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(b) The fiscal year 1999 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 1999 De-
partment 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 1999.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8012. 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
fifty United States, its territories, and the District of Co-
lumbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Person-
nel Manual: Provided further, That workyears expended in
dependent student hiring programs for disadvantaged
youths shall not be included in this workyear limitation.
SEC. 8013. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8014. (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
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normal cost for future benefits under section 3015(c) of title
38, United States Code, for any member of the armed serv-
ices who, on or after the date of 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 Sec-
retary 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 mem-
ber 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 De-
fense in fiscal year 1991 to test the cost-effective use of spe-
cial recruiting incentives involving not more than nineteen
noncombat arms skills approved in advance by the Sec-
retary of Defense: Provided further, That this subsection ap-
plies 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 mem-
ber of the Army participating as a full-time student and
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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 is credited toward
completion of a service commitment: Provided, That this
subsection shall not apply to those members who have reen-
listed with this option prior to October 1, 1987: Provided
further, That this subsection applies only to active compo-
nents of the Army.
SEC. 8015. None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on
or after the date of enactment of this Act, is performed by
more than ten Department of Defense civilian employees
until a most efficient and cost-effective organization analy-
sis is completed on such activity or function and certifi-
cation of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate:
Provided, That this section shall not apply to a commercial
or industrial type function of the Department of Defense
that: (1) is included on the procurement list established pur-
suant to section 2 of the Act of June 25, 1938 (41 U.S.C.
47), popularly referred to as the Javits-Wagner-O’Day Act;
(2) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in ac-
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cordance with that Act; or (3) is planned to be converted
to performance by a qualified firm under 51 per centum
Native American ownership.
(TRANSFER OF FUNDS)
SEC. 8016. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510;
10 U.S.C. 2301 note), as amended, under the authority of
this provision or any other transfer authority contained in
this Act.
SEC. 8017. None of the funds in this Act may be avail-
able for the purchase by the Department of Defense (and
its departments and agencies) of welded shipboard anchor
and mooring chain 4 inches in diameter and under unless
the anchor and mooring chain are manufactured in the
United States from components which are substantially
manufactured in the United States: Provided, That for the
purpose of this section manufactured will include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall
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be considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate
cost of the components produced or manufactured outside
the United States: Provided further, That when adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the
service responsible for the procurement may waive this re-
striction on a case-by-case basis by certifying in writing
to the Committees on Appropriations that such an acquisi-
tion must be made in order to acquire capability for na-
tional security purposes.
SEC. 8018. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS) shall be available for
the reimbursement of any health care provider for inpatient
mental health service for care received when a patient is
referred to a provider of inpatient mental health care or
residential treatment care by a medical or health care pro-
fessional having an economic interest in the facility to
which the patient is referred: Provided, That this limitation
does not apply in the case of inpatient mental health serv-
ices provided under the program for the handicapped under
subsection (d) of section 1079 of title 10, United States
Code, provided as partial hospital care, or provided pursu-
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ant to a waiver authorized by the Secretary of Defense be-
cause of medical or psychological circumstances of the pa-
tient that are confirmed by a health professional who is not
a Federal employee after a review, pursuant to rules pre-
scribed by the Secretary, which takes into account the ap-
propriate level of care for the patient, the intensity of serv-
ices required by the patient, and the availability of that
care.
SEC. 8019. Funds available in this Act may be used
to provide transportation for the next-of-kin of individuals
who have been prisoners of war or missing in action from
the Vietnam era to an annual meeting in the United States,
under such regulations as the Secretary of Defense may pre-
scribe.
SEC. 8020. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of Defense
may, by Executive Agreement, establish with host nation
governments in NATO member states a separate account
into which such residual value amounts negotiated in the
return of United States military installations in NATO
member states may be deposited, in the currency of the host
nation, in lieu of direct monetary transfers to the United
States Treasury: Provided, That such credits may be uti-
lized only for the construction of facilities to support United
States military forces in that host nation, or such real prop-
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erty maintenance and base operating costs that are cur-
rently executed through monetary transfers to such host na-
tions: Provided further, That the Department of Defense’s
budget submission for fiscal year 1999 shall identify such
sums anticipated in residual value settlements, and identify
such construction, real property maintenance or base oper-
ating costs that shall be funded by the host nation through
such credits: Provided further, That all military construc-
tion projects to be executed from such accounts must be pre-
viously approved in a prior Act of Congress: Provided fur-
ther, That each such Executive Agreement with a NATO
member host nation shall be reported to the congressional
defense committees, the Committee on International Rela-
tions of the House of Representatives and the Committee
on Foreign Relations of the Senate thirty days prior to the
conclusion and endorsement of any such agreement estab-
lished under this provision.
SEC. 8021. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
rifles, .30 caliber rifles, or M–1911 pistols.
SEC. 8022. Notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be
available to pay more than 50 per centum of an amount
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paid to any person under section 308 of title 37, United
States Code, in a lump sum.
SEC. 8023. A member of a reserve component whose
unit or whose residence is located in a state which is not
contiguous with another state is authorized to travel in a
space required status on aircraft of the Armed Forces be-
tween home and place of inactive duty training, or place
of duty in lieu of unit training assembly, when there is
no road or railroad transportation (or combination of road
and railroad transportation between those locations: Pro-
vided, That a member traveling in that status on a military
aircraft pursuant to the authority provided in this section
is not authorized to receive travel, transportation, or per
diem allowances in connection with that travel.
SEC. 8024. In addition to funds provided elsewhere in
this Act, $8,000,000 is appropriated only for incentive pay-
ments authorized by section 504 of the Indian Financing
Act of 1974, 25 U.S.C. 1544: Provided, That these payments
shall be available only to contractors which have submitted
subcontracting plans pursuant to 15 U.S.C. 637(d), and ac-
cording to regulations which shall be promulgated by the
Secretary of Defense within 90 days of the passage of this
Act.
SEC. 8025. Notwithstanding any other provision of
law, of the revenue collected by the Department of Defense
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Working Capital Funds, such amounts as may be required
shall be made available for obligation and expenditure for
indemnification of the leasing entity or entities to accom-
plish the lease of aircraft for the VC–137 mission: Provided,
That the funds made available pursuant to this section shall
remain available until expended.
SEC. 8026. During the current fiscal year, none of the
funds available to the Department of Defense may be used
to procure or acquire (1) defensive handguns unless such
handguns are the M–9 or M–11 9 mm Department of De-
fense standard handguns, or (2) offensive handguns except
for the Special Operations Forces: Provided, That the fore-
going shall not apply to handguns and ammunition for
marksmanship competitions.
SEC. 8027. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during
a single fiscal year for any single relocation of an organiza-
tion, unit, activity or function of the Department of Defense
into or within the National Capital Region: Provided, That
the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congres-
sional defense committees that such a relocation is required
in the best interest of the Government.
SEC. 8028. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
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the Congress, the judicial branch, or the District of Colum-
bia may be used for the pay, allowances, and benefits of
an employee as defined by section 2105 of title 5 or an indi-
vidual employed by the government of the District of Co-
lumbia, permanent or temporary indefinite, who—
(1) is a member of a Reserve component of the
Armed Forces, as described in section 261 of title 10,
or the National Guard, as described in section 101 of
title 32;
(2) performs, for the purpose of providing mili-
tary aid to enforce the law or providing assistance to
civil authorities in the protection or saving of life or
property or prevention of injury—
(A) Federal service under sections 331, 332,
333, or 12406 of title 10, or other provision of
law, as applicable, or
(B) full-time military service for his or her
State, the District of Columbia, the Common-
wealth of Puerto Rico, or a territory of the Unit-
ed States; and
(3) requests and is granted—
(A) leave under the authority of this section;
or
(B) annual leave, which may be granted
without regard to the provisions of sections 5519
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and 6323(b) of title 5, if such employee is other-
wise entitled to such annual leave:
Provided, That any employee who requests leave under sub-
section (3)(A) for service described in subsection (2) of this
section is entitled to such leave, subject to the provisions
of this section and of the last sentence of section 6323(b)
of title 5, and such leave shall be considered leave under
section 6323(b) of title 5.
SEC. 8029. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to
the provisions of OMB Circular A–76 if the study being
performed exceeds a period of twenty-four months after ini-
tiation of such study with respect to a single function activ-
ity or forty-eight months after initiation of such study for
a multi-function activity.
SEC. 8030. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8031. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust wage
rates for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans Af-
fairs by section 7455 of title 38, United States Code.
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SEC. 8032. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act.
SEC. 8033. (a) Of the funds for the procurement of sup-
plies or services appropriated by this Act, qualified non-
profit agencies for the blind or other severely handicapped
shall be afforded the maximum practicable opportunity to
participate as subcontractors and supplies in the perform-
ance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
agency a subcontracting plan for the participation by small
business concerns pursuant to section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) shall be given credit to-
ward meeting that subcontracting goal for any purchases
made from qualified nonprofit agencies for the blind or
other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
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Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
SEC. 8034. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant
to section 1095 of title 10, United States Code, shall be
made available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility’s direct budget amount.
SEC. 8035. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not
to exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That, upon receipt, such
contributions from the Government of Kuwait shall be cred-
ited to the appropriations or fund which incurred such obli-
gations.
SEC. 8036. Of the funds made available in this Act,
not less than $27,200,000 shall be available for the Civil
Air Patrol, of which $22,600,000 shall be available for Op-
eration and maintenance.
SEC. 8037. (a) None of the funds appropriated in this
Act are available to establish a new Department of Defense
(department) federally funded research and development
center (FFRDC), either as a new entity, or as a separate
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entity administrated by an organization managing another
FFRDC, or as a nonprofit membership corporation consist-
ing 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, may be com-
pensated for his or her services as a member of such entity,
or as a paid consultant, except under the same conditions,
and to the same extent, as members of the Defense Science
Board: Provided, That a member of any such entity referred
to previously in this subsection shall be allowed travel ex-
penses and per diem as authorized 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 1998 may be used by a defense FFRDC,
through a fee or other payment mechanism, for charitable
contributions, for construction of new buildings, for pay-
ment of cost sharing for projects funded by government
grants, or for absorption of contract overruns.
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(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 1998,
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 sub-
section, not more than 1,105 staff years may be funded for
the defense studies and analysis FFRDCs.
(e) 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 1998 so as to reduce the total amounts appropriated
in titles II, III, and IV of this Act by $71,800,000: Pro-
vided, That the total amounts appropriated in titles II, III,
and IV of this Act are hereby reduced by $71,800,000 to
reflect savings from the use of defense FFRDCs by the de-
partment.
(f) Within 60 days after enactment of this Act, the Sec-
retary 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 1998: Provided,
That, after the submission of the report required by this
subsection, the department may not reallocate more than
five per centum of an FFRDC’s staff years among other
defense FFRDCs until 30 days after a detailed justification
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for any such reallocation is submitted to the congressional
defense committees.
(g) The Secretary of Defense shall, with the submission
of the department’s fiscal year 1999 budget request, submit
a report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year.
(h) The reductions specified in subsection (e) of this
section shall be applied only to funds budgeted to purchase
defense FFRDC activities and shall be applied on a pro-
rata basis to each program, project and activity which in-
cluded budget funds for defense FFRDC activities.
(i) Not later than 90 days after enactment of this Act,
the Secretary of Defense shall submit to the congressional
defense committees a report listing the specific funding re-
ductions allocated to each category listed in subsection (h)
above pursuant to this section.
SEC. 8038. None of the funds in this or any other Act
shall be available for the preparation of studies on—
(a) the cost effectiveness or feasibility of removal
and transportation of unitary chemical weapons or
agents from the eight chemical storage sites within the
continental United States to Johnston Atoll: Pro-
vided, That this prohibition shall not apply to Gen-
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eral Accounting Office studies requested by a Member
of Congress or a Congressional Committee; and
(b) the potential future uses of the nine chemical
disposal facilities other than for the destruction of
stockpile chemical munitions and as limited by sec-
tion 1412(c)(2), Public Law 99–145: Provided, That
this prohibition does not apply to future use studies
for the CAMDS facility at Tooele, Utah.
SEC. 8039. 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 facil-
ity or property under the control of the Department of De-
fense 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 Appro-
priations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
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capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which
are in being as of the date of enactment of this Act.
SEC. 8040. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the National Security
Committee of the House of Representatives, the Armed Serv-
ices 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 Representatives.
SEC. 8041. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well
as the production of components and other Defense-related
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military
department or defense agency concerned, with power of dele-
gation, 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. 8042. The total amounts appropriated in titles
II, III, and IV of this Act are hereby reduced by
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$300,000,000 to reflect savings from the use of advisory and
assistance services by the Department of Defense: Provided,
That the savings shall be applied to the following titles in
the following amounts:
Title 
II, 
Operation 
and 
Maintenance,
$112,000,000;
Title III, Procurement, $62,000,000; and
Title IV, Research, Development, Test and Eval-
uation, $126,000,000:
Provided further, That the savings specified shall be applied
only to funds budgeted to purchase advisory and assistance
services: Provided further, That the savings shall be applied
on a pro-rata basis to each program, project and activity
which included budget funds for advisory and assistance
services.
