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(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation
of the Department of Defense under the provisions
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall
be reversed and recorded against the expired ac-
count: Provided further, That the total amount
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent
of the total appropriation for that account.
SEC. 8080. The Under Secretary of Defense (Comp-
troller) shall submit to the congressional defense commit-
tees by February 1, 1999 a detailed report identifying, by
amount and by separate budget activity, activity group,
subactivity group, line item, program element, program,
project, subproject, and activity, any activity for which the
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fiscal year 2000 budget request was reduced because Con-
gress appropriated funds above the President’s budget re-
quest for that specific activity for fiscal year 1999.
SEC. 8081. Funds appropriated in title II of this Act
for supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable
order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and ad-
ministration costs includes all in-house Government cost.
SEC. 8082. The Secretary of Defense may waive re-
imbursement of the cost of conferences, seminars, courses
of instruction, or similar educational activities of the Asia-
Pacific Center for Security Studies for military officers
and civilian officials of foreign nations if the Secretary de-
termines that attendance by such personnel, without reim-
bursement, is in the national security interest of the
United States: Provided, That costs for which reimburse-
ment is waived pursuant to this subsection shall be paid
from appropriations available for the Asia-Pacific Center.
SEC. 8083. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard
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Bureau shall establish the amount of reimbursement for
such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
SEC. 8084. Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United
States Code, may implement cost-effective agreements for
required
heating
facility
modernization
in
the
Kaiserslautern Military Community in the Federal Repub-
lic
of
Germany:
Provided,
That
in
the
City
of
Kaiserslautern such agreements will include the use of
United States anthracite as the base load energy for mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal serv-
ices, if provisions are included for the consideration of
United States coal as an energy source.
SEC. 8085. During the current fiscal year, the
amounts which are necessary for the operation and main-
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tenance of the Fisher Houses administered by the Depart-
ments of the Army, the Navy, and the Air Force are here-
by appropriated, to be derived from amounts which are
available in the applicable Fisher House trust fund estab-
lished under 10 U.S.C. 2221 for the Fisher Houses of
each such department.
SEC. 8086. During the current fiscal year and here-
after, refunds attributable to the use of the Government
travel card by military personnel and civilian employees
of the Department of Defense and refunds attributable to
official Government travel arranged by Government Con-
tracted Travel Management Centers may be credited to
operation and maintenance accounts of the Department
of Defense which are current when the refunds are re-
ceived.
SEC. 8087. During the current fiscal year, not more
than a total of $60,000,000 in withdrawal credits may be
made by the Marine Corps Supply Management activity
group of the Navy Working Capital Fund, Department of
Defense Working Capital Funds, to the credit of current
applicable appropriations of a Department of Defense ac-
tivity in connection with the acquisition of critical low den-
sity repairables that are capitalized into the Navy Working
Capital Fund.
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SEC. 8088. Notwithstanding 31 U.S.C. 3902, during
the current fiscal year interest penalties may be paid by
the Department of Defense from funds financing the oper-
ation of the military department or defense agency with
which the invoice or contract payment is associated.
SEC. 8089. At the time the President submits his
budget for fiscal year 2000 and any fiscal year thereafter,
the Department of Defense shall transmit to the congres-
sional defense committees a budget justification document
for the active and reserve Military Personnel accounts, to
be known as the ‘‘M–1’’, which shall identify, at the budg-
et activity, activity group, and subactivity group level, the
amounts requested by the President to be appropriated to
the Department of Defense for military personnel in any
budget request, or amended budget request, for that fiscal
year.
SEC. 8090. None of the funds appropriated in title
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development,
prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the
National Foreign Intelligence Program: Provided further,
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That the Secretary of Defense may waive this restriction
on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Represent-
atives and the Senate that it is in the national security
interest to do so.
SEC. 8091. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with a contractor that is subject to the report-
ing requirement set forth in subsection (d) of section 4212
of title 38, United States Code, but has not submitted the
most recent report required by such subsection for 1998
or a subsequent year.
SEC. 8092. None of the funds made available in this
Act may be used to approve or license the sale of the F–
22 advanced tactical fighter to any foreign government.
SEC. 8093. None of the funds appropriated or other-
wise made available by this Act may be made available
for the United States Man and the Biosphere Program,
or related projects.
SEC. 8094. Notwithstanding 31 U.S.C. 1552(a), of
the funds provided in Department of Defense Appropria-
tions Acts, not more than the specified amounts from the
following accounts shall remain available for the payment
of satellite on-orbit incentive fees until the fees are paid: