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SEC. 8050. (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, com-
plies with Buy American Act. For purposes of this sub-
section, the term ‘‘Buy American Act’’ means title III of
the Act entitled ‘‘An Act making appropriations for the
Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved
March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a per-
son 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 America, the Secretary shall determine, in accordance
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with
the Department of Defense.
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase
only American-made equipment and products, provided
that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely
fashion.
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SEC. 8051. 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
activity responsible for the procurement determines—
(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 sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a
new product or idea of a specific concern is given fi-
nancial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to
improvements of equipment that is in development or pro-
duction, or contracts as to which a civilian official of the
Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in
the interest of the national defense.
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SEC. 8052. (a) Except as provided in subsections (b)
and (c), none of the funds made available by this Act may
be used—
(1) to establish a field operating agency, or to
increase the number of personnel assigned to a field
operating agency of a headquarters activity; or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the Depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place
of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection
(a), on a case-by-case basis, if the Secretary determines,
and certifies to the Committees on Appropriations of the
House of Representatives and Senate that the granting
of the waiver will reduce the personnel requirements or
the financial requirements of the department.
(c) This section does not apply to field operating
agencies funded within the National Foreign Intelligence
Program.
SEC. 8053. 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 prop-
erty at Naval Air Facility, Adak, Alaska, pursuant to 10
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U.S.C. 2667(f), for commercial, industrial or other pur-
poses.
SEC. 8054. Notwithstanding any other provision of
law, for resident classes entering the war colleges after
September 30, 1998, the Department of Defense shall re-
quire that not less than 20 percent of the total of United
States military students at each war college shall be from
military departments other than the hosting military de-
partment: Provided, That each military department will
recognize the attendance at a sister military department
war college as the equivalent of attendance at its own war
college for promotion and advancement of personnel.
(RESCISSIONS)
SEC. 8055. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are here-
by rescinded from the following accounts in the specified
amounts:
‘‘Aircraft
Procurement,
Army,
1997/1999’’,
$10,000,000;
‘‘Procurement of Ammunition, Army, 1997/
1999’’, $5,000,000;
‘‘Other
Procurement,
Army,
1997/1999’’,
$46,000,000;
‘‘Aircraft
Procurement,
Navy,
1997/1999’’,
$24,000,000;
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‘‘Other
Procurement,
Navy,
1997/1999’’,
$2,200,000;
‘‘Aircraft Procurement, Air Force, 1997/1999’’,
$27,000,000;
‘‘Shipbuilding
and
Conversion,
Navy,
1996/
2000’’, $35,600,000;
‘‘Other
Procurement,
Navy,
1996/1998’’,
$3,300,000; and
‘‘Research, Development, Test and Evaluation,
Army, 1997/1998’’, $7,000,000.
SEC. 8056. None of the funds provided in this Act
may be obligated for payment on new contracts on which
allowable costs charged to the government include pay-
ments for individual compensation at a rate in excess of
$250,000 per year.
SEC. 8057. None of the funds available in this Act
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard,
the Air National Guard, Army Reserve and Air Force Re-
serve for the purpose of applying any administratively im-
posed civilian personnel ceiling, freeze, or reduction on
military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8058. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
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pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8059. During the current fiscal year, funds ap-
propriated in this Act are available to compensate mem-
bers 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,
United States Code: Provided, That during the perform-
ance of such duty, the members of the National Guard
shall be under State command and control: Provided fur-
ther, 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.
SEC. 8060. 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
appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intel-
ligence support to Unified Commands, Defense Agencies
and Joint Intelligence Activities, including the activities
and programs included within the General Defense Intel-
ligence Program and the Consolidated Cryptologic Pro-
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gram: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard
personnel and training procedures.
SEC. 8061. 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 as-
signed to military treatment facilities below the September
30, 1997 level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional 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.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8062. None of the funds appropriated in this
Act may be transferred to or obligated from the Pentagon
Reservation Maintenance Revolving Fund, unless the Sec-
retary of Defense certifies that the total cost for the plan-
ning, design, construction and installation of equipment
for the renovation of the Pentagon Reservation will not
exceed $1,218,000,000.
SEC. 8063. (a) None of the funds available to the
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to
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any other department or agency of the United States ex-
cept as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any
other department or agency of the United States except
as specifically provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8064. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal
buildings may, during their period of availability, be trans-
ferred to other appropriations or funds of the Department
of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available
for the same general purposes, and for the same time pe-
riod, as the appropriation or fund to which transferred.
SEC. 8065. 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 domestic origin: Provided, That the Secretary of
the military department responsible for such procurement
may waive this restriction on a case-by-case basis by cer-
tifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate, that ade-
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quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire ca-
pability for national security purposes.
SEC. 8066. Notwithstanding any other provision of
law, funds available to the Department of Defense shall
be made available to provide transportation of medical
supplies and equipment, on a nonreimbursable basis, to
American Samoa: Provided, That notwithstanding any
other provision of law, funds available to the Department
of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a non-
reimbursable basis, to the Indian Health Service when it
is in conjunction with a civil-military project.
SEC. 8067. None of the funds in this Act may be
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire
capability for national security purposes that is not avail-
able from United States manufacturers.
SEC. 8068. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eli-
gible to participate in any manufacturing extension pro-
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gram financed by funds appropriated in this or any other
Act.
SEC. 8069. 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
provision requiring the contractor to employ, for the pur-
pose of performing that portion of the contract in such
State that is not contiguous with another State, individ-
uals 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 Sec-
retary of Defense may waive the requirements of this sec-
tion, on a case-by-case basis, in the interest of national
security.
SEC. 8070. During the current fiscal year, the Army
shall use the former George Air Force Base as the airhead
for the National Training Center at Fort Irwin: Provided,
That none of the funds in this Act shall be obligated or
expended to transport Army personnel into Edwards Air
Force Base for training rotations at the National Training
Center.
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SEC. 8071. (a) The Secretary of Defense shall sub-
mit, on a quarterly basis, a report 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 setting forth all costs
(including incremental costs) incurred by the Department
of Defense during the preceding quarter in implementing
or supporting resolutions of the United Nations Security
Council, including any such resolution calling for inter-
national sanctions, international peacekeeping operations,
and humanitarian missions undertaken by the Depart-
ment of Defense. The quarterly report shall include an ag-
gregate of all such Department of Defense costs by oper-
ation 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. 8072. (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
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international organization any defense articles or services
(other than intelligence services) for use in the activities
described in subsection (b) unless the congressional de-
fense committees, the Committee on International Rela-
tions of the House of Representatives, and the Committee
on Foreign Relations of the Senate are notified 15 days
in advance of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) 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
(2) 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
requirements of all elements of the Armed
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Forces (including the reserve components) for
the type of equipment or supplies to be trans-
ferred have been met; and
(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 pro-
vide funds for such replacement.
SEC. 8073. None of the funds available to the De-
partment of Defense under this Act shall be obligated or
expended to pay a contractor under a contract with the
Department 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
excess of the normal salary paid by the contractor
to the employee; and
(2) such bonus is part of restructuring costs as-
sociated with a business combination.
SEC. 8074. 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
individual 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. 8075. For purposes of section 1553(b) of title
31, United States Code, any subdivision of appropriations
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made in this Act under the heading ‘‘Shipbuilding and
Conversion, Navy’’ shall be considered to be for the same
purpose as any subdivision under the heading ‘‘Shipbuild-
ing and Conversion, Navy’’ appropriations in any prior
year, and the one percent limitation shall apply to the total
amount of the appropriation.
SEC. 8076. 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 Air-
craft Program shall remain available for expenditure and
for adjusting obligations for such Program until Septem-
ber 30, 2003.
SEC. 8077. 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
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged
to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
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closed account before the end of the period of avail-
ability or closing of that account;
(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 obli-
gation is not chargeable to a current appropriation
of the Department of Defense under the provisions
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall
be reversed and recorded against the expired ac-
count: Provided further, That the total amount
charged to a current appropriation under this sec-
tion may not exceed an amount equal to one percent
of the total appropriation for that account.
(TRANSFER OF FUNDS)
SEC. 8078. Upon enactment of this Act, the Sec-
retary of Defense shall make the following transfers of
funds: Provided, That the amounts transferred shall be
available for the same purposes as the appropriations to
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which transferred, and for the same time period as the
appropriation from which transferred: Provided further,
That the amounts shall be transferred between the follow-
ing appropriations in the amount specified:
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, 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; and
For craft, outfitting, and post deliv-
ery, $2,019,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1989/2000’’:
SSN–21 attack submarine program,
$21,572,000;
From:
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Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1991/2001’’:
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; and
For craft, outfitting, and post deliv-
ery, $12,000,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1991/2001’’:
SSN–21 attack submarine program,
$24,633,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1996/2000’’:
LHD–1 amphibious assault ship pro-
gram, $5,592,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1996/2000’’:
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SSN–21 attack submarine program,
$5,592,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1994/1998’’:
LHD–1 amphibious assault ship pro-
gram, $400,000; and
DDG–51
destroyer
program,
$1,054,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1995/1999’’:
For craft, outfitting, and post deliv-
ery,
conversions,
and
first
destination
transportation, $715,000;
From:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1996/2000’’:
LHD–1 amphibious assault ship pro-
gram, $17,513,000; and
For craft, outfitting, and post deliv-
ery,
conversions,
and
first
destination
transportation, $878,000;
From:
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Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1997/2001’’:
For craft, outfitting, and post deliv-
ery,
conversions,
and
first
destination
transportation, $3,600,000;
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1997/2001’’:
DDG–51
destroyer
program,
$24,160,000;
From:
Under the heading, ‘‘Aircraft Procurement,
Air Force, 1997/1999’’, $73,531,000;
To:
Under the heading, ‘‘Research, Develop-
ment, Test and Evaluation, Air Force, 1997/
1998’’, $73,531,000.
SEC. 8079. The Under Secretary of Defense (Comp-
troller) shall submit to the congressional defense commit-
tees by February 1, 1998 a detailed report identifying, by
amount and by separate budget activity, activity group,
subactivity group, line item, program element, program,
project, subproject, and activity, any activity for which the
fiscal year 1999 budget request was reduced because Con-
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gress appropriated funds above the President’s budget re-
quest for that specific activity for fiscal year 1998.
SEC. 8080. (a). None of the funds available to the
Department of Defense under this Act may be obligated
or expended to reimburse a defense contractor for restruc-
turing 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
resulting from the restructuring will exceed the costs
allowed and the Secretary of Defense determines
that the business combination will result in the pres-
ervation of a critical capability that might otherwise
be lost to the Department; and
(3) the report required by Section 818(e) of
Public Law 103–337 to be submitted to Congress in
1997 is submitted.
(b) Not later than April 1, 1998, the Comptroller
General shall, in consultation with the Inspector General
of the Department of Defense, the Secretary of Defense,
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and the Secretary of Labor, submit to Congress a report
which shall include the following:
(1) an analysis and breakdown of the restruc-
turing costs paid by or submitted to the Department
of Defense to companies involved in business com-
binations since 1993;
(2) an analysis of the specific costs associated
with workforce reductions;
(3) an analysis of the services provided to the
workers affected by business combinations;
(4) an analysis of the effectiveness of the re-
structuring costs used to assist laid off workers in
gaining employment; and
(5) in accordance with section 818 of Public
Law 103–337, an analysis of the savings reached
from the business combination relative to the re-
structuring costs paid by the Department of De-
fense.
(c) The report should set forth recommendations to
make this program more effective for workers affected by
business combinations and more efficient in terms of the
use of Federal dollars.
SEC. 8081. Funds appropriated in title II of this Act
for supervision and administration costs for facilities
maintenance and repair, minor construction, or design
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projects may be obligated at the time the reimbursable
order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and ad-
ministration costs includes all in-house Government cost.
SEC. 8082. (a) The Chief of the National Guard Bu-
reau may permit the use of equipment of the National
Guard Distance Learning Project by any person or entity
on a space-available, reimbursable basis. The Chief of the
National Guard Bureau shall establish the amount of re-
imbursement to fully recover the costs 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 Dis-
tance Learning Project and be available to defray all costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
SEC. 8083. Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United
States Code, may implement cost-effective agreements for
required
heating
facility
modernization
in
the
Kaiserslautern Military Community in the Federal Repub-
lic
of
Germany:
Provided,
That
in
the
City
of
Kaiserslautern such agreements will include the use of
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United States anthracite as the base load energy for mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal serv-
ices, if provisions are included for the consideration of
United States coal as an energy source.
SEC. 8084. In accordance with section 1557 of title
31, United States Code, the following obligated balance
shall be exempt from subchapter IV of chapter 15 of such
title and shall remain available for expenditure without fis-
cal year limitation: Funds obligated by the Army for con-
tract number DAK F 40–92–H–5001 from funds made
available in the Department of Defense Appropriations
Act, 1992 (Public Law 102–172) under the heading ‘‘Op-
eration and Maintenance, Army’’.
SEC. 8085. In accordance with section 1557 of title
31, United States Code, the following obligated balance
shall be exempt from subchapter IV of chapter 15 of such
title and shall remain available for expenditure without fis-
cal year limitation: Funds obligated by the Economic De-
velopment Administration for EDA Project No. 04–49–
04095 from funds made available in the Department of
Defense Appropriations Act, 1994 (Public Law 103–189).
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SEC. 8086. None of the funds provided by this Act
may be used to pay costs of instruction for an Air Force
officer for enrollment commencing during the 1998–1999
academic year in a postgraduate degree program at a civil-
ian educational institution if—
(1) the degree program to be pursued by that
officer is offered by the Air Force Institute of Tech-
nology (or was offered by that institute during the
1996–1997 academic year);
(2) the officer is qualified for enrollment at the
Air Force Institute of Technology in that degree
program; and
(3) the number of students commencing that
degree program at the Air Force Institute of Tech-
nology during the first semester of the 1998–1999
academic year is less than the number of students
commencing that degree program for the first se-
mester of the 1996–1997 academic year.
SEC. 8087. Of the funds provided in this Act under
the heading, ‘‘Environmental Restoration, Air Force’’,
$10,400,000 shall be deposited into the Foreign Military
Sales Trust Fund to the credit of the Canadian Govern-
ment pursuant to the exchange of notes between the Gov-
ernments of the United States and Canada concerning en-
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vironmental clean-up at former United States’ military in-
stallations in Canada.
SEC. 8088. During the current fiscal year, the
amounts which are necessary for the operation and main-
tenance of the Fisher Houses administered by the Depart-
ments of the Army, the Navy, and the Air Force are here-
by appropriated, to be derived from amounts which are
available in the applicable Fisher House trust fund estab-
lished under 10 U.S.C. 2221 for the Fisher Houses of
each such department.
SEC. 8089. During the current fiscal year, refunds
attributable to the use of the Government travel card by
military personnel and civilian employees of the Depart-
ment of Defense may be credited to operation and mainte-
nance accounts of the Department of Defense which are
current when the refunds are received.
SEC. 8090. During the current fiscal year, not more
than a total of $60,000,000 in withdrawal credits may be
made by the Marine Corps Supply Management activity
group of the Navy Working Capital Fund, Department of
Defense Working Capital Funds, to the credit of current
applicable appropriations of a Department of Defense ac-
tivity in connection with the acquisition of critical low den-
sity repairables that are capitalized into the Navy Working
Capital Fund.
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SEC. 8091. 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. 8092. At the time the President submits his
budget for fiscal year 1999, the Department of Defense
shall transmit to the congressional defense committees a
budget justification document for the active and reserve
Military Personnel accounts, to be known as the ‘‘M–1’’,
which shall identify, at the budget activity, activity group,
and subactivity group level, the amounts requested by the
President to be appropriated to the Department of De-
fense for military personnel in any budget request, or
amended budget request, for fiscal year 1999.
SEC. 8093. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $100,000,000 to reflect savings due to ex-
cess inventory, to be distributed as follows: ‘‘Operation
and Maintenance, Army’’, $15,000,000; and ‘‘Operation
and Maintenance, Navy’’, $85,000,000.
SEC. 8094. The amount otherwise provided in this
Act for ‘‘Environmental Restoration, Army’’ is hereby re-
duced by $73,000,000, to reflect funds carried by the
Army as a result of shared cleanup costs.
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SEC. 8095. Notwithstanding any other provision in
this Act, the total amount appropriated in title III of this
Act is hereby reduced by $50,000,000 to reflect savings
from repeal of Section 2403 of title 10, United States
Code.
SEC. 8096. None of the funds in this or any other
Act may be used by the National Imagery and Mapping
Agency for any mapping, charting, and geodesy activities
unless contracts for such services are awarded in accord-
ance with the qualifications based selection process in 40
U.S.C. 541 et seq. and 10 U.S.C. 2855: Provided, That
an exception shall be provided for such services that are
critical to national security after a written notification has
been submitted by the Deputy Secretary of Defense to the
Committees on Appropriations of the House of Represent-
atives and the Senate.
SEC. 8097. During the current fiscal year, the Sec-
retary of Defense may award contracts for capital assets
having a development or acquisition cost of not less than
$100,000 of a Working Capital Fund in advance of the
availability of funds in the Working Capital Fund for
minor construction, automatic data processing equipment,
software, equipment, and other capital improvements.
SEC. 8098. The Secretary of Defense shall submit to
the congressional defense committees not later than No-
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vember 15, 1997 an aviation safety plan outlining an ap-
propriate level of navigational safety upgrades for all De-
partment of Defense aircraft and the associated funding
profile to install these upgrades in an expeditious manner.
SEC. 8099. The Secretary of Defense shall submit to
the Committees on Appropriations of the House of Rep-
resentatives and Senate, not later than April 15, 1998,
a report on alternatives for current theater combat simula-
tions: Provided, That this report shall be based on a review
and evaluation by the Defense Science Board of the ade-
quacy of the current models used by the Department of
Defense for theater combat simulations, with particular
emphasis on the tactical warfare (TACWAR) model and
the ability of that model to adequately measure airpower,
stealth, and other asymmetrical United States warfighting
advantages, and shall include the recommendations of the
Defense Science Board for improvements to current mod-
els and modeling techniques.
SEC. 8100. None of the funds appropriated in title
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction
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does not apply to programs funded within the National
Foreign Intelligence Program: Provided further, That the
Secretary of Defense 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 it is in the national security interest to do
so.
SEC. 8100A. It is the sense of the Congress that all
member nations of the North Atlantic Treaty Organiza-
tion (NATO) should contribute their proportionate share
to pay for the costs of the Partnership for Peace program
and for any future costs attributable to the expansion of
NATO.
SEC. 8100B. None of the funds in this Act may be
used to pay for NATO expansion not authorized by law.
SEC. 8101. The budget of the President for fiscal
year 1999 submitted to Congress pursuant to section 1105
of title 31, United States Code, and each annual budget
request thereafter, shall include budget activity groups
(known as ‘‘subactivities’’) in the operation and mainte-
nance accounts of the military departments and other ap-
propriation accounts, as may be necessary, to separately
identify all costs incurred by the Department of Defense
to support the expansion of the North Atlantic Treaty Or-
ganization. The budget justification materials submitted
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to Congress in support of the budget of the Department
of Defense for fiscal year 1999, and subsequent fiscal
years, shall provide complete, detailed estimates for the
incremental costs of such expansion.
SEC. 8102. (a) LIMITATION.—Funds appropriated or
otherwise made available for the Department of Defense
for any fiscal year may not be obligated for the deploy-
ment of any ground elements of the United States Armed
Forces in the Republic of Bosnia and Herzegovina after—
(1) June 30, 1998; or
(2) such later date as may be specifically pre-
scribed by law after the date of the enactment of
this Act, based upon a request from the President
or otherwise as the Congress may determine.
(b) EXCEPTIONS.—The limitation in subsection (a)
shall not apply to the extent necessary to support (1) a
limited number of United States military personnel suffi-
cient only to protect United States diplomatic facilities in
existence on the date of the enactment of this Act, and
(2) noncombat military personnel sufficient only to advise
the commanders North Atlantic Treaty Organization
peacekeeping operations in the Republic of Bosnia and
Herzegovina.
(c) CONSTRUCTION OF SECTION.—Nothing in this
section shall be deemed to restrict the authority of the
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President under the Constitution to protect the lives of
United States citizens.
(d) LIMITATION ON SUPPORT FOR LAW ENFORCE-
MENT ACTIVITIES IN BOSNIA.—None of the funds appro-
priated or otherwise made available to the Department of
Defense for any fiscal year may be obligated or expended
after the date of the enactment of this Act for the conduct
of, or direct support for, law enforcement activities in the
Republic of Bosnia and Herzegovina, except for the train-
ing of law enforcement personnel or to prevent imminent
loss of life.
(e) PRESIDENTIAL REPORT ON POLITICAL AND MILI-
TARY CONDITIONS IN BOSNIA.—(1) Not later than De-
cember 15, 1997, the President shall submit to Congress
a report on the political and military conditions in the Re-
public of Bosnia and Herzegovina (hereafter in this sub-
section referred to as Bosnia-Herzegovina). Of the funds
available to the Secretary of Defense for fiscal year 1998
for the operation of United States ground forces in
Bosnia-Herzegovina during that fiscal year, no more than
60 percent may be expended before the report is submit-
ted.
(2) The report under paragraph (1) shall include a
discussion of the following:
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(A) An identification of the specific steps taken
by the United States Government to transfer the
United States portion of the peacekeeping mission in
the Republic of Bosnia and Herzegovina to Euro-
pean allied nations or organizations.
(B) A detailed discussion of the proposed role
and involvement of the United States in supporting
peacekeeping activities in the Republic of Bosnia
and Herzegovina following the withdrawal of United
States ground forces from the Republic of Bosnia
and Herzegovina pursuant to subsection (a).
(C) A detailed explanation and timetable for
carrying out the President’s commitment to with-
draw all United States ground forces from Bosnia-
Herzegovina by the end of June 1998, including the
planned date of commencement and completion of
the withdrawal.
(D) The date on which the transition from the
multinational force known as the Stabilization Force
to the planned multinational successor force to be
known as the Deterrence Force will occur and how
the decision as to that date will impact the estimates
of costs associated with the operation of United
States ground forces in Bosnia-Herzegovina during
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fiscal year 1998 as contained in the President’s
budget for fiscal year 1998.
(E) The military and political considerations
that will affect the decision to carry out such a tran-
sition.
(F) Any plan to maintain or expand other
Bosnia-related operations (such as the operation
designated as Operation Deliberate Guard) if ten-
sions in Bosnia-Herzegovina remain sufficient to
delay the transition from the Stabilization Force to
the Deterrence Force and the estimated cost associ-
ated with each such operation.
(G) Whether allied nations participating in the
Bosnia mission have similar plans to increase and
maintain troop strength or maintain ground forces
in Bosnia-Herzegovina and, if so, the identity of
each such country and a description of that coun-
try’s plans.
(3) As used in this subsection, the term ‘‘Stabiliza-
tion Force’’ (referred to as ‘‘SFOR’’) means the follow-
on force to the Implementation Force (known as ‘‘IFOR’’)
in the Republic of Bosnia and Herzegovina and other
countries in the region, authorized under United Nations
Security Council Resolution 1008 (December 12, 1996).
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SEC. 8103. None of the funds made available in this
Act may be obligated or expended to enter into or renew
a contract with a contractor that is subject to the report-
ing requirement set forth in subsection (d) of section 4212
of title 38, United States Code, but has not submitted the
most recent report required by such subsection for 1997
or a subsequent year.
SEC. 8104. None of the funds made available in this
Act may be used to approve or license the sale of F–22
advanced tactical fighter to any foreign government.
UNITED STATES MAN AND THE BIOSPHERE PROGRAM
LIMITATION
SEC. 8105. None of the funds appropriated or other-
wise made available by this Act my be made available for
the United States Man and the Biosphere Program, or
related projects.
SEC. 8106. (a) None of the funds appropriated or
otherwise made available by this Act for the Department
of Defense specimen repository described in subsection (b)
may be used for any purpose except in accordance with
the requirement in paragraph numbered 3 of the covered
Department of Defense policy memorandum that specifi-
cally provides that permissible uses of specimen samples
in the repository are limited to the following purposes:
(1) Identification of human remains.
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(2) Internal quality assurance activities to vali-
date processes for collection, maintenance and analy-
sis of samples.
(3) A purpose for which the donor of the sam-
ple (or surviving next-of-kin) provides consent.
(4) As compelled by other applicable law in a
case in which all of the following conditions are
present:
(A) The responsible Department of De-
fense official has received a proper judicial
order or judicial authorization.
(B) The specimen sample is needed for the
investigation or prosecution of a crime punish-
able by one year or more of confinement.
(C) No reasonable alternative means for
obtaining a specimen for DNA profile analysis
is available.
(D) The use is approved by the Assistant
Secretary of Defense (Health Affairs) after con-
sultation with the Department of Defense Gen-
eral Counsel.
(b) The specimen repository referred to in subsection
(a) is the repository that was established pursuant to Dep-
uty Secretary of Defense Memorandum 47803, dated De-
cember 16, 1991, and designated as the ‘‘Armed Forces
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Repository of Specimen Samples for the Identification of
Remains’’ by paragraph numbered 4 in the covered De-
partment of Defense policy memorandum.
(c) For purposes of this section, the covered Depart-
ment of Defense policy memorandum is the memorandum
of the Assistant Secretary of Defense (Health Affairs) for
the Secretary of the Army, dated April 2, 1996, issued
pursuant to law which states as its subject ‘‘Policy Refine-
ments for the Armed Forces Repository of Specimen Sam-
ples for the Identification of Remains’’.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 1998’’.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 1998, for military func-
tions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
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duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97–377, as amended
(42 U.S.C. 402 note), to section 229(b) of the Social Secu-
rity Act (42 U.S.C. 429(b)), and to the Department of De-
fense Military Retirement Fund; $20,426,457,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)), and to the Department of Defense
Military Retirement Fund; $16,508,218,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps
on active duty (except members of the Reserve provided for
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elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement
Fund; $6,148,899,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for pay-
ments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), to section 229(b) of the So-
cial Security Act (42 U.S.C. 429(b)), and to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund;
$17,206,056,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
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12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and for members of the Reserve
Officers’ Training Corps, and expenses authorized by sec-
tion 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement
Fund; $2,037,046,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for mem-
bers of the Reserve Officers’ Training Corps, and expenses
authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund; $1,374,901,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title
10, United States Code, or while serving on active duty
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under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty, and for members of the Marine Corps platoon
leaders class, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund;
$384,770,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and
8038 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in sec-
tion 12310(a) of title 10, United States Code, or while un-
dergoing reserve training, or while performing drills or
equivalent duty or other duty, and for members of the Air
Reserve Officers’ Training Corps, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retire-
ment Fund; $815,745,000.
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States Code; and for payments to the Department of Defense
Military Retirement Fund; $1,334,712,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Army, as authorized
by law; and not to exceed $11,437,000 can be used for emer-
gencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for
confidential military purposes, as follows:
Budget 
Activity 
1, 
Operating 
Forces,
$8,394,122,000;
Budget Activity 2, Mobilization, $566,444,000;
Budget Activity 3, Training and Recruiting,
$3,280,148,000; and
Budget 
Activity 
4, 
Administration 
and
Servicewide Activities, $5,029,759,000:
Provided, That a reduction of $357,000,000 shall be made
to the total of these budget activities; in all; $16,913,473,000
and, in addition, $50,000,000 shall be derived by transfer
from the National Defense Stockpile Transaction Fund.
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OPERATION AND MAINTENANCE, NAVY
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Navy and the Marine
Corps, as authorized by law; and not to exceed $5,500,000,
can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary
of the Navy, and payments may be made on his certificate
of necessity for confidential military purposes, as follows:
Budget 
Activity 
1, 
Operating 
Forces,
$15,345,257,000, 
of 
which 
not 
less 
than
$2,040,690,000 shall be obligated for ship depot main-
tenance;
Budget Activity 2, Mobilization, $1,226,985,000;
Budget Activity 3, Training and Recruiting,
$1,681,931,000; and
Budget 
Activity 
4, 
Administration 
and
Servicewide Activities, $3,568,246,000:
Provided, That a reduction of $246,000,000 shall be made
to the total of these budget activities; in all; $21,576,419,000
and, in addition, $50,000,000 shall be derived by transfer
from the National Defense Stockpile Transaction Fund.
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OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Marine Corps, as au-
thorized by law, as follows:
Budget 
Activity 
1, 
Operating 
Forces,
$1,670,747,000;
Budget Activity 3, Training and Recruiting,
$388,282,000; and
Budget 
Activity 
4, 
Administration 
and
Servicewide Activities, $278,506,000:
Provided, That a reduction of $9,000,000 shall be made to
the total of these budget activities; in all; $2,328,535,000.
OPERATION AND MAINTENANCE, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Air Force, as author-
ized by law; and not to exceed $8,362,000 can be used for
emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Air Force,
and payments may be made on her certificate of necessity
for confidential military purposes, as follows:
Budget 
Activity 
1, 
Operating 
Forces,
$9,877,438,000;
Budget Activity 2, Mobilization, $3,122,848,000;
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Budget Activity 3, Training and Recruiting,
$1,613,047,000; and
Budget 
Activity 
4, 
Administration 
and
Servicewide Activities, $4,210,052,000:
Provided, That a reduction of $231,000,000 shall be made
to the total of these budget activities; in all; $18,592,385,000
and, in addition, $50,000,000 shall be derived by transfer
from the National Defense Stockpile Transaction Fund.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the operation and maintenance of activities and agencies
of the Department of Defense (other than the military de-
partments), as authorized by law; and not to exceed
$28,850,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of
the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military pur-
poses, as follows:
Budget 
Activity 
1, 
Operating 
Forces,
$454,007,000, of which not to exceed $25,000,000 may
be available for the CINC initiative fund account;
Budget Activity 2, Mobilization, $27,260,000;
Budget Activity 3, Training and Recruiting,
$159,155,000;
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Budget 
Activity 
4, 
Administration 
and
Servicewide Activities, $8,716,689,000; and
Budget 
Activity 
5, 
Special 
Operations,
$1,123,527,000:
Provided, That a reduction of $81,000,000 shall be made
to 
the 
total 
of 
these 
budget 
activities; 
in 
all;
$10,399,638,000.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications; $1,212,891,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications; $834,211,000.
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OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruit-
ing; procurement of services, supplies, and equipment; and
communications; $110,366,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Air Force Reserve; repair
of facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications; $1,631,200,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administer-
ing the Army National Guard, including medical and hos-
pital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures
and facilities; hire of passenger motor vehicles; personnel
services in the National Guard Bureau; travel expenses
(other than mileage), as authorized by law for Army person-
nel on active duty, for Army National Guard division, regi-