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for the training and administration of the Air National
Guard, including repair of facilities, maintenance, oper-
ation, and modification of aircraft; transportation of
things, hire of passenger motor vehicles; supplies, mate-
rials, and equipment, as authorized by law for the Air Na-
tional Guard; and expenses incident to the maintenance
and use of supplies, materials, and equipment, including
such as may be furnished from stocks under the control
of agencies of the Department of Defense; travel expenses
(other than mileage) on the same basis as authorized by
law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National
Guard Bureau; $2,995,719,000: Provided, That of the
funds appropriated in this paragraph, $9,750,000 shall
not be obligated or expended until authorized by law.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contin-
gency Operations by United States military forces;
$1,855,400,000: Provided, That the Secretary of Defense
may transfer these funds only to operation and mainte-
nance accounts within this title, and working capital
funds: Provided further, That the funds transferred shall
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be merged with and shall be available for the same pur-
poses and for the same time period, as the appropriation
to which transferred: Provided further, That the transfer
authority provided in this paragraph is in addition to any
other transfer authority contained elsewhere in this Act:
Provided further, That of the funds appropriated in this
paragraph, $387,900,000 shall not be obligated or ex-
pended until authorized by law.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
For salaries and expenses necessary for the United
States Court of Appeals for the Armed Forces;
$6,952,000, of which not to exceed $5,000 can be used
for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $377,337,000, to
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Army, or
for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available
to the Department of the Army, to be merged with and
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to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $277,500,000, to
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Navy, or
for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available
to the Department of the Navy, to be merged with and
to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
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ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $378,900,000,
to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of un-
safe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations
made available to the Department of the Air Force, to be
merged with and to be available for the same purposes
and for the same time period as the appropriations to
which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to
this appropriation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Defense, $27,900,000, to
remain available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds
are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings
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and debris of the Department of Defense, or for similar
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts
may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $202,300,000, to
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this
appropriation to other appropriations made available to
the Department of the Army, to be merged with and to
be available for the same purposes and for the same time
period as the appropriation to which transferred: Provided
further, That upon a determination that all or part of the
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funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts
may be transferred back to this appropriation.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of
Defense (consisting of the programs provided under sec-
tions 401, 402, 404, 2547, and 2551 of title 10, United
States Code); $55,557,000, to remain available until Sep-
tember 30, 1999: Provided, That of the funds appro-
priated in this paragraph, $5,557,000 shall not be obli-
gated or expended until authorized by law.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet
Union, including assistance provided by contract or by
grants, for facilitating the elimination and the safe and
secure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weap-
on-related technology and expertise; for programs relating
to the training and support of defense and military person-
nel for demilitarization and protection of weapons, weap-
ons components, and weapons technology and expertise;
$284,700,000, to remain available until September 30,
2000.
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TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes; $1,541,217,000, to remain available
for obligation until September 30, 2000: Provided, That
of the $309,231,000 appropriated in this paragraph for
the procurement of UH–60 helicopters, $253,231,000
shall be available only for the procurement of 26 such air-
craft to be provided to the Army National Guard and
$56,000,000 shall be available only for the procurement
of four such aircraft to be reconfigured as CH–60 heli-
copters and provided to the Navy Reserve: Provided fur-
ther, That of the funds appropriated in this paragraph,
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$5,953,000 shall not be obligated or expended until au-
thorized by law.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including
ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes; $771,942,000, to remain available for
obligation until September 30, 2000.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For construction, procurement, production, and
modification of weapons and tracked combat vehicles,
equipment, including ordnance, spare parts, and acces-
sories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
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lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes; $1,332,907,000, to remain available for obliga-
tion until September 30, 2000.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854, title 10, United States Code, and
the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes; $1,062,802,000, to remain available
for obligation until September 30, 2000.
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OTHER PROCUREMENT, ARMY
For construction, procurement, production, and
modification of vehicles, including tactical, support, and
non-tracked combat vehicles; communications and elec-
tronic equipment; other support equipment; spare parts,
ordnance, and accessories therefor; specialized equipment
and training devices; expansion of public and private
plants, including the land necessary therefor, for the fore-
going purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contrac-
tor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes; $2,502,886,000, to re-
main available for obligation until September 30, 2000.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools
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in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway;
$6,753,465,000, to remain available for obligation until
September 30, 2000: Provided, That of the funds appro-
priated in this paragraph, $580,515,000 shall not be obli-
gated or expended until authorized by law.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts,
and accessories therefor; expansion of public and private
plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway; $1,175,393,000, to remain available for obliga-
tion until September 30, 2000.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For construction, procurement, production, and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
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thorized by section 2854, title 10, United States Code, and
the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes; $423,797,000, to remain available for
obligation until September 30, 2000.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of
public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title, $7,628,158,000, to remain available for obligation
until September 30, 2002: Provided, That additional obli-
gations may be incurred after September 30, 2002, for
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engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage
of ship construction: Provided further, That none of the
funds herein provided for the construction or conversion
of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for
the construction of major components of such vessel: Pro-
vided further, That none of the funds herein provided shall
be used for the construction of any naval vessel in foreign
shipyards: Provided further, That none of the funds in this
paragraph for advance procurement for the overhaul of
CVN–69 may be obligated unless the overhaul includes in-
stallation of cooperative engagement capability and the
ship self-defense system: Provided further, That none of
the funds in this paragraph for production of DDG–51
destroyers may be obligated unless at least four of the
twelve ships in the multiyear contract for fiscal years 1997
to 2001 are to be delivered to the Government with coop-
erative engagement capability and theater ballistic missile
defense capability installed when the ships are commis-
sioned.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of
support equipment and materials not otherwise provided
for, Navy ordnance (except ordnance for new aircraft, new
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ships, and ships authorized for conversion); the purchase
of not to exceed 194 passenger motor vehicles for replace-
ment only; and the purchase of one vehicle required for
physical security of personnel, notwithstanding price limi-
tations applicable to passenger vehicles but not to exceed
$275,000 per vehicle; expansion of public and private
plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway; $3,084,485,000, to remain available for obliga-
tion until September 30, 2000: Provided, That of the
funds appropriated in this paragraph, $11,053,000 shall
not be obligated or expended until authorized by law.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manu-
facture, and modification of missiles, armament, military
equipment, spare parts, and accessories therefor; plant
equipment, appliances, and machine tools, and installation
thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; ve-
hicles for the Marine Corps, including the purchase of not
to exceed 40 passenger motor vehicles for replacement
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only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title; $491,198,000, to remain
available for obligation until September 30, 2000: Pro-
vided, That of the funds appropriated in this paragraph,
$48,391,000 shall not be obligated or expended until au-
thorized by law.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
aircraft and equipment, including armor and armament,
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, Gov-
ernment-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes in-
cluding 
rents 
and 
transportation 
of 
things;
$6,386,479,000 to remain available for obligation until
September 30, 2000: Provided, That of the amounts pro-
vided under this heading, $20,000,000 is available only
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to initiate phase II of the Department of Defense plan
to acquire and install upgraded navigation and safety
equipment for passenger and troop carrying aircraft.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, in-
cluding spare parts and accessories therefor, ground han-
dling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and in-
stallation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things; $2,320,741,000, to remain available for obligation
until September 30, 2000.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854, title 10, United States Code, and
the land necessary therefor, for the foregoing purposes,
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and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes; $414,884,000, to remain available for
obligation until September 30, 2000.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment,
and ground electronic and communication equipment),
and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of not to exceed 196 pas-
senger motor vehicles for replacement only; the purchase
of 1 vehicle required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $232,340 per vehicle; and ex-
pansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection
of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to
approval of title; reserve plant and Government and con-
tractor-owned equipment layaway; $6,588,939,000, to re-
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main available for obligation until September 30, 2000:
Provided, That of the funds appropriated in this para-
graph $14,843,000 shall not be obligated or expended
until authorized by law.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments)
necessary for procurement, production, and modification
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of not to ex-
ceed 381 passenger motor vehicles for replacement only;
expansion of public and private plants, equipment, and in-
stallation thereof in such plants, erection of structures,
and acquisition of land for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned
equipment layaway; $2,186,669,000, to remain available
for obligation until September 30, 2000: Provided, That
of 
the 
funds 
appropriated 
in 
this 
paragraph,
$349,680,000 shall not be obligated or expended until au-
thorized by law.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procure-
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ment for the reserve components of the Armed Forces;
$850,000,000, to remain available for obligation until Sep-
tember 30, 2000: Provided, That the Chiefs of the Reserve
and National Guard components shall, not later than 30
days after the enactment of this Act, individually submit
to the congressional defense committees the modernization
priority assessment for their respective Reserve or Na-
tional Guard component: Provided further, That of the
funds appropriated in this paragraph, $154,895,000 shall
not be obligated or expended until authorized by law.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
ARMY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment; $4,686,427,000, to remain avail-
able for obligation until September 30, 1999.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
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cilities and equipment; $7,907,837,000, to remain avail-
able for obligation until September 30, 1999: Provided,
That funds appropriated in this paragraph which are
available for the V–22 may be used to meet unique re-
quirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment; $14,315,456,000, to remain avail-
able for obligation until September 30, 1999: Provided,
That of the funds made available in this paragraph,
$4,000,000 shall be only for development of coal-derived
jet fuel technologies.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments),
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects
as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation,
lease, and operation of facilities and equipment;
$9,494,337,000, to remain available for obligation until
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September 30, 1999: Provided, That not less than
$444,898,000 of the funds appropriated in this paragraph
shall be made available only for the Sea-Based Wide Area
Defense (Navy Upper-Tier) program: Provided further,
That funds appropriated for the Dual-Use Applications
Program under section 5803 of the Treasury, Postal Serv-
ice, and General Government Appropriations Act, 1997
(Public Law 104–208), shall remain available for obliga-
tion until September 30, 1998.
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, of inde-
pendent activities of the Director, Test and Evaluation in
the direction and supervision of developmental test and
evaluation, including performance and joint developmental
testing and evaluation; and administrative expenses in
connection therewith; $268,183,000, to remain available
for obligation until September 30, 1999.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary
for the independent activities of the Director, Operational
Test and Evaluation in the direction and supervision of
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to,
and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in
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connection therewith; $32,684,000, to remain available for
obligation until September 30, 1999: Provided, That of the
funds appropriated in this paragraph, $9,300,000 shall
not be obligated or expended until authorized by law.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For 
the 
Defense 
Working 
Capital 
Funds;
$971,952,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs,
projects, and activities, and for expenses of the National
Defense Reserve Fleet, as established by section 11 of the
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744);
$1,199,926,000, to remain available until expended: Pro-
vided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for
the acquisition of any of the following major components
unless such components are manufactured in the United
States: auxiliary equipment, including pumps, for all ship-
board services; propulsion system components (that is; en-
gines, reduction gears, and propellers); shipboard cranes;
and spreaders for shipboard cranes: Provided further, That
the exercise of an option in a contract awarded through
the obligation of previously appropriated funds shall not
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be considered to be the award of a new contract: Provided
further, That the Secretary of the military department re-
sponsible for such procurement may waive these restric-
tions on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Rep-
resentatives and the Senate, that adequate domestic sup-
plies are not available to meet Department of Defense re-
quirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That of the funds ap-
propriated in this paragraph, $18,300,000 shall not be ob-
ligated or expended until authorized by law.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical
and health care programs of the Department of Defense,
as authorized by law; $10,309,750,000, of which
$10,035,682,000 shall be for Operation and maintenance,
of which not to exceed three percent shall remain available
until September 30, 1999, and of which $274,068,000, to
remain available for obligation until September 30, 2000,
shall be for Procurement: Provided, That of the funds ap-
propriated in this paragraph, $55,300,000 shall not be ob-
ligated or expended until authorized by law.
