H. R. 2266—47
with one of the two shipbuilders which are party to the Team
Agreement between Electric Boat Corporation and Newport News
Shipbuilding and Dry Dock Company dated February 25, 1997,
that was submitted to the Congress by the Secretary of the Navy
on March 31, 1997, as the prime contractor on the condition such
prime contractor enter into one or more subcontracts (under such
prime contract) with the other shipbuilder which is a party to
such Team Agreement as contemplated in such Team Agreement,
with such contract providing for construction of the first submarine
in fiscal year 1998 and for the advance construction and advance
procurement of material for the second, third, and fourth sub-
marines in fiscal year 1998: Provided, That such prime contract
shall provide that if such contract is terminated, the United States
shall not be liable for termination costs in excess of the total
amount appropriated for the New Attack Submarine Program.
SEC. 8130. In addition to amounts provided elsewhere in this
Act, $3,000,000 is hereby appropriated for ‘‘Operation and Mainte-
nance, Defense-Wide’’, and shall be made available only for the
establishment of the ‘‘21st Century National Security Strategy
Study Group’’ (hereafter in this section referred to as the ‘‘Study
Group’’): Provided, That these funds may be obligated only upon
the completion of a memorandum of agreement between the Sec-
retary of Defense (after consultation with the President), the
Speaker of the House of Representatives, the Minority Leader of
the House of Representatives, the Majority Leader of the Senate,
and the Minority Leader of the Senate: Provided further, That
this memorandum of agreement will set forth the scope of the
Group’s work, as well as its charter, composition, authorities, life-
span, and products to be generated: Provided further, That this
memorandum of agreement shall be completed not later than
December 15, 1997.
SEC. 8131. (a) PANEL TO REVIEW LONG-RANGE AIR POWER.—
(1) There is hereby established an independent panel to evaluate
the adequacy of current planning for United States long-range
air power and the requirement for continued low-rate production
of B–2 stealth bombers.
(2) The panel shall be composed of nine members appointed
as follows:
(A) two members shall be named by the President;
(B) two members shall be named by the Speaker of the
House of Representatives;
(C) one member shall be named by the Minority Leader
of the House of Representatives;
(D) two members shall be named by the Majority Leader
of the Senate;
(E) one member shall be named by the Minority Leader
of the Senate; and
(F) one member, who will serve as chairman of the panel,
shall be named by the President.
(b) FUNCTIONS OF PANEL.—(1) Not later than March 1, 1998,
the panel shall submit to the President and Congress a report
containing its conclusions and recommendations concerning the
appropriate B–2 bomber force and specifically stating its rec-
ommendation on whether additional funds for the B–2 should be
used for continued low-rate production of the B–2 or for upgrades
to improve deployability, survivability and maintainability.
H. R. 2266—48
(2) As part of its evaluation and review, the panel shall con-
sider, but not be limited to, the following:
(A) scenarios involving no warning time and little warning
time from potential adversaries;
(B) the make-up of the current bomber fleet and expected
attrition to that fleet over the next 15 years;
(C) the potential effect of additional B–2 bombers on deter-
rence;
(D) the potential effect of additional B–2 bombers in the
‘‘halt phase’’ of a conflict;
(E) the potential of a biological or chemical ‘‘lock-out’’ of
tactical United States assets by future adversaries and the
effect of additional B–2 bombers toward mitigating such a
tactic;
(F) trade-offs between additional B–2 bombers and other
programmed Department of Defense assets in meeting the sce-
narios described in subsections (b)(2)(A) through (b)(2)(E) above;
(G) the desirability of an increased rate of purchase of
precision-guided munitions for aircraft in the existing B–2 fleet;
(H) the desirability of improving the low observable
characteristics of the existing B–2 fleet; and
(I) the affordability of additional B–2 bombers in the con-
text of projected levels of future defense funding.
(c) PANEL ADMINISTRATION.—(1) The members of the panel
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the perform-
ance of services for the panel.
(2) Upon the request of the chairman of the panel, the Secretary
of Defense may detail to the panel, on a nonreimbursable basis,
personnel of the Department of Defense to assist the panel in
carrying out its duties. The Secretary of Defense shall furnish
to the panel such administrative and support services as may
be requested by the chairman of the panel and shall ensure that
all appropriate actions are taken to preserve the options of the
President until the panel submits its report under subsection (b)(1).
(d) FUNDING.—The Secretary of Defense shall, upon the request
of the panel, make available to the panel such amounts as the
panel may require to carry out its duties under this section.
(e) TERMINATION OF THE PANEL.—The panel shall terminate
30 days after the date on which it submits its report under sub-
section (b)(1).
SEC. 8132. None of the funds in this Act may be made available
for the deployment of United States Armed Forces in the Republic
of Bosnia and Herzegovina after June 30, 1998, unless the Presi-
dent, after consultation with the bipartisan leadership of the Senate
and the House of Representatives, transmits to the Congress not
later than May 15, 1998 a certification that the continued presence
of United States Armed Forces is required in order to meet the
national security interests of the United States: Provided, That
such certification shall specify the following aspects of any deploy-
ment beyond June 30, 1998—
(1) the reasons why such deployment is in the national
interest;
H. R. 2266—49
(2) the number of United States military personnel to be
deployed in and around the Republic of Bosnia and Herzegovina
and the former Yugoslavia;
(3) the expected duration of any such deployment;
(4) the mission and objectives of United States military
forces deployed in and around the Republic of Bosnia and
Herzegovina and the former Yugoslavia;
(5) the exit strategy for United States forces engaged in
such deployment;
(6) the costs associated with any deployment beyond June
30, 1998; and
(7) the impact of such deployment on the morale, retention,
and effectiveness of United States forces:
Provided further, That concurrent with said certification, the Presi-
dent shall submit a supplemental appropriations request for such
amounts as are necessary for any continued deployment beyond
June 30, 1998: Provided further, That nothing in this section shall
be deemed to restrict the authority of the President under the
Constitution to protect the lives of United States citizens.
This Act may be cited as the ‘‘Department of Defense Appropria-
tions Act, 1998’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.