ployment of, any person not a citizen of the United States

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

22 Provided, That salary increases granted to direct and indi23 rect hire foreign national employees of the Department of

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

25 of the percentage increase authorized by law for civilian
41

S. 2132 PCS

1 employees of the Department of Defense whose pay is

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

3 United States Code, or at a rate in excess of the percent4 age increase provided by the appropriate host nation to

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

6 That this section shall not apply to Department of De7 fense foreign service national employees serving at United

8 States diplomatic missions whose pay is set by the Depart9 ment of State under the Foreign Service Act of 1980: Pro10 vided further, That the limitations of this provision shall

11 not apply to foreign national employees of the Department

12 of Defense in the Republic of Turkey.

13 SEC. 8003. No part of any appropriation contained

14 in this Act shall remain available for obligation beyond

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

16 SEC. 8004. No more than 20 per centum of the ap17 propriations in this Act which are limited for obligation

18 during the current fiscal year shall be obligated during

19 the last two months of the fiscal year: Provided, That this

20 section shall not apply to obligations for support of active

21 duty training of reserve components or summer camp

22 training of the Reserve Officers’ Training Corps.

23 (TRANSFER OF FUNDS)

24 SEC. 8005. Upon determination by the Secretary of

25 Defense that such action is necessary in the national inter26 est, he may, with the approval of the Office of Manage-
42

S. 2132 PCS

1 ment and Budget, transfer not to exceed $2,000,000,000

2 of working capital funds of the Department of Defense

3 or funds made available in this Act to the Department

4 of Defense for military functions (except military con5 struction) between such appropriations or funds or any

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

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

8 the appropriation or fund to which transferred: Provided,

9 That such authority to transfer may not be used unless

10 for higher priority items, based on unforeseen military re11 quirements, than those for which originally appropriated

12 and in no case where the item for which funds are re13 quested has been denied by Congress: Provided further,

14 That the Secretary of Defense shall notify the Congress

15 promptly of all transfers made pursuant to this authority

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

17 no part of the funds in this Act shall be available to pre18 pare or present a request to the Committees on Appropria19 tions for reprogramming of funds, unless for higher prior20 ity items, based on unforeseen military requirements, than

21 those for which originally appropriated and in no case

22 where the item for which reprogramming is requested has

23 been denied by the Congress.

24 (TRANSFER OF FUNDS)

25 SEC. 8006. During the current fiscal year, cash bal26 ances in working capital funds of the Department of De-
43

S. 2132 PCS

1 fense established pursuant to section 2208 of title 10,

2 United States Code, may be maintained in only such

3 amounts as are necessary at any time for cash disburse4 ments to be made from such funds: Provided, That trans5 fers may be made between such funds: Provided further,

6 That transfers may be made between working capital

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

8 appropriation and the ‘‘Operation and Maintenance’’ ap9 propriation accounts in such amounts as may be deter10 mined by the Secretary of Defense, with the approval of

11 the Office of Management and Budget, except that such

12 transfers may not be made unless the Secretary of Defense

13 has notified the Congress of the proposed transfer. Except

14 in amounts equal to the amounts appropriated to working

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

16 against a working capital fund to procure or increase the

17 value of war reserve material inventory, unless the Sec18 retary of Defense has notified the Congress prior to any

19 such obligation.

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

21 be used to initiate a special access program without prior

22 notification 30 calendar days in session in advance to the

23 congressional defense committees.

24 SEC. 8008. None of the funds provided in this Act

25 shall be available to initiate: (1) a multiyear contract that
44

S. 2132 PCS

1 employs economic order quantity procurement in excess of

2 $20,000,000 in any one year of the contract or that in3 cludes an unfunded contingent liability in excess of

4 $20,000,000; or (2) a contract for advance procurement

5 leading to a multiyear contract that employs economic

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

7 any one year, unless the congressional defense committees

8 have been notified at least 30 days in advance of the pro9 posed contract award: Provided, That no part of any ap10 propriation contained in this Act shall be available to initi11 ate a multiyear contract for which the economic order

12 quantity advance procurement is not funded at least to

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

14 That no part of any appropriation contained in this Act

15 shall be available to initiate multiyear procurement con16 tracts for any systems or component thereof if the value

17 of the multiyear contract would exceed $500,000,000 un18 less specifically provided in this Act: Provided further,

19 That no multiyear procurement contract can be termi20 nated without 10-day prior notification to the congres21 sional defense committees: Provided further, That the exe22 cution of multiyear authority shall require the use of a

23 present value analysis to determine lowest cost compared

24 to an annual procurement.
45

S. 2132 PCS

1 Funds appropriated in title III of this Act may be

2 used for multiyear procurement contracts as follows:

3 E–2C aircraft;

4 Longbow Hellfire missile; and

5 Medium tactical vehicle replacement (MTVR).

6 SEC. 8009. Within the funds appropriated for the op7 eration and maintenance of the Armed Forces, funds are

8 hereby appropriated pursuant to section 401 of title 10,

9 United States Code, for humanitarian and civic assistance

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

11 Such funds may also be obligated for humanitarian and

12 civic assistance costs incidental to authorized operations

13 and pursuant to authority granted in section 401 of chap14 ter 20 of title 10, United States Code, and these obliga15 tions shall be reported to Congress on September 30 of

16 each year: Provided, That funds available for operation

17 and maintenance shall be available for providing humani18 tarian and similar assistance by using Civic Action Teams

19 in the Trust Territories of the Pacific Islands and freely

20 associated states of Micronesia, pursuant to the Compact

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

22 Provided further, That upon a determination by the Sec23 retary of the Army that such action is beneficial for grad24 uate medical education programs conducted at Army med25 ical facilities located in Hawaii, the Secretary of the Army
46

S. 2132 PCS

1 may authorize the provision of medical services at such

2 facilities and transportation to such facilities, on a non3 reimbursable basis, for civilian patients from American

4 Samoa, the Commonwealth of the Northern Mariana Is5 lands, the Marshall Islands, the Federated States of Mi6 cronesia, Palau, and Guam.

7 SEC. 8010. (a) During fiscal year 1999, the civilian

8 personnel of the Department of Defense may not be man9 aged on the basis of any end-strength, and the manage10 ment of such personnel during that fiscal year shall not

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

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

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

14 (b) The fiscal year 2000 budget request for the De15 partment of Defense as well as all justification material

16 and other documentation supporting the fiscal year 2000

17 Department of Defense budget request shall be prepared

18 and submitted to the Congress as if subsections (a) and

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

20 year 2000.

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

22 to military (civilian) technicians.

23 SEC. 8011. Notwithstanding any other provision of

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

25 be used by the Department of Defense to exceed, outside
47

S. 2132 PCS

1 the 50 United States, its territories, and the District of

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

3 workyears shall be applied as defined in the Federal Per4 sonnel Manual: Provided further, That workyears ex5 pended in dependent student hiring programs for dis6 advantaged youths shall not be included in this workyear

7 limitation.

8 SEC. 8012. None of the funds made available by this

9 Act shall be used in any way, directly or indirectly, to in10 fluence congressional action on any legislation or appro11 priation matters pending before the Congress.

12 SEC. 8013. (a) None of the funds appropriated by

13 this Act shall be used to make contributions to the Depart14 ment of Defense Education Benefits Fund pursuant to

15 section 2006(g) of title 10, United States Code, represent16 ing the normal cost for future benefits under section

17 3015(c) of title 38, United States Code, for any member

18 of the armed services who, on or after the date of enact19 ment of this Act—

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

21 active duty of less than three years; or

22 (2) receives an enlistment bonus under section

23 308a or 308f of title 37, United States Code,

24 nor shall any amounts representing the normal cost of

25 such future benefits be transferred from the Fund by the
48

S. 2132 PCS

1 Secretary of the Treasury to the Secretary of Veterans

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

3 States Code; nor shall the Secretary of Veterans Affairs

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

5 the case of a member covered by clause (1), these limita6 tions shall not apply to members in combat arms skills

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

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

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

10 the cost-effective use of special recruiting incentives in11 volving not more than nineteen noncombat arms skills ap12 proved in advance by the Secretary of Defense: Provided

13 further, That this subsection applies only to active compo14 nents of the Army.