SEC. 8043. 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.
SEC. 8044. To provide funds for additional required
aviation depot level repairables in the Air Force Operation
and Maintenance account, the amounts appropriated else-
where in this Act for the following appropriation accounts
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are reduced by 1.0 per centum: Aircraft Procurement, Air
Force; Missile Procurement, Air Force; Procurement of Am-
munition, Air Force; Other Procurement, Air Force; and
Research, Development, Test and Evaluation, Air Force.
These reductions shall be applied on a pro-rata basis to each
line item, program element, program, project, subproject,
and activity within each appropriation account.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8045. 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 ap-
plicable appropriations or funds of the Department of De-
fense 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 trans-
ferred.
SEC. 8046. 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 transpor-
tation allowances and who occupies transient government
housing while performing active duty for training or inac-
tive duty training: Provided, That such members may be
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provided lodging in kind if transient government quarters
are unavailable as if the member was entitled to such allow-
ances 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 lodg-
ing may be paid directly from funds appropriated for oper-
ation and maintenance of the reserve component of the
member concerned.
SEC. 8047. The President shall include with each budg-
et 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 appropriation for that fiscal year for salaries
and expenses related to administrative activities of the De-
partment of Defense, the military departments, and the De-
fense Agencies.
SEC. 8048. To provide funds for additional required
aviation depot level repairables in the Navy Operation and
Maintenance account, the amounts appropriated elsewhere
in this Act for the following appropriation accounts are re-
duced by 1.1 per centum: Aircraft Procurement, Navy;
Weapons Procurement, Navy; Procurement of Ammunition,
Navy and Marine Corps; Shipbuilding and Conversion,
Navy; Other Procurement, Navy; Procurement, Marine
Corps; and Research, Development, Test and Evaluation,
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Navy. These reductions shall be applied on a pro-rata basis
to each line item, program element, program, project, sub-
project, and activity within each appropriation account.
SEC. 8049. 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 sec-
tion 2921(c)(2) of that Act.
SEC. 8050. 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 sup-
port provided to NATO forces in and around the former
Yugoslavia.
SEC. 8051. 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. 8052. (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 pur-
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chase of an investment item for the purpose of acquiring
a new inventory item for sale or anticipated sale during
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable to
the Department of Defense Working Capital Funds 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 pro-
curement.
(b) The fiscal year 1999 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 1999 De-
partment 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 ap-
propriation contained in this Act shall be budgeted for in
a proposed fiscal year 1999 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. 8053. None of the funds provided in this Act shall
be available for use by a Military Department to modify
an aircraft, weapon, ship or other item of equipment, that
the Military Department concerned plans to retire or other-
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wise dispose of within five years after completion of the
modification: Provided, That this prohibition shall not
apply to safety modifications: Provided further, That this
prohibition may be waived by the Secretary of a Military
Department if the Secretary determines it is in the best na-
tional security interest of the United States to provide such
waiver and so notifies the congressional defense committees
in writing.
SEC. 8054. None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30,
1999.
SEC. 8055. Notwithstanding any other provision of
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands,
and the component commands.
SEC. 8056. Of the funds appropriated by the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $8,000,000 shall be
made available only for the mitigation of environmental
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impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation, on In-
dian lands resulting from Department of Defense activities.
SEC. 8057. Amounts collected for the use of the facili-
ties of the National Science Center for Communications and
Electronics during the current fiscal year pursuant to sec-
tion 1459(g) of the Department of Defense Authorization
Act, 1986, and deposited to the special account established
under subsection 1459(g)(2) of that Act are appropriated
and shall be available until expended for the operation and
maintenance of the Center as provided for in subsection
1459(g)(2).
SEC. 8058. None of the funds appropriated in this Act
may be used to fill the commander’s position at any mili-
tary medical facility with a health care professional unless
the prospective candidate can demonstrate professional ad-
ministrative skills.
SEC. 8059. (a) None of the funds appropriated in this
Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, complies
with the Buy American Act. For purposes of this subsection,
the term ‘‘Buy American Act’’ means title III of the Act
entitled ‘‘An Act making appropriations for the Treasury
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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.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ‘‘Made in America’’ inscription to any product sold in
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense.
(c) In the case of any equipment or products purchased
with appropriations provided under this Act, it is the sense
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
SEC. 8060. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines—
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(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work, or
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific
or technological promise, represents the product of
original thinking, and was submitted in confidence
by one source, or
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new
product or idea of a specific concern is given finan-
cial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to im-
provements of equipment that is in development or produc-
tion, or contracts as to which a civilian official of the De-
partment of Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the interest
of the national defense.
SEC. 8061. Funds appropriated by this Act for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414).
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SEC. 8062. None of the funds available to the Depart-
ment of Defense in this Act may be used to establish addi-
tional field operating agencies of any element of the Depart-
ment during fiscal year 1998, except for field operating
agencies funded within the National Foreign Intelligence
Program: Provided, That the Secretary of Defense may
waive this section by certifying to the House and Senate
Committees on Appropriations that the creation of such
field operating agencies will reduce either the personnel
and/or financial requirements of the Department of Defense.
SEC. 8063. Notwithstanding section 303 of Public Law
96–487 or any other provision of law, the Secretary of the
Navy is authorized to lease real and personal property at
Naval Air Facility, Adak, Alaska, pursuant to 10 U.S.C.
2667(f), for commercial, industrial or other purposes.
(RESCISSIONS)
SEC. 8064. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts in the specified
amounts:
‘‘Aircraft 
Procurement, 
Navy, 
1997/1999’’,
$40,000,000;
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1997/1998’’, $29,700,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1997/1998’’, $25,000,000.
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SEC. 8065. None of the funds available in this Act may
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for
the purpose of applying any administratively imposed ci-
vilian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure.
SEC. 8066. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8067. During the current fiscal year, funds ap-
propriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a
plan submitted by a Governor of a State and approved by
the Secretary of Defense under section 112 of title 32, Unit-
ed States Code: Provided, That during the performance of
such duty, the members of the National Guard shall be
under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty
for purposes of sections 12602 (a)(2) and (b)(2) of title 10,
United States Code.
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SEC. 8068. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Uni-
fied and Specified Commands and Defense Agencies shall
be available for reimbursement of pay, allowances and other
expenses which would otherwise be incurred against appro-
priations for the National Guard and Reserve when mem-
bers of the National Guard and Reserve provide intelligence
support to Unified Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and pro-
grams included within the General Defense Intelligence
Program and the Consolidated Cryptologic Program: Pro-
vided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
SEC. 8069. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 1996
level: Provided, That the Service Surgeons General may
waive this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and
capitation-based budgeting.
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SEC. 8070. All refunds or other amounts collected in
the administration of the Civilian Health and Medical Pro-
gram of the Uniformed Services (CHAMPUS) shall be cred-
ited to current year appropriations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8071. None of the funds appropriated in this Act
may be transferred to or obligated from the Pentagon Res-
ervation Maintenance Revolving Fund, unless the Secretary
of Defense certifies that the total cost for the planning, de-
sign, construction and installation of equipment for the ren-
ovation of the Pentagon Reservation will not exceed
$1,118,000,000.
(TRANSFER OF FUNDS)
SEC. 8072. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal build-
ings may, during their period of availability, be transferred
to other appropriations or funds of the Department of De-
fense for projects related to increasing energy and water ef-
ficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the ap-
propriation or fund to which transferred.
SEC. 8073. None of the funds appropriated by this Act
may be used for the procurement of ball and roller bearings
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military
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department responsible for such procurement may waive
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available 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.
SEC. 8074. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa: Provided, That notwithstanding any other
provision of law, funds available to the Department of De-
fense shall be made available to provide transportation of
medical supplies and equipment, on a nonreimbursable
basis, to the Indian Health Service when it is in conjunc-
tion with a civil-military project.
SEC. 8075. None of the funds in this Act may be used
to purchase any supercomputer which is not manufactured
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for
national security purposes that is not available from Unit-
ed States manufacturers.
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(TRANSFER OF FUNDS)
SEC. 8076. In addition to amounts appropriated or
otherwise made available by this Act, $300,000,000 is here-
by appropriated to the Department of Defense and shall be
available only for transfer to the United States Coast
Guard.
SEC. 8077. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
during the current fiscal year for construction or service
performed in whole or in part in a State which is not con-
tiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment as
determined by the Secretary of Labor, shall include a provi-
sion requiring the contractor to employ, for the purpose of
performing that portion of the contract in such State that
is not contiguous with another State, individuals who are
residents of such State and who, in the case of any craft
or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense
may waive the requirements of this section, on a case-by-
case basis, in the interest of national security.
SEC. 8078. (a) The Secretary of Defense shall submit,
on a quarterly basis, a report to the congressional defense
committees, the Committee on International Relations of
the House of Representatives and the Committee on Foreign
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Relations of the Senate setting forth all costs (including in-
cremental costs) incurred by the Department of Defense
during the preceding quarter in implementing or support-
ing resolutions of the United Nations Security Council, in-
cluding any such resolution calling for international sanc-
tions, international peacekeeping operations, and humani-
tarian missions undertaken by the Department of Defense.
The quarterly report shall include an aggregate of all such
Department of Defense costs by operation or mission.
(b) The Secretary of Defense shall detail in the quar-
terly reports all efforts made to seek credit against past
United Nations expenditures and all efforts made to seek
compensation from the United Nations for costs incurred
by the Department of Defense in implementing and sup-
porting United Nations activities.
SEC. 8079. (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities de-
scribed in subsection (b) unless the congressional defense
committees, the Committee on International Relations of
the House of Representatives, and the Committee on For-
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eign Relations of the Senate are notified 15 days in advance
of such transfer.
(b) COVERED ACTIVITIES.—(1) This section applies
to—
(A) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under
the authority of a United Nations Security Council
resolution; and
(B) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection (a)
shall include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
(A) a statement of whether the inventory re-
quirements of all elements of the Armed Forces
(including the reserve components) for the type
of equipment or supplies to be transferred have
been met; and
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(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to provide
funds for such replacement.
SEC. 8080. To the extent authorized by subchapter VI
of Chapter 148 of title 10, United States Code, the Secretary
of Defense shall issue loan guarantees in support of U.S.
defense exports not otherwise provided for: Provided, That
the total contingent liability of the United States for guar-
antees issued under the authority of this section may not
exceed $15,000,000,000: Provided further, That the exposure
fees charged and collected by the Secretary for each guaran-
tee, shall be paid by the country involved and shall not be
financed as part of a loan guaranteed by the United States:
Provided further, That the Secretary shall provide quarterly
reports to the Committees on Appropriations, Armed Serv-
ices and Foreign Relations of the Senate and the Commit-
tees on Appropriations, National Security and Inter-
national Relations in the House of Representatives on the
implementation of this program: Provided further, That
amounts charged for administrative fees and deposited to
the special account provided for under section 2540c(d) of
title 10, shall be available for paying the costs of adminis-
trative expenses of the Department of Defense that are at-
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tributable to the loan guarantee program under subchapter
VI of Chapter 148 of title 10.
SEC. 8081. None of the funds available to the Depart-
ment of Defense shall be obligated or expended to make a
financial contribution to the United Nations for the cost
of an United Nations peacekeeping activity (whether pursu-
ant to assessment or a voluntary contribution) or for pay-
ment of any United States arrearage to the United Nations.
SEC. 8082. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the
contractor to an employee when—
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
SEC. 8083. (a) None of the funds appropriated or oth-
erwise made available in this Act may be used to transport
or provide for the transportation of chemical munitions or
agents to the Johnston Atoll for the purpose of storing or
demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply
to any obsolete World War II chemical munition or agent
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of the United States found in the World War II Pacific
Theater of Operations.
(c) The President may suspend the application of sub-
section (a) during a period of war in which the United
States is a party.
SEC. 8084. None of the funds provided in title II of
this Act for ‘‘Former Soviet Union Threat Reduction’’ may
be obligated or expended to finance housing for any individ-
ual who was a member of the military forces of the Soviet
Union or for any individual who is or was a member of
the military forces of the Russian Federation.
SEC. 8085. During the current fiscal year, no more
than $15,000,000 of appropriations made in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
may be transferred to appropriations available for the pay
of military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations
and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
SEC. 8086. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations
made in this Act under the heading ‘‘Shipbuilding and
Conversion, Navy’’ shall be considered to be for the same
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purpose as any subdivision under the heading ‘‘Shipbuild-
ing and Conversion, Navy’’ appropriations in any prior
year, and the one per centum limitation shall apply to the
total amount of the appropriation.
SEC. 8087. Notwithstanding 31 U.S.C. 1552(a), not
more than $14,000,000 appropriated under the heading
‘‘Aircraft Procurement, Air Force’’ in Public Law 102–396
which was available and obligated for the B–2 Aircraft Pro-
gram shall remain available for expenditure and for adjust-
ing obligations for such program until September 30, 2003.