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CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE
For expenses, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not
in the chemical weapon stockpile, $595,700,000, of which
$472,200,000 shall be for Operation and maintenance,
$67,200,000 shall be for Procurement to remain available
until September 30, 2000, and $56,300,000 shall be for
Research, development, test and evaluation to remain
available until September 30, 1999.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Op-
eration and maintenance; for Procurement; and for Re-
search, development, test and evaluation; $713,082,000:
Provided, That funds appropriated by this paragraph shall
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be available for obligation for the same time period and
for the same purpose as the appropriation to which trans-
ferred: Provided further, That the transfer authority pro-
vided in this paragraph is in addition to any transfer au-
thority contained elsewhere in this Act: Provided further,
That of the funds appropriated in this paragraph,
$51,411,000 shall not be obligated or expended until au-
thorized by law.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended; $142,980,000,
of which $141,180,000 shall be for Operation and mainte-
nance, of which not to exceed $600,000 is available for
emergencies and extraordinary expenses to be expended on
the approval or authority of the Inspector General, and
payments may be made on his certificate of necessity for
confidential military purposes; and of which $1,800,000,
to remain available until September 30, 2000, shall be for
Procurement: Provided, That of the funds appropriated in
this paragraph, $4,600,000 shall not be obligated or ex-
pended until authorized by law.
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TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain proper
funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System;
$196,900,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Commu-
nity Management Account; $125,580,000, of which
$39,011,000 for the Advanced Research and Development
Committee and the Environmental Intelligence and Appli-
cations Program shall remain available until September
30, 1999: Provided, That of the funds appropriated under
this heading, $27,000,000 shall be transferred to the De-
partment of Justice for the National Drug Intelligence
Center to support the Department of Defense’s counter-
drug intelligence responsibilities, and of the said amount,
$1,500,000 for Procurement shall remain available until
September 30, 2000, and $3,000,000 for Research, devel-
opment, test and evaluation shall remain available until
September 30, 1999.
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PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE-
MEDIATION, AND ENVIRONMENTAL RESTORATION
FUND
For payment to Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Fund, as au-
thorized by law; $10,000,000, to remain available until ex-
pended.
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–
183, $2,000,000, to be derived from the National Security
Education Trust Fund, to remain available until ex-
pended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States
shall not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian
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employees of the Department of Defense whose pay is
computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to
its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of De-
fense foreign service national employees serving at United
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall
not apply to foreign national employees of the Department
of Defense in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year, unless expressly so provided herein.
SEC. 8004. No more than 20 per centum of the ap-
propriations in this Act which are limited for obligation
during the current fiscal year shall be obligated during
the last two months of the fiscal year: Provided, That this
section shall not apply to obligations for support of active
duty training of reserve components or summer camp
training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
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est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $2,000,000,000
of working capital funds of the Department of Defense
or funds made available in this Act to the Department
of Defense for military functions (except military con-
struction) between such appropriations or funds or any
subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated
and in no case where the item for which funds are re-
quested has been denied by Congress: Provided further,
That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority
or any other authority in this Act: Provided further, That
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher prior-
ity items, based on unforeseen military requirements, than
those for which originally appropriated and in no case
where the item for which reprogramming is requested has
been denied by the Congress.
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(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10,
United States Code, may be maintained in only such
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further,
That transfers may be made between working capital
funds and the ‘‘Foreign Currency Fluctuations, Defense’’
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of
the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working
capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any
such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
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notification 30 calendar days in session in advance to the
congressional defense committees.
SEC. 8008. (a) None of the funds provided in this
Act shall be available to initiate (1) a multiyear contract
that employs economic order quantity procurement in ex-
cess of $20,000,000 in any one year of the contract or
that includes an unfunded contingent liability in excess of
$20,000,000, or (2) a contract for advance procurement
leading to a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in
any one year, unless the congressional defense committees
have been notified at least thirty days in advance of the
proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to
initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to
the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act
shall be available to initiate multiyear procurement con-
tracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 un-
less specifically provided in this Act: Provided further,
That no multiyear procurement contract can be termi-
nated without 10-day prior notification to the congres-
sional defense committees: Provided further, That the exe-
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cution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared
to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
Family of Medium Tactical Vehicles.
(b) None of the funds provided in this Act and here-
after may be used to submit to Congress (or to any com-
mittee of Congress) a request for authority to enter into
a contract covered by those provisions of subsection (a)
that precede the first proviso of that subsection unless—
(1) such request is made as part of the submis-
sion of the President’s Budget for the United States
Government for any fiscal year and is set forth in
the Appendix to that budget as part of proposed leg-
islative language for appropriations bills for the next
fiscal year; or
(2) such request is formally submitted by the
President as a budget amendment; or
(3) the Secretary of Defense makes such re-
quest in writing to the congressional defense com-
mittees.