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

16 be available for the basic pay and allowances of any mem17 ber of the Army participating as a full-time student and

18 receiving benefits paid by the Secretary of Veterans Af19 fairs from the Department of Defense Education Benefits

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

21 toward completion of a service commitment: Provided,

22 That this subsection shall not apply to those members who

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

24 Provided further, That this subsection applies only to ac25 tive components of the Army.
49

S. 2132 PCS

1 SEC. 8014. None of the funds appropriated by this

2 Act shall be available to convert to contractor performance

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

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

5 by more than ten Department of Defense civilian employ6 ees until a most efficient and cost-effective organization

7 analysis is completed on such activity or function and cer8 tification of the analysis is made to the Committees on

9 Appropriations of the House of Representatives and the

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

11 commercial or industrial type function of the Department

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

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

14 1938 (41 U.S.C. 47), popularly referred to as the Javits15 Wagner-O’Day Act; (2) is planned to be converted to per16 formance by a qualified nonprofit agency for the blind or

17 by a qualified nonprofit agency for other severely handi18 capped individuals in accordance with that Act; or (3) is

19 planned to be converted to performance by a qualified firm

20 under 51 per centum Native American ownership.

21 (TRANSFER OF FUNDS)

22 SEC. 8015. Funds appropriated in title III of this Act

23 for the Department of Defense Pilot Mentor-Protege Pro24 gram may be transferred to any other appropriation con25 tained in this Act solely for the purpose of implementing

26 a Mentor-Protege Program developmental assistance
50

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1 agreement pursuant to section 831 of the National De2 fense Authorization Act for Fiscal Year 1991 (Public Law

3 101–510; 10 U.S.C. 2301 note), as amended, under the

4 authority of this provision or any other transfer authority

5 contained in this Act.

6 SEC. 8016. None of the funds in this Act may be

7 available for the purchase by the Department of Defense

8 (and its departments and agencies) of welded shipboard

9 anchor and mooring chain 4 inches in diameter and under

10 unless the anchor and mooring chain are manufactured

11 in the United States from components which are substan12 tially manufactured in the United States: Provided, That

13 for the purpose of this section manufactured will include

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

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

16 Provided further, That for the purpose of this section sub17 stantially all of the components of anchor and mooring

18 chain shall be considered to be produced or manufactured

19 in the United States if the aggregate cost of the compo20 nents produced or manufactured in the United States ex21 ceeds the aggregate cost of the components produced or

22 manufactured outside the United States: Provided further,

23 That when adequate domestic supplies are not available

24 to meet Department of Defense requirements on a timely

25 basis, the Secretary of the service responsible for the pro-
51

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1 curement may waive this restriction on a case-by-case

2 basis by certifying in writing to the Committees on Appro3 priations that such an acquisition must be made in order

4 to acquire capability for national security purposes.

5 SEC. 8017. None of the funds appropriated by this

6 Act available for the Civilian Health and Medical Program

7 of the Uniformed Services (CHAMPUS) shall be available

8 for the reimbursement of any health care provider for in9 patient mental health service for care received when a pa10 tient is referred to a provider of inpatient mental health

11 care or residential treatment care by a medical or health

12 care professional having an economic interest in the facil13 ity to which the patient is referred: Provided, That this

14 limitation does not apply in the case of inpatient mental

15 health services provided under the program for the handi16 capped under subsection (d) of section 1079 of title 10,

17 United States Code, provided as partial hospital care, or

18 provided pursuant to a waiver authorized by the Secretary

19 of Defense because of medical or psychological cir20 cumstances of the patient that are confirmed by a health

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

22 pursuant to rules prescribed by the Secretary, which takes

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

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

25 availability of that care.
52

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1 SEC. 8018. Funds available in this Act may be used

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

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

4 the Vietnam era to an annual meeting in the United

5 States, under such regulations as the Secretary of Defense

6 may prescribe.

7 SEC. 8019. Notwithstanding any other provision of

8 law, during the current fiscal year, the Secretary of De9 fense may, by executive agreement, establish with host na10 tion governments in NATO member states a separate ac11 count into which such residual value amounts negotiated

12 in the return of United States military installations in

13 NATO member states may be deposited, in the currency

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

15 the United States Treasury: Provided, That such credits

16 may be utilized only for the construction of facilities to

17 support United States military forces in that host nation,

18 or such real property maintenance and base operating

19 costs that are currently executed through monetary trans20 fers to such host nations: Provided further, That the De21 partment of Defense’s budget submission for fiscal year

22 2000 shall identify such sums anticipated in residual value

23 settlements, and identify such construction, real property

24 maintenance or base operating costs that shall be funded

25 by the host nation through such credits: Provided further,
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1 That all military construction projects to be executed from

2 such accounts must be previously approved in a prior Act

3 of Congress: Provided further, That each such executive

4 agreement with a NATO member host nation shall be re5 ported to the congressional defense committees, the Com6 mittee on International Relations of the House of Rep7 resentatives and the Committee on Foreign Relations of

8 the Senate 30 days prior to the conclusion and endorse9 ment of any such agreement established under this provi10 sion.

11 SEC. 8020. None of the funds available to the De12 partment of Defense may be used to demilitarize or dis13 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,

14 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols.

15 SEC. 8021. Notwithstanding any other provision of

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

17 available to pay more than 50 per centum of an amount

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

19 States Code, in a lump sum.

20 SEC. 8022. A member of a reserve component whose

21 unit or whose residence is located in a State which is not

22 contiguous with another State is authorized to travel in

23 a space required status on aircraft of the Armed Forces

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

25 of duty in lieu of unit training assembly, when there is
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1 no road or railroad transportation (or combination of road

2 and railroad transportation between those locations): Pro3 vided, That a member traveling in that status on a mili4 tary aircraft pursuant to the authority provided in this

5 section is not authorized to receive travel, transportation,

6 or per diem allowances in connection with that travel.

7 SEC. 8023. In addition to funds provided elsewhere

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

9 payments authorized by section 504 of the Indian Financ10 ing Act of 1974, 25 U.S.C. 1544: Provided, That these

11 payments shall be available only to contractors which have

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

13 637(d), and according to regulations which shall be pro14 mulgated by the Secretary of Defense within 90 days of

15 the passage of this Act: Provided further, That contractors

16 participating in the test program established by section

17 854 of Public Law 101–189 (15 U.S.C. 637 note) shall

18 be eligible for the program established by section 504 of

19 the Indian Financing Act of 1974 (25 U.S.C. 1544).

20 SEC. 8024. During the current fiscal year, funds ap21 propriated or otherwise available for any Federal agency,

22 the Congress, the judicial branch, or the District of Co23 lumbia may be used for the pay, allowances, and benefits

24 of an employee as defined by section 2105 of title 5,

25 United States Code, or an individual employed by the gov-
55

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1 ernment of the District of Columbia, permanent or tem2 porary indefinite, who—

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

4 Armed Forces, as described in section 10101 of title

5 10, United States Code, or the National Guard, as

6 described in section 101 of title 32;

7 (2) performs, for the purpose of providing mili8 tary aid to enforce the law or providing assistance

9 to civil authorities in the protection or saving of life

10 or property or prevention of injury—

11 (A) Federal service under sections 331,

12 332, 333, or 12406 of title 10, or other provi13 sion of law, as applicable; or

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

15 State, the District of Columbia, the Common16 wealth of Puerto Rico, or a territory of the

17 United States; and

18 (3) requests and is granted—

19 (A) leave under the authority of this sec20 tion; or

21 (B) annual leave, which may be granted

22 without regard to the provisions of sections

23 5519 and 6323(b) of title 5, if such employee

24 is otherwise entitled to such annual leave:
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1 Provided, That any employee who requests leave under

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

3 of this section is entitled to such leave, subject to the pro4 visions of this section and of the last sentence of section

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

6 under section 6323(b) of title 5.