SEC. 8088. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if—
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of avail-
ability or closing of that account;
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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 obliga-
tion is not chargeable to a current appropriation of
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization
Act for Fiscal Year 1991, Public Law 101–510, as
amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and re-
corded against the expired account: Provided further,
That the total amount charged to a current appro-
priation under this section may not exceed an
amount equal to one per centum of the total appro-
priation for that account.
(TRANSFER OF FUNDS)
SEC. 8089. Upon enactment of this Act, the Secretary
of Defense shall make the following transfers of funds: Pro-
vided, That the amounts transferred shall be available for
the same purposes as the appropriations to which trans-
ferred, and for the same time period as the appropriation
from which transferred: Provided further, That the amounts
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shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1989/2000’’:
SSN–688 attack submarine program,
$3,000,000;
DDG–51 
destroyer 
program,
$1,500,000;
LHD–1 amphibious assault ship pro-
gram, $8,000,000;
T–AO fleet oiler program, $3,453,000;
AOE combat support ship program,
$3,600,000;
For craft, outfitting, and post delivery,
$2,019,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1989/2000’’:
SSN–21 attack submarine program,
$21,572;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1991/2001’’:
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DDG–51 
destroyer 
program,
$1,060,000;
LHD–1 amphibious assault ship pro-
gram, $1,600,000;
LSD–41 cargo variant ship program,
$2,666,000;
AOE combat support ship program,
$7,307,000;
For craft, outfitting, and post delivery,
$12,000,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1991/2001’’:
SSN–21 attack submarine program,
$24,633,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1996/2000’’:
LHD–1 amphibious assault ship pro-
gram, $10,654,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1996/2000’’:
SSN–21 attack submarine program,
$6,907,000;
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DDG–51 
destroyer 
program,
$3,747,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1994/1998’’:
LHD–1 amphibious assault ship pro-
gram, $400,000;
DDG–51 
destroyer 
program,
$1,054,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1995/1999’’:
For craft, outfitting, and post delivery,
conversions, and first destination transpor-
tation, $715,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1996/2000’’:
LHD–1 amphibious assault ship pro-
gram, $12,451,000;
LPD amphibious transport dock ship
program, $5,062,000;
For craft, outfitting, and post delivery,
conversions, and first destination transpor-
tation, $878,000;
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From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1997/2001’’:
For craft, outfitting, and post delivery,
conversions, and first destination transpor-
tation, $3,600,000;
To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy 1997/2001’’:
DDG–51 
destroyer 
program,
$24,160,000.
SEC. 8090. None of the funds available to the Depart-
ment of Defense under this Act may be obligated or ex-
pended to reimburse a defense contractor for restructuring
costs associated with a business combination of the defense
contractor that occurs after the date of enactment of this
Act unless—
(1) the auditable savings for the Department of
Defense resulting from the restructuring will exceed
the costs allowed by a factor of at least two to one,
or
(2) the savings for the Department of Defense re-
sulting from the restructuring will exceed the costs al-
lowed and the Secretary of Defense determines that
the business combination will result in the preserva-
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tion of a critical capability that might otherwise be
lost to the Department, and
(3) the report required by Section 818(e) of Pub-
lic Law 103–337 to be submitted to Congress in 1996
is submitted.
SEC. 8091. Notwithstanding any other provision of
law, none of the funds appropriated in this Act may be
used to purchase, install, replace, or otherwise repair any
lock on a safe or security container which protects informa-
tion critical to national security or any other classified ma-
terials and which has not been certified as passing the secu-
rity lock specifications contained in regulation FF–L–2740
dated October 12, 1989, and has not passed all testing cri-
teria and procedures established through February 28,
1992: Provided, That the Director of Central Intelligence
may waive this provision, on a case-by-case basis only,
upon certification that the above cited locks are not ade-
quate for the protection of sensitive intelligence informa-
tion.
SEC. 8092. 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
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the purpose of this section, supervision and administration
costs includes all in-house Government cost.
SEC. 8093. The Secretary of Defense may waive reim-
bursement 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 deter-
mines that attendance by such personnel, without reim-
bursement, is in the national security interest of the United
States: Provided, That costs for which reimbursement is
waived pursuant to this subsection shall be paid from ap-
propriations available for the Asia-Pacific Center.
