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ican Act with respect to such types of products produced
in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to Con-
gress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year 1998. 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. 8036. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
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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, pro-
vided in section 2865 of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8037. Amounts deposited during the current fis-
cal 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 Secretary 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
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 appro-
priation to which transferred.
SEC. 8038. During the current fiscal year, appropria-
tions available 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 gov-
ernment 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
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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 appro-
priated for operation and maintenance of the reserve com-
ponent of the member concerned.
SEC. 8039. 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 re-
quested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military depart-
ments, and the Defense Agencies.
SEC. 8040. 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. 8041. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by sec-
tion 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.
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SEC. 8042. Of the funds appropriated or otherwise
made available 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 De-
fense may waive this section for Department of Defense
support provided to NATO forces in and around the
former Yugoslavia.
SEC. 8043. During the current fiscal year, appropria-
tions 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. 8044. (a) During the current fiscal year, none
of the appropriations or funds available to the Defense
Working Capital Funds shall be used for the purchase of
an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the cur-
rent fiscal year or a subsequent fiscal year to customers
of the Defense Working Capital Funds if such an item
would not have been chargeable to the Defense Business
Operations Fund during fiscal year 1994 and if the pur-
chase of such an investment item would be chargeable dur-
ing the current fiscal year to appropriations made to the
Department of Defense for procurement.
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(b) The fiscal year 1999 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 1999
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be
budgeted for in a proposed fiscal year 1999 procurement
appropriation and not in the Supply Management Activity
Group or any other area or category of the Defense Work-
ing Capital Funds.
SEC. 8045. None of the funds provided in this Act
and hereafter shall be available for use by a Military De-
partment to modify an aircraft, weapon, ship or other item
of equipment, that the Military Department concerned
plans to retire or otherwise dispose of within five years
after completion of the modification: Provided, That this
prohibition shall not apply to safety modifications: Pro-
vided further, That this prohibition may be waived by the
Secretary of a Military Department if the Secretary deter-
mines it is in the best national security interest of the
United States to provide such waiver and so notifies the
congressional defense committees in writing.
SEC. 8046. None of the funds appropriated by this
Act for programs of the Central Intelligence Agency shall
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remain available for obligation beyond the current fiscal
year, except for funds appropriated for the Reserve for
Contingencies, which shall remain available until Septem-
ber 30, 1999.
SEC. 8047. Notwithstanding any other provision of
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands.
SEC. 8048. Amounts collected for the use of the fa-
cilities of the National Science Center for Communications
and Electronics during the current fiscal year pursuant
to section 1459(g) of the Department of Defense Author-
ization Act, 1986, and deposited to the special account es-
tablished under subsection 1459(g)(2) of that Act are ap-
propriated and shall be available until expended for the
operation and maintenance of the Center as provided for
in subsection 1459(g)(2).
SEC. 8049. None of the funds appropriated in this
Act may be used to fill the commander’s position at any
military medical facility with a health care professional
unless the prospective candidate can demonstrate profes-
sional administrative skills.