7 SEC. 8025. None of the funds appropriated by this

8 Act shall be available to perform any cost study pursuant

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

10 performed exceeds a period of 24 months after initiation

11 of such study with respect to a single function activity or

12 48 months after initiation of such study for a multi-func13 tion activity.

14 SEC. 8026. Funds appropriated by this Act for the

15 American Forces Information Service shall not be used for

16 any national or international political or psychological ac17 tivities.

18 SEC. 8027. Notwithstanding any other provision of

19 law or regulation, the Secretary of Defense may adjust

20 wage rates for civilian employees hired for certain health

21 care occupations as authorized for the Secretary of Veter22 ans Affairs by section 7455 of title 38, United States

23 Code.

24 SEC. 8028. None of the funds appropriated or made

25 available in this Act shall be used to reduce or disestablish
57

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1 the operation of the 53rd Weather Reconnaissance Squad2 ron of the Air Force Reserve, if such action would reduce

3 the WC–130 Weather Reconnaissance mission below the

4 levels funded in this Act.

5 SEC. 8029. (a) Of the funds for the procurement of

6 supplies or services appropriated by this Act, qualified

7 nonprofit agencies for the blind or other severely handi8 capped shall be afforded the maximum practicable oppor9 tunity to participate as subcontractors and suppliers in the

10 performance of contracts let by the Department of De11 fense.

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

13 which has negotiated with a military service or defense

14 agency a subcontracting plan for the participation by

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

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

17 credit toward meeting that subcontracting goal for any

18 purchases made from qualified nonprofit agencies for the

19 blind or other severely handicapped.

20 (c) For the purpose of this section, the phrase ‘‘quali21 fied nonprofit agency for the blind or other severely handi22 capped’’ means a nonprofit agency for the blind or other

23 severely handicapped that has been approved by the Com24 mittee for the Purchase from the Blind and Other Severely
58

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

2 U.S.C. 46–48).

3 SEC. 8030. During the current fiscal year, net re4 ceipts pursuant to collections from third party payers pur5 suant to section 1095 of title 10, United States Code, shall

6 be made available to the local facility of the uniformed

7 services responsible for the collections and shall be over

8 and above the facility’s direct budget amount.

9 SEC. 8031. During the current fiscal year, the De10 partment of Defense is authorized to incur obligations of

11 not to exceed $350,000,000 for purposes specified in sec12 tion 2350j(c) of title 10, United States Code, in anticipa13 tion of receipt of contributions, only from the Government

14 of Kuwait, under that section: Provided, That, upon re15 ceipt, such contributions from the Government of Kuwait

16 shall be credited to the appropriations or fund which in17 curred such obligations.

18 SEC. 8032. Of the funds made available in this Act,

19 not less than $23,964,000 shall be available for the Civil

20 Air Patrol, of which $20,654,000 shall be available for op21 eration and maintenance.

22 SEC. 8033. (a) None of the funds appropriated in this

23 Act are available to establish a new Department of De24 fense (department) federally funded research and develop25 ment center (FFRDC), either as a new entity, or as a
59

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1 separate entity administrated by an organization manag2 ing another FFRDC, or as a nonprofit membership cor3 poration consisting of a consortium of other FFRDCs and

4 other non-profit entities.

5 (b) LIMITATION ON COMPENSATION—FEDERALLY

6 FUNDED RESEARCH AND DEVELOPMENT CENTER

7 (FFRDC).—No member of a Board of Directors, Trust8 ees, Overseers, Advisory Group, Special Issues Panel, Vis9 iting Committee, or any similar entity of a defense

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

11 except when acting in a technical advisory capacity, may

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

13 such entity, or as a paid consultant by more than one

14 FFRDC in a fiscal year: Provided, That a member of any

15 such entity referred to previously in this subsection shall

16 be allowed travel expenses and per diem as authorized

17 under the Federal Joint Travel Regulations, when en18 gaged in the performance of membership duties.

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

20 of the funds available to the department from any source

21 during fiscal year 1999 may be used by a defense FFRDC,

22 through a fee or other payment mechanism, for construc23 tion of new buildings, for payment of cost sharing for

24 projects funded by government grants, for absorption of

25 contract overruns, or for certain charitable contributions,
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1 not to include employee participation in community service

2 and/or development.

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

4 the funds available to the department during fiscal year

5 1999, 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) Within 60 days after enactment of this Act, the

11 Secretary of Defense shall submit to the congressional de12 fense committees a report presenting the specific amounts

13 of staff years of technical effort to be allocated by the de14 partment for each defense FFRDC during fiscal year

15 1999: Provided, That, after the submission of the report

16 required by this subsection, the department may not re17 allocate more than five per centum of an FFRDC’s staff

18 years among other defense FFRDCs until 30 days after

19 a detailed justification for any such reallocation is submit20 ted to the congressional defense committees.

21 (f) The Secretary of Defense shall, with the submis22 sion of the department’s fiscal year 2000 budget request,

23 submit a report presenting the specific amounts of staff

24 years of technical effort to be allocated for each defense

25 FFRDC during that fiscal year.
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1 SEC. 8034. None of the funds appropriated or made

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

3 or armor steel plate for use in any Government-owned fa4 cility or property under the control of the Department of

5 Defense which were not melted and rolled in the United

6 States or Canada: Provided, That these procurement re7 strictions shall apply to any and all Federal Supply Class

8 9515, American Society of Testing and Materials (ASTM)

9 or American Iron and Steel Institute (AISI) specifications

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

11 That the Secretary of the military department responsible

12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees

14 on Appropriations of the House of Representatives and the

15 Senate that adequate domestic supplies are not available

16 to meet Department of Defense requirements on a timely

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

18 to acquire capability for national security purposes: Pro19 vided further, That these restrictions shall not apply to

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

21 of this Act.

22 SEC. 8035. For the purposes of this Act, the term

23 ‘‘congressional defense committees’’ means the National

24 Security Committee of the House of Representatives, the

25 Armed Services Committee of the Senate, the Subcommit-
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1 tee on Defense of the Committee on Appropriations of the

2 Senate, and the Subcommittee on National Security of the

3 Committee on Appropriations of the House of Representa4 tives.

5 SEC. 8036. During the current fiscal year, the De6 partment of Defense may acquire the modification, depot

7 maintenance and repair of aircraft, vehicles and vessels

8 as well as the production of components and other De9 fense-related articles, through competition between De10 partment of Defense depot maintenance activities and pri11 vate firms: Provided, That the Senior Acquisition Execu12 tive of the military department or defense agency con13 cerned, with power of delegation, shall certify that success14 ful bids include comparable estimates of all direct and in15 direct costs for both public and private bids: Provided fur16 ther, That Office of Management and Budget Circular A–

17 76 shall not apply to competitions conducted under this

18 section.

19 SEC. 8037. (a)(1) If the Secretary of Defense, after

20 consultation with the United States Trade Representative,

21 determines that a foreign country which is party to an

22 agreement described in paragraph (2) has violated the

23 terms of the agreement by discriminating against certain

24 types of products produced in the United States that are

25 covered by the agreement, the Secretary of Defense shall
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1 rescind the Secretary’s blanket waiver of the Buy Amer2 ican Act with respect to such types of products produced

3 in that foreign country.

4 (2) An agreement referred to in paragraph (1) is any

5 reciprocal defense procurement memorandum of under6 standing, between the United States and a foreign country

7 pursuant to which the Secretary of Defense has prospec8 tively waived the Buy American Act for certain products

9 in that country.

10 (b) The Secretary of Defense shall submit to Con11 gress a report on the amount of Department of Defense

12 purchases from foreign entities in fiscal year 1999. Such

13 report shall separately indicate the dollar value of items

14 for which the Buy American Act was waived pursuant to

15 any agreement described in subsection (a)(2), the Trade

16 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

17 international agreement to which the United States is a

18 party.

19 (c) For purposes of this section, the term ‘‘Buy

20 American Act’’ means title III of the Act entitled ‘‘An Act

21 making appropriations for the Treasury and Post Office

22 Departments for the fiscal year ending June 30, 1934,

23 and for other purposes’’, approved March 3, 1933 (41

24 U.S.C. 10a et seq.).
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1 SEC. 8038. Appropriations contained in this Act that

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

3 a result of energy cost savings realized by the Department

4 of Defense shall remain available for obligation for the

5 next fiscal year to the extent, and for the purposes, pro6 vided in section 2865 of title 10, United States Code.

7 SEC. 8039. During the current fiscal year, appropria8 tions available to the Department of Defense may be used

9 to reimburse a member of a reserve component of the

10 Armed Forces who is not otherwise entitled to travel and

11 transportation allowances and who occupies transient gov12 ernment housing while performing active duty for training

13 or inactive duty training: Provided, That such members

14 may be provided lodging in kind if transient government

15 quarters are unavailable as if the member was entitled to

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

17 37, United States Code: Provided further, That if lodging

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

19 of such lodging may be paid directly from funds appro20 priated for operation and maintenance of the reserve com21 ponent of the member concerned.

22 SEC. 8040. The President shall include with each

23 budget for a fiscal year submitted to the Congress under

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

25 that shall identify clearly and separately the amounts re-
65

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1 quested in the budget for appropriation for that fiscal year

2 for salaries and expenses related to administrative activi3 ties of the Department of Defense, the military depart4 ments, and the Defense Agencies.

5 SEC. 8041. Notwithstanding any other provision of

6 law, funds available for ‘‘Drug Interdiction and Counter7 Drug Activities, Defense’’ may be obligated for the Young

8 Marines program.

9 SEC. 8042. During the current fiscal year, amounts

10 contained in the Department of Defense Overseas Military

11 Facility Investment Recovery Account established by sec12 tion 2921(c)(1) of the National Defense Authorization Act

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

14 be available until expended for the payments specified by

15 section 2921(c)(2) of that Act: Provided, That none of the

16 funds made available for expenditure under this section

17 may be transferred or obligated until thirty days after the

18 Secretary of Defense submits a report which details the

19 balance available in the Overseas Military Facility Invest20 ment Recovery Account, all projected income into the ac21 count during fiscal years 1999 and 2000, and the specific

22 expenditures to be made using funds transferred from this

23 account during fiscal year 1999.

24 SEC. 8043. Of the funds appropriated or otherwise

25 made available by this Act, not more than $119,200,000
66

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1 shall be available for payment of the operating costs of

2 NATO Headquarters: Provided, That the Secretary of De3 fense may waive this section for Department of Defense

4 support provided to NATO forces in and around the

5 former Yugoslavia.

6 SEC. 8044. During the current fiscal year, appropria7 tions which are available to the Department of Defense

8 for operation and maintenance may be used to purchase

9 items having an investment item unit cost of not more

10 than $100,000.

11 SEC. 8045. (a) During the current fiscal year, none

12 of the appropriations or funds available to the Department

13 of Defense Working Capital Funds shall be used for the

14 purchase of an investment item for the purpose of acquir15 ing a new inventory item for sale or anticipated sale dur16 ing the current fiscal year or a subsequent fiscal year to

17 customers of the Department of Defense Working Capital

18 Funds if such an item would not have been chargeable

19 to the Department of Defense Business Operations Fund

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

21 investment item would be chargeable during the current

22 fiscal year to appropriations made to the Department of

23 Defense for procurement.

24 (b) The fiscal year 2000 budget request for the De25 partment of Defense as well as all justification material
67

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1 and other documentation supporting the fiscal year 2000

2 Department of Defense budget shall be prepared and sub3 mitted to the Congress on the basis that any equipment

4 which was classified as an end item and funded in a pro5 curement appropriation contained in this Act shall be

6 budgeted for in a proposed fiscal year 2000 procurement

7 appropriation and not in the supply management business

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

9 Defense Working Capital Funds.

10 SEC. 8046. None of the funds provided in this Act

11 and hereafter shall be available for use by a military de12 partment to modify an aircraft, weapon, ship or other item

13 of equipment, that the military department concerned

14 plans to retire or otherwise dispose of within 5 years after

15 completion of the modification: Provided, That this prohi16 bition shall not apply to safety modifications: Provided fur17 ther, That this prohibition may be waived by the Secretary

18 of a military department if the Secretary determines it is

19 in the best national security interest of the United States

20 to provide such waiver and so notifies the congressional

21 defense committees in writing.

22 SEC. 8047. None of the funds appropriated by this

23 Act for programs of the Central Intelligence Agency shall

24 remain available for obligation beyond the current fiscal

25 year, except for funds appropriated for the Reserve for
68

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1 Contingencies, which shall remain available until Septem2 ber 30, 2000: Provided, That funds appropriated, trans3 ferred or otherwise credited to the Central Intelligence

4 Agency Central Services Working Capital Fund during

5 this or any prior or subsequent fiscal year shall remain

6 available until expended.

7 SEC. 8048. Notwithstanding any other provision of

8 law, funds made available in this Act for the Defense In9 telligence Agency may be used for the design, develop10 ment, and deployment of General Defense Intelligence

11 Program intelligence communications and intelligence in12 formation systems for the Services, the Unified and Speci13 fied Commands, and the component commands.

14 SEC. 8049. Of the funds appropriated by the Depart15 ment of Defense under the heading ‘‘OPERATION AND

16 MAINTENANCE, DEFENSE-WIDE’’, not less than

17 $8,000,000 shall be made available only for the mitigation

18 of environmental impacts, including training and technical

19 assistance to tribes, related administrative support, the

20 gathering of information, documenting of environmental

21 damage, and developing a system for prioritization of miti22 gation and cost to complete estimates for mitigation, on

23 Indian lands resulting from Department of Defense activi24 ties.
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1 SEC. 8050. Amounts collected for the use of the fa2 cilities of the National Science Center for Communications

3 and Electronics during the current fiscal year pursuant

4 to section 1459(g) of the Department of Defense Author5 ization Act, 1986, and deposited to the special account es6 tablished under subsection 1459(g)(2) of that Act are ap7 propriated and shall be available until expended for the

8 operation and maintenance of the Center as provided for

9 in subsection 1459(g)(2).

10 SEC. 8051. None of the funds appropriated in this

11 Act may be used to fill the commander’s position at any

12 military medical facility with a health care professional

13 unless the prospective candidate can demonstrate profes14 sional administrative skills.

15 SEC. 8052. (a) None of the funds appropriated in this

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

17 Defense unless the entity, in expending the funds, com18 plies with the Buy American Act. For purposes of this

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

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

21 Treasury and Post Office Departments for the fiscal year

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

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

24 (b) If the Secretary of Defense determines that a per25 son has been convicted of intentionally affixing a label
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1 bearing a ‘‘Made in America’’ inscription to any product

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

3 in America, the Secretary shall determine, in accordance

4 with section 2410f of title 10, United States Code, wheth5 er the person should be debarred from contracting with

6 the Department of Defense.

7 (c) In the case of any equipment or products pur8 chased with appropriations provided under this Act, it is

9 the sense of the Congress that any entity of the Depart10 ment of Defense, in expending the appropriation, purchase

11 only American-made equipment and products, provided

12 that American-made equipment and products are cost13 competitive, quality-competitive, and available in a timely

14 fashion.

