H. R. 4103—26
SEC. 8033. Of the funds made available in this Act, not less
than $28,300,000 shall be available for the Civil Air Patrol Corpora-
tion, of which $23,497,000 shall be available for Civil Air Patrol
Corporation operation and maintenance to support readiness activi-
ties which includes $3,800,000 for the Civil Air Patrol counterdrug
program: Provided, That funds identified for ‘‘Civil Air Patrol’’ under
this section are intended for and shall be for the exclusive use
of the Civil Air Patrol Corporation and not for the Air Force or
any unit thereof.
SEC. 8034. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (depart-
ment) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs
and other non-profit entities.
(b) 
LIMITATION
ON
COMPENSATION—FEDERALLY
FUNDED
RESEARCH AND DEVELOPMENT CENTER (FFRDC).—No member of
a Board of Directors, Trustees, Overseers, Advisory Group, Special
Issues Panel, Visiting Committee, or any similar entity of a defense
FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated
for his or her services as a member of such entity, or as a paid
consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously in this
subsection shall be allowed travel expenses and per diem as author-
ized under the Federal Joint Travel Regulations, when engaged
in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 1999 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by government grants,
for absorption of contract overruns, or for certain charitable con-
tributions, not to include employee participation in community serv-
ice and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 1999, not more
than 6,206 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That of the specific amount referred
to previously in this subsection, not more than 1,105 staff years
may be funded for the defense studies and analysis FFRDCs.
(e) Within 60 days after the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
a report presenting the specific amounts of staff years of technical
effort to be allocated by the department for each defense FFRDC
during fiscal year 1999: Provided, That, after the submission of
the report required by this subsection, the department may not
reallocate more than 5 per centum of an FFRDC’s staff years
among other defense FFRDCs until 30 days after a detailed jus-
tification for any such reallocation is submitted to the congressional
defense committees.
(f ) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2000 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year.
H. R. 4103—27
(g) Notwithstanding any other provision of law, the Secretary
of Defense shall control the total number of staff years to be
performed by defense FFRDCs during fiscal year 1999 so as to
reduce the total amounts appropriated in titles II, III, and IV
of this Act by $62,000,000: Provided, That the total amounts appro-
priated in titles II, III, and IV of this Act are hereby reduced
by $62,000,000 to reflect savings from the use of defense FFRDCs
by the department.
(h) Notwithstanding any other provision of law, none of the
reductions for advisory and assistance services contained in this
Act shall be applied to defense FFRDCs.
SEC. 8035. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8036. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the National Security Committee of
the House of Representatives, the Armed Services Committee of
the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on National
Security of the Committee on Appropriations of the House of Rep-
resentatives.
SEC. 8037. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or defense agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8038. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
H. R. 4103—28
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to Congress a report
on the amount of Department of Defense purchases from foreign
entities in fiscal year 1999. Such report shall separately indicate
the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2),
the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or
any international agreement to which the United States is a party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
SEC. 8039. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8040. Amounts deposited during the current fiscal year
to the special account established under 40 U.S.C. 485(h)(2) and
to the special account established under 10 U.S.C. 2667(d)(1) are
appropriated and shall be available until transferred by the Sec-
retary of Defense to current applicable appropriations or funds
of the Department of Defense under the terms and conditions
specified by 40 U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C.
2667(d)(1)(B), to be merged with and to be available for the same
time period and the same purposes as the appropriation to which
transferred.
SEC. 8041. During the current fiscal year, appropriations avail-
able to the Department of Defense may be used to reimburse
a member of a reserve component of the Armed Forces who is
not otherwise entitled to travel and transportation allowances and
who occupies transient government housing while performing active
duty for training or inactive duty training: Provided, That such
members may be provided lodging in kind if transient government
quarters are unavailable as if the member was entitled to such
allowances under subsection (a) of section 404 of title 37, United
States Code: Provided further, That if lodging in kind is provided,
any authorized service charge or cost of such lodging may be paid
directly from funds appropriated for operation and maintenance
of the reserve component of the member concerned.
SEC. 8042. The President shall include with each budget for
a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, materials that shall identify clearly
and separately the amounts requested in the budget for appropria-
tion for that fiscal year for salaries and expenses related to adminis-
trative activities of the Department of Defense, the military depart-
ments, and the Defense agencies.
H. R. 4103—29
SEC. 8043. Notwithstanding any other provision of law, funds
available for ‘‘Drug Interdiction and Counter-Drug Activities,
Defense’’ may be obligated for the Young Marines program.
SEC. 8044. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act: Provided, That none
of the funds made available for expenditure under this section
may be transferred or obligated until thirty days after the Secretary
of Defense submits a report which details the balance available
in the Overseas Military Facility Investment Recovery Account,
all projected income into the account during fiscal years 1999 and
2000, and the specific expenditures to be made using funds trans-
ferred from this account during fiscal year 1999.
SEC. 8045. Of the funds appropriated or otherwise made avail-
able by this Act, not more than $119,200,000 shall be available
for payment of the operating costs of NATO Headquarters: Provided,
That the Secretary of Defense may waive this section for Depart-
ment of Defense support provided to NATO forces in and around
the former Yugoslavia.
SEC. 8046. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $100,000.
SEC. 8047. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense Work-
ing Capital Funds if such an item would not have been chargeable
to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 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
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2000 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8048. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2000: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended.
SEC. 8049. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency