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TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain proper funding level for
continuing the operation of the Central Intelligence Agency Retire-
ment and Disability System; $201,500,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community Manage-
ment Account; $129,123,000, of which $30,290,000 for the Advanced
Research and Development Committee shall remain available until
September 30, 2000: Provided, That of the funds appropriated under
this heading, $27,000,000 shall be transferred to the Department
of Justice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence responsibil-
ities, and of the said amount, $1,500,000 for Procurement shall
remain available until September 30, 2001, and $3,000,000 for
Research, development, test and evaluation shall remain available
until September 30, 2000.
PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND
ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law;
$25,000,000, to remain available until expended.
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–183,
$3,000,000, to be derived from the National Security Education
Trust Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
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whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 per centum of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $1,650,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction)
between such appropriations or funds or any subdivision thereof,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer may
not be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by Congress: Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act:
Provided further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher prior-
ity items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the
Congress.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except in
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amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the Congress
prior to any such obligation.
SEC. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.
SEC. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any 1 year
of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quan-
tity procurement in excess of $20,000,000 in any 1 year, unless
the congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided, That
no part of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order quan-
tity advance procurement is not funded at least to the limits of
the Government’s liability: Provided further, That no part of any
appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in this Act: Provided fur-
ther, That no multiyear procurement contract can be terminated
without 10-day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
E–2C aircraft;
Longbow Hellfire missile; and
Medium Tactical Vehicle Replacement (MTVR).
SEC. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations
shall be reported to Congress on September 30 of each year: Pro-
vided, That funds available for operation and maintenance shall
be available for providing humanitarian and similar assistance
by using Civic Action Teams in the Trust Territories of the Pacific
Islands and freely associated states of Micronesia, pursuant to
the Compact of Free Association as authorized by Public Law 99–
239: Provided further, That upon a determination by the Secretary
of the Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision
of medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana
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Islands, the Marshall Islands, the Federated States of Micronesia,
Palau, and Guam.
SEC. 8010. (a) During fiscal year 1999, the civilian personnel
of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 2000 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2000 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2000.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
SEC. 8011. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the 50 United States,
its territories, and the District of Columbia, 125,000 civilian
workyears: Provided, That workyears shall be applied as defined
in the Federal Personnel Manual: Provided further, That workyears
expended in dependent student hiring programs for disadvantaged
youths shall not be included in this workyear limitation.
SEC. 8012. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8013. (a) None of the funds appropriated by this Act
shall be used to make contributions to the Department of Defense
Education Benefits Fund pursuant to section 2006(g) of title 10,
United States Code, representing the normal cost for future benefits
under section 3015(c) of title 38, United States Code, for any mem-
ber of the armed services who, on or after the date of the enactment
of this Act—
(1) enlists in the armed services for a period of active
duty of less than three years; or
(2) receives an enlistment bonus under section 308a or
308f of title 37, United States Code,
nor shall any amounts representing the normal cost of such future
benefits be transferred from the Fund by the Secretary of the
Treasury to the Secretary of Veterans Affairs pursuant to section
2006(d) of title 10, United States Code; nor shall the Secretary
of Veterans Affairs pay such benefits to any such member: Provided,
That in the case of a member covered by clause (1), these limitations
shall not apply to members in combat arms skills or to members
who enlist in the armed services on or after July 1, 1989, under
a program continued or established by the Secretary of Defense
in fiscal year 1991 to test the cost-effective use of special recruiting
incentives involving not more than nineteen noncombat arms skills
approved in advance by the Secretary of Defense: Provided further,
That this subsection applies only to active components of the Army.
(b) None of the funds appropriated by this Act shall be available
for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid
by the Secretary of Veterans Affairs from the Department of Defense
Education Benefits Fund when time spent as a full-time student