15 SEC. 8053. None of the funds appropriated by this

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

17 or consulting services entered into without competition on

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

19 activity responsible for the procurement determines—

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

21 only one source is found fully qualified to perform

22 the proposed work; or

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

24 unsolicited proposal which offers significant sci25 entific or technological promise, represents the prod-
71

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1 uct of original thinking, and was submitted in con2 fidence by one source; or

3 (3) the purpose of the contract is to take ad4 vantage of unique and significant industrial accom5 plishment by a specific concern, or to insure that a

6 new product or idea of a specific concern is given fi7 nancial support:

8 Provided, That this limitation shall not apply to contracts

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

10 improvements of equipment that is in development or pro11 duction, or contracts as to which a civilian official of the

12 Department of Defense, who has been confirmed by the

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

14 the interest of the national defense.

15 SEC. 8054. (a) Except as provided in subsections (b)

16 and (c), none of the funds made available by this Act may

17 be used—

18 (1) to establish a field operating agency; or

19 (2) to pay the basic pay of a member of the

20 Armed Forces or civilian employee of the depart21 ment who is transferred or reassigned from a head22 quarters activity if the member or employee’s place

23 of duty remains at the location of that headquarters.

24 (b) The Secretary of Defense or Secretary of a mili25 tary department may waive the limitations in subsection
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1 (a), on a case-by-case basis, if the Secretary determines,

2 and certifies to the Committees on Appropriations of the

3 House of Representatives and Senate that the granting

4 of the waiver will reduce the personnel requirements or

5 the financial requirements of the department.

6 (c) This section does not apply to field operating

7 agencies funded within the National Foreign Intelligence

8 Program.

9 SEC. 8055. Funds appropriated by this Act for intel10 ligence activities are deemed to be specifically authorized

11 by the Congress for purposes of section 504 of the Na12 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

13 year 1999 until the enactment of the Intelligence Author14 ization Act for Fiscal Year 1999.

15 SEC. 8056. Notwithstanding section 303 of Public

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

17 of the Navy is authorized to lease real and personal prop18 erty at Naval Air Facility, Adak, Alaska, pursuant to 10

19 U.S.C. 2667(f), for commercial, industrial or other pur20 poses: Provided, That notwithstanding any other provision

21 of law, the Secretary of the Navy may remove hazardous

22 materials from facilities, buildings, and structures at

23 Adak, Alaska, and may demolish or otherwise dispose of

24 such facilities, buildings, and structures.
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1 (RESCISSIONS)

2 SEC. 8057. 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 ‘‘Shipbuilding and Conversion, Navy, 1998/

7 2002’’, $25,000,000;

8 ‘‘Other Procurement, Army, 1998/2000’’,

9 $24,000,000;

10 ‘‘Aircraft Procurement, Air Force, 1998/2000’’,

11 $10,800,000; and

12 ‘‘Research, Development, Test and Evaluation,

13 Defense-Wide, 1997/1998’’, $10,000,000.

14 SEC. 8058. None of the funds available in this Act

15 may be used to reduce the authorized positions for mili16 tary (civilian) technicians of the Army National Guard,

17 the Air National Guard, Army Reserve and Air Force Re18 serve for the purpose of applying any administratively im19 posed civilian personnel ceiling, freeze, or reduction on

20 military (civilian) technicians, unless such reductions are

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

22 SEC. 8059. None of the funds appropriated or other23 wise made available in this Act may be obligated or ex24 pended for assistance to the Democratic People’s Republic
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1 of North Korea unless specifically appropriated for that

2 purpose.

3 SEC. 8060. During the current fiscal year, funds ap4 propriated in this Act are available to compensate mem5 bers of the National Guard for duty performed pursuant

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

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

8 United States Code: Provided, That during the perform9 ance of such duty, the members of the National Guard

10 shall be under State command and control: Provided fur11 ther, That such duty shall be treated as full-time National

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

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

14 SEC. 8061. Funds appropriated in this Act for oper15 ation and maintenance of the Military Departments, Uni16 fied and Specified Commands and Defense Agencies shall

17 be available for reimbursement of pay, allowances and

18 other expenses which would otherwise be incurred against

19 appropriations for the National Guard and Reserve when

20 members of the National Guard and Reserve provide intel21 ligence support to Unified Commands, Defense Agencies

22 and Joint Intelligence Activities, including the activities

23 and programs included within the National Foreign Intel24 ligence Program (NFIP), the Joint Military Intelligence

25 Program (JMIP) and the Tactical Intelligence and Relat-
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1 ed Activities (TIARA) aggregate: Provided, That nothing

2 in this section authorizes deviation from established Re3 serve and National Guard personnel and training proce4 dures.

5 SEC. 8062. During the current fiscal year, none of

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

7 the civilian medical and medical support personnel as8 signed to military treatment facilities below the September

9 30, 1997 level: Provided, That the Service Surgeons Gen10 eral may waive this section by certifying to the congres11 sional defense committees that the beneficiary population

12 is declining in some catchment areas and civilian strength

13 reductions may be consistent with responsible resource

14 stewardship and capitation-based budgeting.

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8063. 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 SEC. 8064. (a) None of the funds available to the

24 Department of Defense for any fiscal year for drug inter25 diction or counter-drug activities may be transferred to
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1 any other department or agency of the United States ex2 cept as specifically provided in an appropriations law.

3 (b) None of the funds available to the Central Intel4 ligence Agency for any fiscal year for drug interdiction

5 and counter-drug activities may be transferred to any

6 other department or agency of the United States except

7 as specifically provided in an appropriations law.

8 (TRANSFER OF FUNDS)

9 SEC. 8065. Appropriations available in this Act under

10 the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE11 WIDE’’ for increasing energy and water efficiency in Fed12 eral buildings may, during their period of availability, be

13 transferred to other appropriations or funds of the De14 partment of Defense for projects related to increasing en15 ergy and water efficiency, to be merged with and to be

16 available for the same general purposes, and for the same

17 time period, as the appropriation or fund to which trans18 ferred.

19 SEC. 8066. None of the funds appropriated by this

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

21 bearings other than those produced by a domestic source

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

23 the military department responsible for such procurement

24 may waive this restriction on a case-by-case basis by cer25 tifying in writing to the Committees on Appropriations of

26 the House of Representatives and the Senate, that ade-
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1 quate domestic supplies are not available to meet Depart2 ment of Defense requirements on a timely basis and that

3 such an acquisition must be made in order to acquire ca4 pability for national security purposes.

5 SEC. 8067. Notwithstanding any other provision of

6 law, funds available to the Department of Defense shall

7 be made available to provide transportation of medical

8 supplies and equipment, on a nonreimbursable basis, to

9 American Samoa: Provided, That notwithstanding any

10 other provision of law, funds available to the Department

11 of Defense shall be made available to provide transpor12 tation of medical supplies and equipment, on a non13 reimbursable basis, to the Indian Health Service when it

14 is in conjunction with a civil-military project.

15 SEC. 8068. None of the funds in this Act may be

16 used to purchase any supercomputer which is not manu17 factured in the United States, unless the Secretary of De18 fense certifies to the congressional defense committees

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

20 capability for national security purposes that is not avail21 able from United States manufacturers.

22 SEC. 8069. Notwithstanding any other provision of

23 law, the Naval shipyards of the United States shall be eli24 gible to participate in any manufacturing extension pro-
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1 gram financed by funds appropriated in this or any other

2 Act.

3 SEC. 8070. Notwithstanding any other provision of

4 law, each contract awarded by the Department of Defense

5 during the current fiscal year for construction or service

6 performed in whole or in part in a State which is not con7 tiguous with another State and has an unemployment rate

8 in excess of the national average rate of unemployment

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

10 provision requiring the contractor to employ, for the pur11 pose of performing that portion of the contract in such

12 State that is not contiguous with another State, individ13 uals who are residents of such State and who, in the case

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

15 promptly the necessary skills: Provided, That the Sec16 retary of Defense may waive the requirements of this sec17 tion, on a case-by-case basis, in the interest of national

18 security.

19 SEC. 8071. (a) The Secretary of Defense shall sub20 mit, on a quarterly basis, a report to the congressional

21 defense committees, the Committee on International Rela22 tions of the House of Representatives and the Committee

23 on Foreign Relations of the Senate setting forth all costs

24 (including incremental costs) incurred by the Department

25 of Defense during the preceding quarter in implementing
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1 or supporting resolutions of the United Nations Security

2 Council, including any such resolution calling for inter3 national sanctions, international peacekeeping operations,

4 and humanitarian missions undertaken by the Depart5 ment of Defense. The quarterly report shall include an ag6 gregate of all such Department of Defense costs by oper7 ation or mission.

8 (b) The Secretary of Defense shall detail in the quar9 terly reports all efforts made to seek credit against past

10 United Nations expenditures and all efforts made to seek

11 compensation from the United Nations for costs incurred

12 by the Department of Defense in implementing and sup13 porting United Nations activities.

14 SEC. 8072. (a) LIMITATION ON TRANSFER OF DE15 FENSE ARTICLES AND SERVICES.—Notwithstanding any

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

17 Department of Defense for the current fiscal year may be

18 obligated or expended to transfer to another nation or an

19 international organization any defense articles or services

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

21 described in subsection (b) unless the congressional de22 fense committees, the Committee on International Rela23 tions of the House of Representatives, and the Committee

24 on Foreign Relations of the Senate are notified 15 days

25 in advance of such transfer.
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1 (b) COVERED ACTIVITIES.—This section applies to—

2 (1) any international peacekeeping or peace-en3 forcement operation under the authority of chapter

4 VI or chapter VII of the United Nations Charter

5 under the authority of a United Nations Security

6 Council resolution; and

7 (2) any other international peacekeeping, peace8 enforcement, or humanitarian assistance operation.

9 (c) REQUIRED NOTICE.—A notice under subsection

10 (a) shall include the following:

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

12 services to be transferred.

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

14 supplies, or services to be transferred.

15 (3) In the case of a proposed transfer of equip16 ment or supplies—

17 (A) a statement of whether the inventory

18 requirements of all elements of the Armed

19 Forces (including the reserve components) for

20 the type of equipment or supplies to be trans21 ferred have been met; and

22 (B) a statement of whether the items pro23 posed to be transferred will have to be replaced

24 and, if so, how the President proposes to pro25 vide funds for such replacement.
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1 SEC. 8073. To the extent authorized by subchapter

2 VI of chapter 148 of title 10, United States Code, the

3 Secretary of Defense shall issue loan guarantees in sup4 port of United States defense exports not otherwise pro5 vided for: Provided, That the total contingent liability of

6 the United States for guarantees issued under the author7 ity of this section may not exceed $15,000,000,000: Pro8 vided further, That the exposure fees charged and collected

9 by the Secretary for each guarantee, shall be paid by the

10 country involved and shall not be financed as part of a

11 loan guaranteed by the United States: Provided further,

12 That the Secretary shall provide quarterly reports to the

13 Committees on Appropriations, Armed Services and For14 eign Relations of the Senate and the Committees on Ap15 propriations, National Security and International Rela16 tions in the House of Representatives on the implementa17 tion of this program: Provided further, That amounts

18 charged for administrative fees and deposited to the spe19 cial account provided for under section 2540c(d) of title

20 10, shall be available for paying the costs of administrative

21 expenses of the Department of Defense that are attrib22 utable to the loan guarantee program under subchapter

23 VI of chapter 148 of title 10.

24 SEC. 8074. None of the funds available to the De25 partment of Defense shall be obligated or expended to
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1 make a financial contribution to the United Nations for

2 the cost of an United Nations peacekeeping activity

3 (whether pursuant to assessment or a voluntary contribu4 tion) or for payment of any United States arrearage to

5 the United Nations.

6 SEC. 8075. None of the funds available to the De7 partment of Defense under this Act shall be obligated or

8 expended to pay a contractor under a contract with the

9 Department of Defense for costs of any amount paid by

10 the contractor to an employee when—

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

12 excess of the normal salary paid by the contractor

13 to the employee; and

14 (2) such bonus is part of restructuring costs as15 sociated with a business combination.

16 SEC. 8076. (a) None of the funds appropriated or

17 otherwise made available in this Act may be used to trans18 port or provide for the transportation of chemical muni19 tions or agents to the Johnston Atoll for the purpose of

20 storing or demilitarizing such munitions or agents.

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

22 to any obsolete World War II chemical munition or agent

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

24 Theater of Operations.
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1 (c) The President may suspend the application of

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

3 States is a party.

4 SEC. 8077. None of the funds provided in title II of

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

6 may be obligated or expended to finance housing for any

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

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

9 of the military forces of the Russian Federation.

10 SEC. 8078. During the current fiscal year, no more

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

12 under the heading ‘‘OPERATION AND MAINTENANCE, DE13 FENSE-WIDE’’ may be transferred to appropriations avail14 able for the pay of military personnel, to be merged with,

15 and to be available for the same time period as the appro16 priations to which transferred, to be used in support of

17 such personnel in connection with support and services for

18 eligible organizations and activities outside the Depart19 ment of Defense pursuant to section 2012 of title 10,

20 United States Code.

21 SEC. 8079. For purposes of section 1553(b) of title

22 31, United States Code, any subdivision of appropriations

23 made in this Act under the heading ‘‘SHIPBUILDING AND

24 CONVERSION, NAVY’’ shall be considered to be for the

25 same purpose as any subdivision under the heading
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1 ‘‘SHIPBUILDING AND CONVERSION, NAVY’’ appropriations

2 in any prior year, and the 1 percent limitation shall apply

3 to the total amount of the appropriation.

4 SEC. 8080. During the current fiscal year, in the case

5 of an appropriation account of the Department of Defense

6 for which the period of availability for obligation has ex7 pired or which has closed under the provisions of section

8 1552 of title 31, United States Code, and which has a

9 negative unliquidated or unexpended balance, an obliga10 tion or an adjustment of an obligation may be charged

11 to any current appropriation account for the same purpose

12 as the expired or closed account if—

13 (1) the obligation would have been properly

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

15 closed account before the end of the period of avail16 ability or closing of that account;

17 (2) the obligation is not otherwise properly

18 chargeable to any current appropriation account of

19 the Department of Defense; and

20 (3) in the case of an expired account, the obli21 gation is not chargeable to a current appropriation

22 of the Department of Defense under the provisions

23 of section 1405(b)(8) of the National Defense Au24 thorization Act for Fiscal Year 1991, Public Law

25 101–510, as amended (31 U.S.C. 1551 note): Pro-
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1 vided, That in the case of an expired account, if sub2 sequent review or investigation discloses that there

3 was not in fact a negative unliquidated or unex4 pended balance in the account, any charge to a cur5 rent account under the authority of this section shall

6 be reversed and recorded against the expired ac7 count: Provided further, That the total amount

8 charged to a current appropriation under this sec9 tion may not exceed an amount equal to 1 percent

10 of the total appropriation for that account.