SEC. 8009. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are
hereby appropriated pursuant to section 401 of title 10,
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United States Code, for humanitarian and civic assistance
costs under chapter 20 of title 10, United States Code.
Such funds may also be obligated for humanitarian and
civic assistance costs incidental to authorized operations
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported to Congress on September 30 of
each year: Provided, That funds available for operation
and maintenance shall be available for providing humani-
tarian and similar assistance by using Civic Action Teams
in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact
of Free Association as authorized by Public Law 99–239:
Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for grad-
uate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army
may authorize the provision of medical services at such
facilities and transportation to such facilities, on a non-
reimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Is-
lands, the Marshall Islands, the Federated States of Mi-
cronesia, Palau, and Guam.
SEC. 8010. (a) During fiscal year 1998, the civilian
personnel of the Department of Defense may not be man-
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aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not
be subject to any constraint or limitation (known as an
end-strength) on the number of such personnel who may
be employed on the last day of such fiscal year.
(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 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. 8011. 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
Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Per-
sonnel Manual: Provided further, That workyears ex-
pended in dependent student hiring programs for dis-
advantaged youths shall not be included in this workyear
limitation.
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SEC. 8012. 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. 8013. (a) None of the funds appropriated by
this Act shall be used to make contributions to the Depart-
ment of Defense Education Benefits Fund pursuant to
section 2006(g) of title 10, United States Code, represent-
ing the normal cost for future benefits under section
3015(c) of title 38, United States Code, for any member
of the armed services who, on or after the date of enact-
ment 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
Secretary 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 member covered by clause (1), these limita-
tions shall not apply to members in combat arms skills
or to members who enlist in the armed services on or after
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July 1, 1989, under a program continued or established
by the Secretary of Defense in fiscal year 1991 to test
the cost-effective use of special recruiting incentives in-
volving not more than nineteen noncombat arms skills ap-
proved in advance by the Secretary of Defense: Provided
further, That this subsection applies only to active compo-
nents 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
receiving benefits paid by the Secretary of Veterans Af-
fairs 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 reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to ac-
tive components of the Army.
(TRANSFER OF FUNDS)
SEC. 8014. 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
agreement pursuant to section 831 of the National De-
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fense Authorization 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. 8015. None of the funds in this Act may be
available 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 substan-
tially 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 sub-
stantially all of the components of anchor and mooring
chain shall be considered to be produced or manufactured
in the United States if the aggregate cost of the compo-
nents produced or manufactured in the United States ex-
ceeds 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 pro-
curement may waive this restriction on a case-by-case
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basis by certifying in writing to the Committees on Appro-
priations that such an acquisition must be made in order
to acquire capability for national security purposes.
SEC. 8016. 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 in-
patient mental health service for care received when a pa-
tient is referred to a provider of inpatient mental health
care or residential treatment care by a medical or health
care professional having an economic interest in the facil-
ity to which the patient is referred: Provided, That this
limitation does not apply in the case of inpatient mental
health services provided under the program for the handi-
capped under subsection (d) of section 1079 of title 10,
United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary
of Defense because of medical or psychological cir-
cumstances of the patient that are confirmed by a health
professional who is not a Federal employee after a review,
pursuant to rules prescribed by the Secretary, which takes
into account the appropriate level of care for the patient,
the intensity of services required by the patient, and the
availability of that care.
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SEC. 8017. 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 prescribe.
SEC. 8018. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of De-
fense 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 utilized only for the construction of facilities to
support United States military forces in that host nation,
or such real property maintenance and base operating
costs that are currently executed through monetary trans-
fers to such host nations: Provided further, That the De-
partment 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 operating costs that shall be funded
by the host nation through such credits: Provided further,
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That all military construction projects to be executed from
such accounts must be previously approved in a prior Act
of Congress: Provided further, That each such Executive
Agreement with a NATO member host nation shall be re-
ported to the congressional defense committees, the Com-
mittee on International Relations of the House of Rep-
resentatives and the Committee on Foreign Relations of
the Senate thirty days prior to the conclusion and endorse-
ment of any such agreement established under this provi-
sion.
