H. R. 2266—26
projects funded by Government grants, or for absorption of contract
overruns.
(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 subsection, 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: Provided, That the total amounts appro-
priated 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 department.
(f) Within 60 days after 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 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 jus-
tification 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 during that fiscal year.
(h) No part of the reductions contained in subsection (e) of
this section may be applied against any budget activity, activity
group, subactivity group, line item, program element, program,
project, subproject or activity which does not fund defense FFRDC
activities within each appropriation account, and the reductions
in subsection (e) shall be allocated on a proportional basis.
(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 reductions allocated
to each category listed in subsection (h) above pursuant to this
section.
SEC. 8036. None of the funds in this or any other Act shall
be available for the preparation of studies on—
(1) the cost effectiveness or feasibility of removal and
transportation of unitary chemical weapons or agents from
the 8 chemical storage sites within the continental United
States to Johnston Atoll: Provided, That this prohibition shall
not apply to General Accounting Office studies requested by
a Member of Congress or a Congressional Committee; and
(2) the potential future uses of the 9 chemical disposal
facilities other than for the destruction of stockpile chemical
munitions and as limited by section 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. 8037. 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
H. R. 2266—27
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 enactment of this Act.
SEC. 8038. 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. 8039. 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. 8040. (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.
(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 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
H. R. 2266—28
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. 8041. The total amounts appropriated in titles II, III,
and IV of this Act are hereby reduced by $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 Evaluation,
$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. 8042. 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. 8043. Notwithstanding any other provision of this Act,
the amounts provided in all appropriation accounts in titles III
and IV of this Act are reduced by 1.5 percent: Provided, That
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: Provided further, That not later
than 60 days after the enactment of this Act, the Undersecretary
of Defense (Comptroller) shall submit a report to the congressional
defense committees listing the specific funding reductions allocated
to each category listed in the preceding proviso pursuant to this
section.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8044. 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. 8045. 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
H. R. 2266—29
directly from funds appropriated for operation and maintenance
of the reserve component of the member concerned.
SEC. 8046. 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
administrative activities of the Department of Defense, the military
departments, and the Defense Agencies.
SEC. 8047. 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. 8048. Notwithstanding any other provision of this Act,
the total amount appropriated in title IV of this Act is hereby
reduced by $474,000,000: Provided, That each program element,
program, project, subproject, and activity funded in title IV of
this Act shall be allocated a pro-rata share of any of the reductions
made by this section: Provided further, That not later than 60
days after the enactment of this Act, the Undersecretary of Defense
(Comptroller) shall submit a report to the congressional defense
committees listing the specific funding reductions allocated to each
category listed in the preceding proviso pursuant to this section.
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 section 2921(c)(2) of that Act.
SEC. 8050. 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. 8051. 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. 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 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 1999 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 1999 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 1999 procurement appropriation
and not in the supply management business area or any other