11 (TRANSFER OF FUNDS)

12 SEC. 8081. Upon enactment of this Act, the Sec13 retary of Defense shall make the following transfers of

14 funds: Provided, That the amounts transferred shall be

15 available for the same purposes as the appropriations to

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

17 appropriation from which transferred: Provided further,

18 That the amounts shall be transferred between the follow19 ing appropriations in the amount specified:

20 From:

21 Under the heading, ‘‘Shipbuilding and

22 Conversion, Navy, 1991/2001’’:

23 DDG–51 destroyer program,

24 $1,500,000;

25 LHD–1 amphibious assault ship pro26 gram, $7,500,000;
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1 LSD–41 cargo variant ship program,

2 $1,227,000;

3 LCAC landing craft, air cushioned

4 program, $392,000;

5 MHC coastal minehunter program,

6 $2,400,000;

7 To:

8 Under the heading, ‘‘Shipbuilding and

9 Conversion, Navy, 1991/2001’’:

10 SSN–21 attack submarine program,

11 $13,019,000;

12 From:

13 Under the heading, ‘‘Shipbuilding and

14 Conversion, Navy, 1994/1998’’:

15 LHD–1 amphibious assault ship pro16 gram, $5,729,000;

17 To:

18 Under the heading, ‘‘Shipbuilding and

19 Conversion, Navy, 1994/1998’’:

20 MCS(C) mine warfare command and

21 control ship program, $5,729,000;

22 From:

23 Under the heading, ‘‘Shipbuilding and

24 Conversion, Navy, 1996/2000’’:
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1 SSN–21 attack submarine program,

2 $26,526,000;

3 To:

4 Under the heading, ‘‘Shipbuilding and

5 Conversion, Navy, 1991/2001’’:

6 SSN–21 attack submarine program,

7 $16,967,000;

8 Under the heading, ‘‘Shipbuilding and

9 Conversion, Navy, 1995/2001’’:

10 Carrier replacement program,

11 $8,007,000;

12 Under the heading, ‘‘Shipbuilding and

13 Conversion, Navy, 1996/2000’’:

14 Fast Patrol craft program, $345,000;

15 Under the heading, ‘‘Shipbuilding and

16 Conversion, Navy, 1997/2000’’:

17 AGOR SWATH oceanographic re18 search program, $1,207,000;

19 From:

20 Under the heading, ‘‘Shipbuilding and

21 Conversion, Navy, 1996/2000’’:

22 LHD–1 amphibious assault ship pro23 gram, $3,400,000;

24 To:
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1 Under the heading, ‘‘Shipbuilding and

2 Conversion, Navy, 1995/2001’’:

3 Carrier replacement program,

4 $3,400,000;

5 From:

6 Under the heading, ‘‘Shipbuilding and

7 Conversion, Navy, 1998/2002’’:

8 CVN Refuelings, $14,791,000;

9 To:

10 Under the heading, ‘‘Shipbuilding and

11 Conversion, Navy, 1995/2001’’:

12 Carrier replacement program,

13 $14,791,000;

14 From:

15 Under the heading, ‘‘Shipbuilding and

16 Conversion, Navy, 1998/2002’’:

17 DDG–51(AP) destroyer program,

18 $9,009,000;

19 To:

20 Under the heading, ‘‘Shipbuilding and

21 Conversion, Navy, 1998/2002’’:

22 DDG–51 destroyer program,

23 $9,009,000.

24 SEC. 8082. The Under Secretary of Defense (Comp25 troller) shall submit to the congressional defense commit-
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1 tees by February 1, 1999, a detailed report identifying,

2 by amount and by separate budget activity, activity group,

3 subactivity group, line item, program element, program,

4 project, subproject, and activity, any activity for which the

5 fiscal year 2000 budget request was reduced because Con6 gress appropriated funds above the President’s budget re7 quest for that specific activity for fiscal year 1999.

8 SEC. 8083. Funds appropriated in title II of this Act

9 for supervision and administration costs for facilities

10 maintenance and repair, minor construction, or design

11 projects may be obligated at the time the reimbursable

12 order is accepted by the performing activity: Provided,

13 That for the purpose of this section, supervision and ad14 ministration costs includes all in-house Government cost.

15 SEC. 8084. The Secretary of Defense may waive re16 imbursement of the cost of conferences, seminars, courses

17 of instruction, or similar educational activities of the Asia18 Pacific Center for Security Studies for military officers

19 and civilian officials of foreign nations if the Secretary de20 termines that attendance by such personnel, without reim21 bursement, is in the national security interest of the

22 United States: Provided, That costs for which reimburse23 ment is waived pursuant to this subsection shall be paid

24 from appropriations available for the Asia-Pacific Center.
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1 SEC. 8085. (a) Notwithstanding any other provision

2 of law, the Chief of the National Guard Bureau may per3 mit the use of equipment of the National Guard Distance

4 Learning Project by any person or entity on a space-avail5 able, reimbursable basis. The Chief of the National Guard

6 Bureau shall establish the amount of reimbursement for

7 such use on a case-by-case basis.

8 (b) Amounts collected under subsection (a) shall be

9 credited to funds available for the National Guard Dis10 tance Learning Project and be available to defray the costs

11 associated with the use of equipment of the project under

12 that subsection. Such funds shall be available for such

13 purposes without fiscal year limitation.

14 SEC. 8086. During the current fiscal year, the

15 amounts which are necessary for the operation and main16 tenance of the Fisher Houses administered by the Depart17 ments of the Army, the Navy, and the Air Force are here18 by appropriated, to be derived from amounts which are

19 available in the applicable Fisher House trust fund estab20 lished under 10 U.S.C. 2221 for the Fisher Houses of

21 each such department.

22 SEC. 8087. During the current fiscal year, refunds

23 attributable to the use of the Government travel card by

24 military personnel and civilian employees of the Depart25 ment of Defense may be credited to operation and mainte-
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1 nance accounts of the Department of Defense which are

2 current when the refunds are received.

3 SEC. 8088. During the current fiscal year, not more

4 than a total of $60,000,000 in withdrawal credits may be

5 made by the Marine Corps Supply Management activity

6 group of the Navy Working Capital Fund, Department of

7 Defense Working Capital Funds, to the credit of current

8 applicable appropriations of a Department of Defense ac9 tivity in connection with the acquisition of critical low den10 sity repairables that are capitalized into the Navy Working

11 Capital Fund.

12 SEC. 8089. Notwithstanding 31 U.S.C. 3902, during

13 the current fiscal year interest penalties may be paid by

14 the Department of Defense from funds financing the oper15 ation of the military department or defense agency with

16 which the invoice or contract payment is associated.

17 SEC. 8090. At the time the President submits his

18 budget for fiscal year 2000, the Department of Defense

19 shall transmit to the congressional defense committees a

20 budget justification document for the active and reserve

21 Military Personnel accounts, to be known as the ‘‘M–1’’,

22 which shall identify, at the budget activity, activity group,

23 and subactivity group level, the amounts requested by the

24 President to be appropriated to the Department of De-
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1 fense for military personnel in any budget request, or

2 amended budget request, for fiscal year 2000.

3 SEC. 8091. During the current fiscal year, the Sec4 retary of Defense may award contracts for capital assets

5 having a development or acquisition cost of not less than

6 $100,000 of a Working Capital Fund in advance of the

7 availability of funds in the Working Capital Fund for

8 minor construction, automatic data processing equipment,

9 software, equipment, and other capital improvements.

10 SEC. 8092. None of the funds appropriated in title

11 IV of this Act may be used to procure end-items for deliv12 ery to military forces for operational training, operational

13 use or inventory requirements: Provided, That this restric14 tion does not apply to end-items used in development,

15 prototyping, and test activities preceding and leading to

16 acceptance for operational use: Provided further, That this

17 restriction does not apply to programs funded within the

18 National Foreign Intelligence Program: Provided further,

19 That the Secretary of Defense may waive this restriction

20 on a case-by-case basis by certifying in writing to the

21 Committees on Appropriations of the House of Represent22 atives and the Senate that it is in the national security

23 interest to do so.