SEC. 8019. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
pose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22
caliber rifles, .30 caliber rifles, or M-1911 pistols.
SEC. 8020. Notwithstanding any other provision of
law, none of the funds appropriated by this Act shall be
available to pay more than 50 percent of an amount paid
to any person under section 308 of title 37, United States
Code, in a lump sum.
SEC. 8021. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used for
any single relocation of an organization, 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
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by certifying in writing to the congressional defense com-
mittees that such a relocation is required in the best inter-
est of the Government.
SEC. 8022. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Co-
lumbia may be used for the pay, allowances, and benefits
of an employee as defined by section 2105 of title 5 or
an individual employed by the government of the District
of Columbia, permanent or temporary indefinite, who—
(1) is a member of a Reserve component of the
Armed Forces, as described in section 10101 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 provi-
sion 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
United States; and
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SEC. 8025. 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 Veter-
ans Affairs by section 7455 of title 38, United States
Code.
SEC. 8026. 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
levels funded in this Act.
SEC. 8027. (a) Of the funds for the procurement of
supplies or services appropriated by this Act, qualified
nonprofit agencies for the blind or other severely handi-
capped shall be afforded the maximum practicable oppor-
tunity to participate as subcontractors and suppliers in the
performance of contracts let by the Department of De-
fense.
(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 toward meeting that subcontracting goal for any
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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
Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
SEC. 8028. During the current fiscal year, net re-
ceipts pursuant to collections from third party payers pur-
suant 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. 8029. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government
of Kuwait, under that section: Provided, That, upon re-
ceipt, such contributions from the Government of Kuwait
shall be credited to the appropriations or fund which in-
curred such obligations.
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SEC. 8030. Of the funds made available in this Act,
not less than $27,200,000 shall be available for the Civil
Air Patrol, of which $22,702,000 shall be available for Op-
eration and maintenance.
SEC. 8031. (a) None of the funds appropriated in this
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a
separate entity administrated by an organization manag-
ing another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and
other non-profit entities.
(b) LIMITATION ON COMPENSATION.—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 consult-
ant to any defense FFRDC, may be compensated 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 perform-
ance of membership duties.
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(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.
(d) Notwithstanding any other provision of law, the
Secretary of Defense shall reduce the total amounts ap-
propriated in titles II, III, and IV of this Act by
$55,000,000: Provided, That the total amounts appro-
priated in titles II, III, and IV of this Act are hereby re-
duced by $55,000,000 to reflect savings from the use of
defense FFRDCs by the Department.
(e) Within 60 days after enactment of this Act, the
Secretary of Defense shall submit to the congressional de-
fense committees a report presenting the specific amounts
of staff years of technical effort to be allocated by the de-
partment for each defense FFRDC during fiscal year
1998: Provided, That, after the submission of the report
required by this subsection, the department may not re-
allocate more than five percent of an FFRDC’s staff years
among other defense FFRDCs until 30 days after a de-
tailed justification for any such reallocation is submitted
to the congressional defense committees.
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(f) The Secretary of Defense shall, with the submis-
sion 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.
(g) The total amounts appropriated to or for the use
of the department in title II of this Act are hereby further
reduced by $86,300,000 to reflect savings from the de-
creased use of non-FFRDC consulting services by the de-
partment.
(h) No part of the reductions contained in subsections
(d) and (g) of this section may be applied against any
budget activity, activity group, subactivity group, line
item, program element, program, project, subproject or ac-
tivity which does not fund defense FFRDC activities or
non-FFRDC consulting services within each appropriation
account.
(i) Not later than 90 days after enactment of this
Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report listing the specific
funding reductions allocated to each category listed in sub-
section (h) above pursuant to this section.
SEC. 8032. 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 fa-
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cility or property under the control of the Department of
Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement re-
strictions 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 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: Pro-
vided further, That these restrictions shall not apply to
contracts which are in being as of the date of enactment
of this Act.
SEC. 8033. 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 subcommit-
tee on Defense of the Committee on Appropriations of the
Senate, and the subcommittee on National Security of the