SEC. 8094. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may permit
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available,
reimbursable basis. The Chief of the National Guard Bu-
reau 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 Distance
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
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SEC. 8095. 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. 8096. The Secretary of the Army may exchange
or sell one Army C–20 aircraft and may apply the exchange
allowance or sale proceeds in whole or in part payment for
the acquisition of one C–37 aircraft: Provided, That in ad-
dition to such exchange allowance or sale proceeds, of the
amount appropriated for fiscal year 1998 for Aircraft Pro-
curement, Air Force, not more than $6,000,000 shall be
made available for acquisition of the C–37 for the United
States Army: Provided further, That in addition to such
exchange allowance or sale proceeds, of the amount appro-
priated for fiscal year 1997 for Aircraft Procurement, Air
Force, not more than $27,100,000 shall be made available
for acquisition of the C–37 for the United States Army.
SEC. 8097. From funds made available by this Act for
the Maritime Technology Program up to $250,000 shall be
made available to assist with a pilot project that will facili-
tate the transfer of commercial cruise ship shipbuilding
technology and expertise to U.S. yards, utilize the experi-
ence and expertise of existing U.S.-flag cruise ship opera-
tors, and enable the operation of a U.S.-flag foreign-built
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cruise ship, and two newly-constructed U.S.-flag cruise
ships: Provided, That a person (including a related person
with respect to that person) who, within 18 months after
the date of enactment, enters into a binding contract for
construction in the United States of two cruise ships, which
contract shall provide for the construction of two cruise
ships of equal or greater size than the cruise ship being op-
erated by such person on the date of enactment and shall
require the delivery of the first cruise ship no later than
January 1, 2005 and the second cruise ship no later than
January 1, 2008, may document with a coastwise endorse-
ment a foreign-built cruise ship otherwise in compliance
with 46 U.S.C. Sections 289, 883 and 12106 until such date
which is twenty-four (24) months after the delivery of the
second cruise ship or any subsequently delivered cruise ship:
Provided further, That a person (including a related person
with respect to that person) within the meaning of 46
U.S.C. Section 801 may not operate a U.S.-flag foreign-
built cruise ship, or any other cruise ship, in coastwise
trade between or among the islands of Hawaii, upon execu-
tion of the contract referred to in this section and continu-
ing throughout the life expectancy (as that term is used in
46 U.S.C. App 1125) of a newly constructed U.S. flag cruise
ship referred to in this section, unless the cruise ship is op-
erated by a person (including a related person with respect
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to that person) that is operating a cruise ship in coastwise
trade between or among the islands of Hawaii on the date
of enactment, except if any cruise ship constructed pursuant
to this section operates in regular service other than between
or among the islands of Hawaii: Provided further, That for
purposes of this section the term ‘‘cruise ship’’ means a ves-
sel that is at least 10,000 gross tons (as measured under
Chapter 143 of Title 46, United States Code) and has berth
or stateroom accommodations for at least 275 passengers:
Provided further, That for purposes of this section, unless
otherwise defined in this section, the term ‘‘person’’ means
a corporation, partnership or association the controlling in-
terest of which is owned by citizens of the United States
within the meaning of 46 U.S.C. Section 802(b): Provided
further, That for purposes of this section the term ‘‘related
person’’ means with respect to a person (i) a holding com-
pany, subsidiary, affiliate or association of the person and
(ii) an officer, director, or agent of the person or of an en-
tity referred to in (i): Provided further, That none of the
funds provided in this or any other Act may be obligated
for the tooling to construct or the construction of vessels ad-
dressed by this section.
SEC. 8098. Notwithstanding any other provision of
law, the Secretary of Defense shall obligate the funds pro-
vided for University Research Initiatives in the Department
197
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of Defense Appropriations Act, 1997 (titles I through VIII
under section 101(b) of Public Law 104–208) for the
projects and in the amounts provided for in House Report
104–863 of the House of Representatives, 104th Congress,
second session.
SEC. 8099. Effective on June 30, 1998, section 8106(a)
of the Department of Defense Appropriations Act, 1997 (ti-
tles I through VIII of the matter under section 101(b) of
Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113
note), is amended by striking out ‘‘$3,000,000’’ and insert-
ing in lieu thereof ‘‘$1,000,000’’.
SEC. 8099A. It is the sense of the Senate that—
(1) international efforts to bring indicted war
criminals to justice in Bosnia and Herzegovina con-
sistent with the 1995 Dayton Accords should be sup-
ported as an important element in creating a self-sus-
taining peace in the region;
(2) the Administration should consult closely
with the Congress on all efforts to bring indicted war
criminals to justice in Bosnia and Herzegovina con-
sistent with the 1995 Dayton Accords; and
(3) the Administration should consult closely
and in a timely manner with the Congress on the
NATO-led Stabilization Force’s mission concerning
the apprehension of indicted war criminals, including