24 SEC. 8093. The budget of the President for fiscal

25 year 2000 submitted to Congress pursuant to section 1105
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1 of title 31, United States Code, and each annual budget

2 request thereafter, shall include budget activity groups

3 (known as ‘‘subactivities’’) in the operation and mainte4 nance accounts of the military departments and other ap5 propriation accounts, as may be necessary, to separately

6 identify all costs incurred by the Department of Defense

7 to support the expansion of the North Atlantic Treaty Or8 ganization. The budget justification materials submitted

9 to Congress in support of the budget of the Department

10 of Defense for fiscal year 2000, and subsequent fiscal

11 years, shall provide complete, detailed estimates for the

12 incremental costs of such expansion.

13 SEC. 8094. (a) The Secretary of Defense may, on a

14 case-by-case basis, waive with respect to a foreign country

15 each limitation on the procurement of defense items from

16 foreign sources provided in law if the Secretary determines

17 that the application of the limitation with respect to that

18 country would invalidate cooperative programs entered

19 into between the Department of Defense and the foreign

20 country, or would invalidate reciprocal trade agreements

21 for the procurement of defense items entered into under

22 section 2531 of title 10, United States Code, and the

23 country does not discriminate against the same or similar

24 defense items produced in the United States for that coun25 try.
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1 (b) Subsection (a) applies with respect to—

2 (1) contracts and subcontracts entered into on

3 or after the date of the enactment of this Act; and

4 (2) options for the procurement of items that

5 are exercised after such date under contracts that

6 are entered into before such date if the option prices

7 are adjusted for any reason other than the applica8 tion of a waiver granted under subsection (a).

9 (c) Subsection (a) does not apply to a limitation re10 garding construction of warships, ball and roller bearings,

11 and clothing or textile materials as defined by section 11

12 (chapters 50–65) of the Harmonized Tariff Schedule and

13 products classified under headings 4010, 4202, 4203,

14 6401 through 6406, 6505, 7019, and 9404.

15 SEC. 8095. Notwithstanding 31 U.S.C. 1552(a), of

16 the funds provided in Department of Defense Appropria17 tions Acts, not more than the specified amounts from the

18 following accounts shall remain available for the payment

19 of satellite on-orbit incentive fees until the fees are paid:

20 Missile Procurement, Air Force, 1995/1997,

21 $20,978,000;

22 Missile Procurement, Air Force, 1996/1998,

23 $16,782,400.

24 SEC. 8096. During fiscal year 1999, advance billing

25 for services provided or work performed by the Working
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1 Capital Fund activities of the Department of the Air

2 Force in excess of $100,000,000 is prohibited.

3 SEC. 8097. Notwithstanding any other provision in

4 this Act, the total amount appropriated in title II is hereby

5 reduced by $150,000,000 to reflect savings resulting from

6 consolidations and personnel reductions as mandated in

7 the Defense Reform Initiative.

8 SEC. 8098. Notwithstanding any other provision in

9 this Act, the total amount appropriated in this Act is here10 by reduced by $400,600,000 to reflect savings from re11 vised economic assumptions, to be distributed as follows:

12 Operation and Maintenance, Army,

13 $24,000,000;

14 Operation and Maintenance, Navy,

15 $32,000,000;

16 Operation and Maintenance, Marine Corps,

17 $4,000,000;

18 Operation and Maintenance, Air Force,

19 $31,000,000;

20 Operation and Maintenance, Defense-Wide,

21 $17,600,000;

22 Operation and Maintenance, Army Reserve,

23 $2,000,000;

24 Operation and Maintenance, Navy Reserve,

25 $2,000,000;
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1 Operation and Maintenance, Air Force Reserve,

2 $2,000,000;

3 Operation and Maintenance, Army National

4 Guard, $4,000,000;

5 Operation and Maintenance, Air National

6 Guard, $4,000,000;

7 Drug Interdiction and Counter-Drug Activities,

8 Defense, $2,000,000;

9 Environmental Restoration, Army, $1,000,000;

10 Environmental Restoration, Navy, $1,000,000;

11 Environmental Restoration, Air Force,

12 $1,000,000;

13 Environmental Restoration, Defense-Wide,

14 $1,000,000;

15 Defense Health Program, $36,000,000;

16 Aircraft Procurement, Army, $4,000,000;

17 Missile Procurement, Army, $4,000,000;

18 Procurement of Weapons and Tracked Combat

19 Vehicles, Army, $4,000,000;

20 Procurement of Ammunition, Army,

21 $3,000,000;

22 Other Procurement, Army, $9,000,000;

23 Aircraft Procurement, Navy, $22,000,000;

24 Weapons Procurement, Navy, $4,000,000;
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1 Procurement of Ammunition, Navy and Marine

2 Corps, $1,000,000;

3 Shipbuilding and Conversion, Navy,

4 $18,000,000;

5 Other Procurement, Navy, $12,000,000;

6 Procurement, Marine Corps, $2,000,000;

7 Aircraft Procurement, Air Force, $23,000,000;

8 Missile Procurement, Air Force, $7,000,000;

9 Procurement of Ammunition, Air Force,

10 $1,000,000;

11 Other Procurement, Air Force, $17,500,000;

12 Procurement, Defense-Wide, $5,800,000;

13 Chemical Agents and Munitions Destruction,

14 Defense, $3,000,000;

15 Research, Development, Test and Evaluation,

16 Army, $10,000,000;

17 Research, Development, Test and Evaluation,

18 Navy, $20,000,000;

19 Research, Development, Test and Evaluation,

20 Air Force, $39,000,000; and

21 Research, Development, Test and Evaluation,

22 Defense-Wide, $26,700,000:

23 Provided, That these reductions shall be applied propor24 tionally to each budget activity, activity group and sub-
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1 activity group and each program, project, and activity

2 within each appropriation account.

3 SEC. 8099. Notwithstanding any other provision of

4 law, of the revenue collected by the Department of Defense

5 Working Capital Funds, such amounts as may be required

6 shall be made available for obligation and expenditure for

7 indemnification of the leasing entity or entities to accom8 plish the lease of aircraft engines for C–135-type aircraft:

9 Provided, That the funds made available pursuant to this

10 section shall remain available until expended.

11 SEC. 8100. (a) The Secretary of the Navy is hereby

12 authorized to transfer naval vessels on a sale or combined

13 lease-sale basis in accordance with the text of Amendment

14 No. 2449 intended to be proposed to the bill, S. 2057,

15 105th Congress, second session, as filed in the Senate on

16 June 4, 1998.

17 (b) There is hereby established in the Treasury of the

18 United States a special account to be known as the De19 fense Vessels Transfer Program Account. There is hereby

20 appropriated into that account such sums as may be nec21 essary for paying the costs (as defined in section 502 of

22 the Congressional Budget and Impoundment Control Act

23 of 1974 (2 U.S.C. 661a)) associated with the lease-sale

24 transfers authorized under section (a). Funds in that ac-
99

S. 2132 PCS

1 count are available only for the purpose of covering those

2 costs.

3 SEC. 8101. Amendment No. 2448 as submitted to the

4 Senate and reported in the Congressional Record on June

5 4, 1998, is hereby enacted into law.

6 SEC. 8102. Amendment No. 2447 as submitted to the

7 Senate and reported in the Congressional Record on June

8 4, 1998, is hereby enacted into law.

9 SEC. 8103. None of the funds made available by this

10 Act shall be used by the Army to reduce civilian personnel

11 workforce levels at United States Army, Pacific

12 (USARPAC) bases and at Major Range and Test Facility

13 Bases (MRTFBs) in the United States in fiscal year 1999

14 below levels assumed in this Act unless the Secretary of

15 the Army notifies the Congressional defense committees

16 not less than 30 days prior to implementation of any civil17 ian personnel workforce reductions.

18 This Act may be cited as the ‘‘Department of Defense

19 Appropriations Act, 1999’’.
Calendar No. 395

105TH CONGRESS

2D SESSION S. 2132

[Report No. 105–200]

A BILL

Making appropriations for the Department of De1999, and for other purposes. fense for the fiscal year ending September 30,

JUNE 4 (legislative day, JUNE 2), 1998

Read twice and placed on the calendar